§56-5-5630 Private Property Towing — No Conspicuous Sign Defense
SC Code §56-5-5630 governs removal of vehicles from private property. A towing company may only tow a non-consensual vehicle from private property when the property is posted with signage that is (a) conspicuously visible at every entrance, (b) at least 18 inches by 24 inches, (c) clearly states tow-away zone, towing company name, and 24-hour phone, and (d) was in place for at least 24 hours before towing. Tows in violation = unlawful conversion; vehicle owner is entitled to return of vehicle, refund of all tow/storage fees, and may bring action for treble damages under SC Code §39-5-140 (SCUTPA).
Legal basis
SC Code §56-5-5630; SC Code §56-5-5635 (towing company licensing); SC Code §39-5-10 et seq. (SCUTPA, treble damages and attorney fees)
Sample appeal wording
TO: [Towing Company] and [Property Owner / Lot Manager] VIA CERTIFIED MAIL RE: Unlawful Tow of Vehicle [PLATE], [DATE], [LOCATION] This letter constitutes formal demand for the return/refund of all sums charged in connection with the unlawful tow of my vehicle on [DATE] from [LOCATION]. Under S.C. Code Ann. §56-5-5630, a non-consensual tow from private property is permitted ONLY where the lot is conspicuously posted with signs at every vehicular entrance, of minimum size 18" x 24", displaying the towing company's name and 24-hour phone, and in place at least 24 hours prior to tow. My investigation establishes the following defects: [LIST: e.g., no sign at entrance on Main Street; sign smaller than 18x24; sign obscured by foliage; sign installed [DATE] less than 24 hours before tow.] Photographs and witness statements are attached. Demand is hereby made for: (1) refund of $[AMOUNT] in tow and storage fees; (2) written confirmation no derogatory report has been made; (3) response within 15 days. Failure to comply will result in suit in magistrate court for conversion and for treble damages plus attorney fees under the South Carolina Unfair Trade Practices Act, S.C. Code §39-5-140. [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- SC Code §56-5-5630
- SC Code §56-5-5635
- SC Code §39-5-140
- Inman v. Imperial Chrysler-Plymouth, 303 S.C. 17 (1990)