No Statutory Authority for Private Parking 'Boot' or DMV Hold
Unlike many states, South Carolina does not authorize private parking operators to immobilize (boot) vehicles or to register a private hold on a vehicle's DMV record. Operators in Greenville, Spartanburg, and Rock Hill that boot vehicles for unpaid private parking notices act outside any statutory authority. Booting is a per se conversion under SC tort law and triggers SCUTPA treble damages plus attorney fees. Demand for $150-$300 to remove a boot is recoverable in full plus 3x.
Legal basis
SC Code §16-13-30 (larceny); SC Code §39-5-140 (SCUTPA treble damages); Inman v. Imperial Chrysler-Plymouth, 303 S.C. 17 (1990); absence of any SC statute authorizing private booting
Sample appeal wording
TO: [Booting/Private Parking Operator] VIA CERTIFIED MAIL RE: Refund Demand for Unlawful Vehicle Immobilization, [DATE], [LOCATION] On [DATE] you immobilized my vehicle ([PLATE]) at [LOCATION] and required payment of $[AMOUNT] to release it. The fee was paid under protest. No statute of South Carolina authorizes a private parking operator to immobilize a motor vehicle or to charge a release fee. The act of placing a boot on my vehicle constituted a wrongful taking and a deceptive trade practice under S.C. Code §39-5-10 et seq. Demand is hereby made within fifteen (15) days for: (1) refund of $[AMOUNT]; (2) written confirmation that no derogatory report will be made; (3) confirmation booting will cease at this location absent statutory authority. Failure to comply will result in suit for actual damages trebled and attorney fees under S.C. Code §39-5-140 and for conversion. [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- SC Code §16-13-30
- SC Code §39-5-140
- Inman v. Imperial Chrysler-Plymouth, 303 S.C. 17 (1990)