KRS §376.275 / §189.755 — Tow Notice and Lien Defense
KRS §189.755 governs removal of vehicles from public roads and requires prompt police authorization, written record of the tow, and notice to the registered owner. KRS §376.275 establishes the storage lien and requires the lienholder to send notice by registered mail with return receipt before sale. KRS §376.280 mandates a public sale procedure with strict notice and timing. Failure to comply with any of these notice provisions defeats the storage lien and entitles the owner to recover towing/storage fees plus damages. For private-property tows, KRS §376.275(2) requires posted signage with specific elements at the lot entry.
Legal basis
KRS §189.755; KRS §376.275; KRS §376.280; KRS §376.290; common-law conversion
Sample appeal wording
TO: [Towing Company] CC: [Local Police Department] RE: Refund Demand under KRS §189.755 and §376.275 et seq. On [DATE] at [LOCATION] my vehicle ([PLATE]) was towed by [COMPANY]. I assert violations of: ☐ KRS §189.755 — failure to obtain proper police authorization; ☐ KRS §376.275 — non-compliant private-lot signage / failure to send registered-mail notice; ☐ KRS §376.280 — failure to follow lien-enforcement procedure; ☐ Excessive fees beyond local ordinance. I demand: (1) full refund of $[AMOUNT]; (2) release of any lien; (3) confirmation no further charges. Failure to comply will result in suit for refund and damages. Signed, [FULL_NAME] Date: [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- KRS §189.755
- KRS §376.275
- KRS §376.280