NH RSA 262:31-40 Towing Notice Defense
New Hampshire's towing-from-private-property statute (RSA 262:31 through 262:40-c) imposes detailed signage, notice, and licensing requirements. Section 262:32 requires the property owner to post a sign at each entrance stating that vehicles may be towed at the owner's expense, the name and 24-hour telephone number of the tow company, and the location of the storage facility. RSA 262:40 requires the tow company to notify the registered owner via certified mail within 7 days of the tow. Failure of any element invalidates the tow. NH is also one of the few states with a hard cap on private-property tow fees — RSA 262:40-c limits towing and storage fees and prohibits charges for releasing the vehicle on weekends.
Legal basis
RSA 262:31-40-c (private-property towing); RSA 262:32 (signage); RSA 262:40 (notice); RSA 262:40-c (fee caps)
Sample appeal wording
[DATE] [Tow Company / Property Manager] [Address] Re: Wrongful Tow — Vehicle [PLATE], Towed [DATE] My vehicle was towed from [LOCATION] on [DATE] by [TOW COMPANY]. The tow violated RSA 262:31-40-c in the following respects: 1. SIGNAGE (RSA 262:32): At the entrance to the lot there was [no sign / a sign missing the tow company's 24-hour phone number / a sign that did not identify the storage location]. Photographs enclosed. 2. NOTICE (RSA 262:40): I received [no certified-mail notice / notice postmarked [DATE], more than 7 days after the tow]. 3. FEES (RSA 262:40-c): The total of $[AMOUNT] charged exceeds the statutory schedule [identify cap]. 4. WEEKEND RELEASE (RSA 262:40-c): The lot refused to release my vehicle on [Saturday/Sunday] without an additional fee, in violation of the statute. I demand within 14 days a full refund of $[AMOUNT]. Failure will result in a complaint to the NH DMV (which licenses tow companies under RSA 266:9) and a small-claims action in [COUNTY] Circuit Court, plus a complaint to the Attorney General under the Consumer Protection Act, RSA 358-A. Sincerely, [NAME] [ADDRESS] [PHONE] [EMAIL] Enclosures: photographs, receipts, certified-mail envelope
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- RSA 262:31-40-c
- NH DMV — wrecker licensing
- https://gc.nh.gov/rsa/html/XXI/262/262-mrg.htm