21 Del. C. §2148 — Private Property Tow Notice & Signage Defense
21 Del. C. §2148 governs towing from private property in Delaware. The statute requires (a) signage at every entrance stating 'tow-away zone' with the towing company's name and 24-hour phone, (b) signs at least 18" x 24", and (c) notice to the registered owner within 24 hours of tow. Tows in violation = unlawful conversion. The vehicle owner is entitled to immediate return without payment, refund of any fees paid under protest, and may bring action under the Delaware Consumer Fraud Act for actual damages plus attorney fees.
Legal basis
21 Del. C. §2148; 6 Del. C. §2511 et seq. (DCFA); 6 Del. C. §2532 (UDTPA)
Sample appeal wording
TO: [Towing Company] VIA CERTIFIED MAIL RE: Refund Demand — Unlawful Tow of [PLATE], [DATE], [LOCATION] My vehicle was towed and I was charged $[AMOUNT]. The tow violated 21 Del. C. §2148 in the following respect(s): [CHOOSE] ☐ The lot lacked compliant signs at every vehicular entrance. ☐ Signs were under the 18" x 24" minimum / failed to state 24-hour phone / failed to identify the towing company. ☐ I was not given the required notice within 24 hours of tow. Demand is made for refund of $[AMOUNT] within 15 days. Failure to comply will result in suit in Justice of the Peace Court for conversion and for damages and attorney fees under the Delaware Consumer Fraud Act, 6 Del. C. §2511 et seq., and the Uniform Deceptive Trade Practices Act, 6 Del. C. §2532. [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- 21 Del. C. §2148
- 6 Del. C. §2511 et seq.
- 6 Del. C. §2532 (UDTPA)