No WV Statute Authorizes Private Booting
WV statutes do not authorize private parking operators to immobilize vehicles or to charge a release fee. Operators in Charleston, Huntington, and Morgantown that boot vehicles for unpaid private parking notices act outside any legal authority. Booting is conversion under WV common law and triggers WV CCPA penalties for unfair and unconscionable practices. Demand letter under §46A-2-128 typically yields refund without litigation.
Legal basis
Absence of authorizing statute; WV common law conversion; WV Code §46A-2-128 (unconscionable practices); WV Code §46A-5-101, §46A-5-104 (penalties)
Sample appeal wording
TO: [Booting Operator] VIA CERTIFIED MAIL RE: Refund Demand — Unlawful Vehicle Immobilization, [DATE], [LOCATION] On [DATE] you immobilized my vehicle and required $[AMOUNT] for release, paid under protest. No statute of West Virginia authorizes private booting or release fees. The act constitutes conversion under WV common law and an unconscionable practice under W. Va. Code §46A-2-128. Demand is made within 15 days for refund of $[AMOUNT] and written confirmation. Failure to comply will result in suit under the WV CCPA, W. Va. Code §46A-5-101 et seq., for actual damages, statutory damages per violation, and attorney fees, plus tort damages for conversion. [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- WV Code §46A-2-128
- WV Code §46A-5-101, §46A-5-104
- WV common law conversion