Improper Tow Subchapter Notice — 29-A §1851 et seq.
Maine's vehicle-towing subchapter (29-A M.R.S. §1851-1862) imposes strict notice and procedural requirements on any tow from private property, including commercial parking lots, apartment complexes, and HOA-controlled areas. Section 1851 lists the categories of tows covered (including 'left on property without permission'). The subsequent sections require the towing company and/or property owner to provide written notice to the registered owner via the Secretary of State within specified timeframes, post conspicuous signage authorizing the tow, and maintain the vehicle at a properly licensed storage facility. Common violations: (a) no signage at lot entrance stating tow authority, tow company name, and 24-hour retrieval phone; (b) no Secretary of State notice within statutory window; (c) tow occurred from a lot where signage was obstructed or not visible at all entrances; (d) storage fees imposed before notice given; (e) tow company not licensed under 29-A §453. Each defect renders the tow improper and supports refund of tow + storage fees plus possible UTPA claim.
Legal basis
29-A M.R.S. §§1851-1862 (Towing subchapter); §453 (Wrecker/towing licensing); 5 M.R.S. §207 (UTPA)
Sample appeal wording
[DATE] [Tow Company / Property Manager] [Address] Re: Wrongful Tow — Vehicle [PLATE], Towed [DATE] from [LOCATION] Dear [Recipient]: My vehicle was towed on [DATE] from [LOT ADDRESS] by [TOW COMPANY] under your authority. The tow violated the Maine towing subchapter, 29-A M.R.S. §§1851-1862, in the following respects: 1. SIGNAGE: Section 1856 requires conspicuous signage at all entrances to private property authorizing tow, identifying the tow company, and providing a 24-hour retrieval contact. Photographs taken on [DATE] (enclosed) show [no signage / signage smaller than required / signage obstructed / signage missing required information]. 2. NOTICE: I received [no notice / notice dated [DATE], which is [N] days after the tow]. The Secretary-of-State and registered-owner notice requirements were not satisfied. 3. STORAGE FEES: Storage charges accrued during the period when notice had not yet issued and are therefore not properly chargeable. 4. LICENSING: [Tow company license status — if unlicensed under 29-A §453, the tow itself was unlawful.] Under Maine's Unfair Trade Practices Act, 5 M.R.S. §207, charging fees for an unlawful tow constitutes an unfair trade practice. I demand: (a) Full refund of $[AMOUNT] in tow and storage fees; (b) Written confirmation within 14 days. Failure to comply will result in a small-claims action in [COUNTY] District Court and a complaint to the Maine Attorney General's Consumer Protection Division. Sincerely, [NAME] [ADDRESS] [PHONE] [EMAIL] Enclosures: Photographs of lot signage; tow receipt; storage invoice; copy of notice (if any)
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
Beat It writes this argument automatically
Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and submits it to the council on your behalf. Only pay if you win.
Scan my ticketSources
- https://legislature.maine.gov/statutes/29-A/title29-Asec1851.html
- 29-A M.R.S. §§1851-1862 (towing subchapter)
- Maine Bureau of Motor Vehicles — Wrecker licensing