Home / Advice / §41-6a-1406 Non-Compliant Tow from Private Property
towing defenseUnited States · Utah (Statewide)Difficulty: Medium

§41-6a-1406 Non-Compliant Tow from Private Property

Utah Code §41-6a-1406 strictly regulates non-consent tows from private property. The statute requires (1) conspicuous signage at every vehicle entrance stating that unauthorized vehicles will be towed, the towing company name, the 24-hour phone number, and the storage location; (2) the tow company must report the tow to local law enforcement within 30 minutes; (3) tow and storage rates must be posted and may not exceed Department of Transportation–approved maximums (Utah Admin. Code R909-2). Failure on any prong renders the tow unlawful and entitles the vehicle owner to recovery of fees plus damages and attorney fees under §41-6a-1406(13).

Legal basis

Utah Code §41-6a-1406; Utah Admin. Code R909-2; §41-6a-1407 (notice to owner)

Sample appeal wording

Subject: Demand for Refund of Unlawful Tow – Utah Code §41-6a-1406 [Tow Company Name] [Address] On [DATE] at approximately [TIME] my vehicle ([YEAR MAKE MODEL], plate [PLATE]) was towed from [ADDRESS]. I have inspected the property and the tow file and identify the following violations of Utah Code §41-6a-1406: 1. Signage – [No sign at the entrance / Sign lacks 24-hour phone number / Sign lacks storage location / Sign not visible from each entrance] in violation of §41-6a-1406(2)(b). 2. Law enforcement notification – Records from [Police Department] show [no notification / notification at TIME, more than 30 minutes after tow] in violation of §41-6a-1406(5). 3. Fees – Charges of $[AMOUNT] exceed the maximum allowed under Utah Admin. Code R909-2-5. I demand a full refund of $[AMOUNT] within 14 days. If not received, I will file in [COUNTY] Justice Court / Small Claims and seek recovery of fees, treble damages where applicable, and reasonable attorney fees under §41-6a-1406(13). Sincerely, [NAME] [CONTACT]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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