§49-1804 / §49-1806 Non-Compliant Tow Defense
Idaho Code §49-1804 governs abandoned vehicles and §49-1806 controls notice and procedure for non-consent tows from public and private property. Requirements: (1) signage at every entrance under §49-1806(2) listing tow company, 24-hour phone, and rates; (2) the tow company must be licensed under §49-2444; (3) report to law enforcement within one hour under §49-1806(4); (4) statutory notice by certified mail within 5 business days under §49-1806(6); (5) rates may not exceed published maximums. Failure entitles the owner to a refund and damages plus attorney fees under §49-1809.
Legal basis
Idaho Code §49-1804; §49-1806; §49-1809; §49-2444
Sample appeal wording
[Tow Company] CC: Idaho Transportation Department; Idaho AG Consumer Protection RE: Demand for Refund – Unlawful Tow on [DATE] My vehicle was towed from [ADDRESS]. The tow violates Idaho Code §49-1806 and §49-2444 because [signage absent/inadequate / unlicensed / no LE notice within 1 hr / no certified mail notice / fees over max]. I demand a refund of $[AMOUNT] within 14 days. I will otherwise file in [COUNTY] Magistrate Court for refund + damages + attorney fees under §49-1809. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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