Improper Tow from Private Property - Notice Defect (47 O.S. §954A)
Oklahoma law (47 O.S. §954A and §955) requires that vehicles towed from private property meet strict notice requirements: (1) the property must display conspicuous signage at each vehicular entrance stating the tow policy, the towing company's name and phone number, and the right to reclaim; (2) the towing company must notify the owner within 72 hours of tow; (3) the lot must be visibly posted before any non-consensual tow. Failure of any element makes the tow unlawful and creates a cause of action for wrongful tow under 47 O.S. §953 and the Oklahoma Consumer Protection Act. Many private lots in OKC's Bricktown, Tulsa's Brady Arts District, and Norman Campus Corner lack compliant signage.
Legal basis
47 O.S. §954A (private property towing); 47 O.S. §955 (notice requirements); 47 O.S. §953 (wrongful tow remedies); 15 O.S. §753 (Consumer Protection Act)
Sample appeal wording
TO: [TOW COMPANY NAME] CC: Oklahoma Corporation Commission - Transportation Division CC: Oklahoma Attorney General Consumer Protection Unit RE: Wrongful Tow - Vehicle [PLATE] - [DATE] Dear Operator, On [DATE] at approximately [TIME], my vehicle ([YEAR/MAKE/MODEL], plate [PLATE]) was towed from [ADDRESS] by your company. I demand immediate refund of all towing and storage charges totaling $[AMOUNT] on the grounds that the tow violated 47 O.S. §954A and §955. Specifically: 1. The property at [ADDRESS] FAILS to display compliant signage as required by 47 O.S. §954A(A)(1). [Describe deficiency: signs absent / not at every entrance / smaller than required / obscured / lacking towing company name and number / lacking 24-hour reclaim phone]. 2. I received NO notice of the tow within 72 hours as required by 47 O.S. §955. 3. [If applicable] No written tow authorization from the property owner was produced upon my request under 47 O.S. §954A(B). Under 47 O.S. §953, an unlawful tow entitles me to a full refund plus actual damages. Under 15 O.S. §753 (Oklahoma Consumer Protection Act), I am also entitled to treble damages and attorney's fees for deceptive trade practices. If full refund of $[AMOUNT] is not received within fourteen (14) days of this letter, I will file: - A formal complaint with the Oklahoma Corporation Commission - A small claims action in [COUNTY] County District Court - A complaint with the Oklahoma Attorney General Consumer Protection Unit Attached: photographs documenting absent/non-compliant signage; tow receipt; storage invoice. Sincerely, [NAME] [ADDRESS] [PHONE] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- 47 O.S. §954A - Private property towing requirements
- 47 O.S. §955 - Notice requirements
- 47 O.S. §953 - Wrongful tow remedies
- Oklahoma Corporation Commission - Transportation Division
- 15 O.S. §753 - Consumer Protection Act