Hawaii Private Lot 'Boot' / Immobilization Challenge
Some Hawaii private parking operators (especially in Waikiki and resort areas) use vehicle immobilization ('booting') for unpaid alleged violations. Hawaii law on booting is uncertain — booting is not specifically authorized for private operators under HRS §290-11 (which addresses towing). Booting without specific contractual authority or proper signage may constitute conversion (interference with personal property) and violate HRS §480-2 (UDAP). Demand removal and refund; threaten conversion claim.
Legal basis
HRS §290-11 (towing — does not authorize booting); common law conversion; HRS §480-2 (UDAP); HRS §708-833 (interference with chattel)
Sample appeal wording
[OPERATOR_NAME]\nCC: Hawaii Office of Consumer Protection\n\nRe: DEMAND FOR REFUND — Unauthorized Booting / Conversion\nDate: [DATE]\n\nDear Sir/Madam,\n\nOn [DATE], your firm immobilized my vehicle at [LOCATION] and demanded $[AMOUNT] for release. I paid under protest. I now demand FULL REFUND for the following reasons:\n\n1. Hawaii statutes do not explicitly authorize private booting. HRS §290-11 governs towing; no analogous statute authorizes booting by private operators.\n\n2. Booting without authorization constitutes CONVERSION — unlawful interference with personal property — actionable under common law.\n\n3. The signage at this lot [did not authorize booting / did not state booting fees / failed to provide adequate notice]. Under HRS §480-2, this is an unfair and deceptive practice.\n\n4. Under HRS §480-13, I am entitled to TREBLE DAMAGES (3x actual harm) plus reasonable attorney fees, with $1,000 statutory minimum.\n\nDemand: Refund $[AMOUNT] within 14 days. Failure to comply will result in:\n1. Civil suit (conversion + UDAP) in District Court\n2. Complaint to Hawaii OCP (cca.hawaii.gov/ocp; 808-587-4272)\n3. Better Business Bureau complaint [NAME] [CERTIFIED MAIL #]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- HRS §290-11
- HRS §480-2, §480-13
- Hawaii Office of Consumer Protection
- Common law conversion