Improper Tow under K.S.A. §8-1570 - Lack of Authority
K.S.A. §8-1570 (verified) authorizes police officers to remove vehicles only in specific circumstances: (a) vehicles violating K.S.A. §8-1569 (stopped/standing/parked); (b) unattended vehicles obstructing traffic; (c) stolen vehicles, vehicles whose drivers cannot provide custody, or vehicles whose drivers are arrested. Crucially, the Kansas Court of Appeals in State v. Urban, 3 Kan. App. 2d 367, held that impoundment NOT falling within these specific authorizations is unauthorized and unreasonable. Further, K.S.A. §8-1103 governs liens for wrecker/towing services - but Hartford Ins. Co. v. Overland Body Tow, 11 Kan. App. 2d 373, held that K.S.A. §8-1570 creates NO LIEN without owner request or consent. This means a towing company cannot hold your car for storage fees if the original tow was not consensual or properly authorized.
Legal basis
K.S.A. §8-1570 (vehicle removal); K.S.A. §8-1569 (stopped/standing/parked); K.S.A. §8-1103 (towing liens); State v. Urban, 3 Kan. App. 2d 367; Hartford Ins. Co. v. Overland Body Tow, 11 Kan. App. 2d 373
Sample appeal wording
TO: [TOW COMPANY] CC: Kansas Corporation Commission CC: Kansas Attorney General Consumer Protection Division RE: Wrongful Tow Demand Dear Operator, On [DATE], my vehicle (plate [PLATE]) was towed from [LOCATION] by your company. I demand full refund of $[AMOUNT] on the grounds that the tow was unlawful under K.S.A. §8-1570 and creates no lien under K.S.A. §8-1103. Specifically: 1. The tow does not fall within any authorized basis under K.S.A. §8-1570(a)-(c). The vehicle was not violating K.S.A. §8-1569 (it was [describe]); it was not obstructing traffic; no driver was arrested. 2. Under State v. Urban, 3 Kan. App. 2d 367, an unauthorized impoundment is unreasonable. 3. Under Hartford Ins. Co. v. Overland Body Tow, 11 Kan. App. 2d 373 (1986), K.S.A. §8-1570 creates NO LIEN absent owner request or consent. Your retention of my vehicle for storage fees is therefore unlawful conversion. If full refund is not received within 14 days, I will: - File complaint with Kansas Corporation Commission - File suit for conversion and violation of the Kansas Consumer Protection Act, K.S.A. §50-623 et seq. - Seek treble damages and attorney's fees Sincerely, [NAME] [ADDRESS] [PHONE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- K.S.A. §8-1570 (verified at ksrevisor.gov)
- K.S.A. §8-1569
- K.S.A. §8-1103
- State v. Urban, 3 Kan. App. 2d 367
- Hartford Ins. Co. v. Overland Body Tow, 11 Kan. App. 2d 373