Who has the authority to declare you a trespasser?

[android]

I work at a large company with corp office surrounded by parking lots. We've had several vehicles stolen over the last few months, so I am alert for people in the lot that look like they don't belong.

This morning a wrecker is cruising the rows back and forth as I arrive and park. I step out and ask him why he is there and who has given him permission to be on the property. He eventually admits he is there to repo a car and is looking for it. I told him to leave that I was calling security and the police. He continued to cruise rows until our security showed up and tossed him.

So, if I am an employee authorized to be on the property, Can I declare him a trespasser and tell him to leave? If we wanted to pursue criminal trespass charges, who has to deliver the message? As an employee, do I have sufficient authority or does it have to be security?

[WildBill]

I work at a large company with corp office surrounded by parking lots. We've had several vehicles stolen over the last few months, so I am alert for people in the lot that look like they don't belong.

This morning a wrecker is cruising the rows back and forth as I arrive and park. I step out and ask him why he is there and who has given him permission to be on the property. He eventually admits he is there to repo a car and is looking for it. I told him to leave that I was calling security and the police. He continued to cruise rows until our security showed up and tossed him.

So, if I am an employee authorized to be on the property, Can I declare him a trespasser and tell him to leave? If we wanted to pursue criminal trespass charges, who has to deliver the message? As an employee, do I have sufficient authority or does it have to be security?

IMO, ANAL, etc. Since you are not an owner nor an agent of the company you do not have any authority to act on their behalf for security or any other purpose. That is why your company hires security. Even though you may be an employee, you are acting as "third party" and are reporting your concerns through the proper chain of command. IMO, ANAL, etc.

[CaptWoodrow10]

IANAL, but Im pretty sure that the tow truck driver had every legal right to be there. He had a repo order that basically says that the owner (finance company) wanted him to come pick up their property. I know there are some current/former tow truck drivers and repo men here on this forum that will be able to clarify this.

As for your actual question, I believe that security personel under the authority of the building's manager are the ones who can claim somebody is trespassing. Again, IANAL. Just my opinion.

[bizarrenormality]

So, if I am an employee authorized to be on the property, Can I declare him a trespasser and tell him to leave? If we wanted to pursue criminal trespass charges, who has to deliver the message? As an employee, do I have sufficient authority or does it have to be security?

"Notice" means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
(C) a sign or signs.....
(D) the placement of identifying purple paint marks.....
(E) the visible presence on the property of a crop.....

[A-R]

IANAL, but Im pretty sure that the tow truck driver had every legal right to be there. He had a repo order that basically says that the owner (finance company) wanted him to come pick up their property. I know there are some current/former tow truck drivers and repo men here on this forum that will be able to clarify this.

As for your actual question, I believe that security personel under the authority of the building's manager are the ones who can claim somebody is trespassing. Again, IANAL. Just my opinion.

Trying not to get into the same discussions I had in my "Repo Men" forum, but how does the tow truck driver have a "right" to be there? And how does an order from a finance company give the driver the right to be on the property of another company without permission.

If by "right" you mean that it is a public parking garage (a big IF because it may be an employee-only garage) so the general public has the right to be there, I'll agree with that. But as soon as someone with apparent authority (which is what OP was asking if he had) tells anyone to leave the privately owned open-to-the-public property, failure to do so IS trespassing as definted by PC 30.05 (a)(2) and (b)(1) and (b)(2)(a)

PC 30.05 grants exceptions to firefighters and emergency personnel, but not to tow truck drivers.

I think you may be confusing a repo man driving a tow truck to reclaim property under authority of company A with a tow truck driver hired by Company B (who owns the parking lot/garage) to remove unlawfully parked vehicles from Company B's property.

[CaptWoodrow10]

If a consumer defaults on a loan, the creditor has legal authority to enter the consumer's property and seize the vehicle at any time and without prior notice to or consent of the consumer, even in the middle of the night, so long as it is done peaceably.

Found at: http://www.weblocator.com/attorney/tx/law/c05.html" onclick="window.open(this.href);return false;

I realize that this isn't a legal citation, but IANAL and looking for a needle in a haystack is kinda hard if you don't know where to look.
I don't know if this also goes for other locations other than the debtor's but I suspect that if the parking lot doesn't have gates then he's free to go in.

[android]

Trying not to get into the same discussions I had in my "Repo Men" forum, but how does the tow truck driver have a "right" to be there? And how does an order from a finance company give the driver the right to be on the property of another company without permission.

If by "right" you mean that it is a public parking garage (a big IF because it may be an employee-only garage) so the general public has the right to be there, I'll agree with that. But as soon as someone with apparent authority (which is what OP was asking if he had) tells anyone to leave the privately owned open-to-the-public property, failure to do so IS trespassing as definted by PC 30.05 (a)(2) and (b)(1) and (b)(2)(a)

I think you may be confusing a repo man driving a tow truck to reclaim property under authority of company A with a tow truck driver hired by Company B (who owns the parking lot/garage) to remove unlawfully parked vehicles from Company B's property.

The lot is private property and marked that all visitors must report to the building manager.

No wrecker service has permission to patrol or remove cars without a direct request from security. If an employee needs a disable car picked up, security is supposed to be notified or they will probably call the police and report it as a theft. Due to our proximity to IH-35 and the string of vehicle thefts from our lots at several locations by coyotes for transporting illegal immigrants and drugs, we've all been notified to be on the lookout for any suspicious behavior in the parking lots.

Sorry, but repo men just going to have to find another way that doesn't involve trespassing.

[marksiwel]

Basically, can a Repo man do alot of what they do legally? No. But after the fact its hard to
1. Make a case of it
2. Have the police do a darn thing
3. Have anyone care.

[A-R]

If a consumer defaults on a loan, the creditor has legal authority to enter the consumer's property and seize the vehicle at any time and without prior notice to or consent of the consumer, even in the middle of the night, so long as it is done peaceably.

Found at: http://www.weblocator.com/attorney/tx/law/c05.html" onclick="window.open(this.href);return false;

I realize that this isn't a legal citation, but IANAL and looking for a needle in a haystack is kinda hard if you don't know where to look.
I don't know if this also goes for other locations other than the debtor's but I suspect that if the parking lot doesn't have gates then he's free to go in.

But - as far as we know - tow truck driver wasn't seizing a vehicle from "the consumer's property", unless he was seizing a vehicle owned by the exact same entity that owns the parking garage - not likely). More likely he was trying to seize a vehicle from someone while they are at work. So he would not have the right to enter this third party's property without permission. And if told to leave for any reason by person of apparent authority would be required by law to leave - with failure to do so constituting trespass under 30.05

[Oldgringo]

Pay your bills and this is a non-issue to you.

[A-R]

Pay your bills and this is a non-issue to you.

I disagree, but the reasons why go way beyond the scope of the OP. So I'm going to let it rest.

[boomerang]

Pay your bills and this is a non-issue to you.

The issue is trespassing.

In the story told, they didn't find the car on the property, but they still trespassed until security forced them to leave.

[KD5NRH]

(A) oral or written communication by the owner or someone with apparent authority to act for the owner;

A security officer's contract with a company is generally considered prima facie evidence of that authority. It can, however, be granted to anyone, though it should be done in writing for obvious reasons. A simple note that "John Doe is authorized to act as the company's representative regarding parking lot security issues" would suffice.

[Oldgringo]

Pay your bills and this is a non-issue to you.

The issue is trespassing.

In the story told, they didn't find the car on the property, but they still trespassed until security forced them to leave.

Isn't everyone without a "pass", explicit or otherwise, trespassing?

[boomerang]

According to the OP

The lot is private property and marked that all visitors must report to the building manager.