Improper Tow Notification - §46.2-1213/§46.2-1217 Violations
Code of Virginia §46.2-1209 through §46.2-1217 establish strict requirements for tow notification and recovery procedures. Under §46.2-1213, the towing/recovery operator must notify the locality within one hour of the tow, and the locality (or operator on private property tows) must notify the registered owner within 24 hours. §46.2-1217 mandates clear posted notice on private property before non-consensual tow. Failure to comply renders the tow improper and triggers refund and damages liability under §46.2-1217.1.
Legal basis
Code of Virginia §46.2-1213; §46.2-1215; §46.2-1217 (signage on private property); §46.2-1217.1 (penalties); §46.2-1231 (recovery from improperly towing operator)
Sample appeal wording
[DATE] [Tow Company Name] and [Property Owner/Locality] Via Certified Mail RE: Demand for Refund - Improper Tow of Vehicle [PLATE] on [DATE] To Whom It May Concern: I demand a full refund of all towing and storage fees paid in connection with the non-consensual tow of my vehicle on [DATE] from [LOCATION], on the ground that the tow was conducted in violation of Virginia law. Violations of Code of Virginia §46.2-1209 et seq.: 1. §46.2-1217 Signage Defect: The private property from which my vehicle was towed lacked the conspicuous signage required by statute, specifically: [no signs visible / signs smaller than required / signs lacking required content (tow company name, 24-hr phone, fee schedule) / signs not posted at every entrance]. 2. §46.2-1213 Notification Failure: I was not notified within 24 hours that my vehicle had been towed. I discovered the tow at [DATE/TIME], and was forced to call [POLICE/311] to locate the vehicle. 3. §46.2-1215 Excessive Fees: The fees charged ($[AMOUNT]) exceed the locality's authorized tow and storage fee schedule. Under §46.2-1217.1 and §46.2-1231, I am entitled to recovery of all fees paid plus damages. If a full refund is not issued within 30 days, I will pursue the matter in General District Court and file complaints with: • Virginia DMV Towing Advisory Board • [Locality] consumer affairs office • Virginia Attorney General Consumer Protection Section Fees demanded: $[AMOUNT] Required refund deadline: [DATE + 30] Sincerely, [NAME] [ADDRESS]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Code of Virginia §46.2-1209
- Code of Virginia §46.2-1213
- Code of Virginia §46.2-1215
- Code of Virginia §46.2-1217
- Code of Virginia §46.2-1217.1
- Code of Virginia §46.2-1231