Private Property Tow - Notice and Authorization Defects (K.S.A. §8-1102, §8-1103)
Kansas private property towing is governed by K.S.A. §8-1102 (abandoned vehicles) and §8-1103 (lien). For a non-consensual tow from private property to be lawful: (1) The lot must be conspicuously posted with signage stating tow company name, address, phone, and 24-hour reclaim phone (K.S.A. §8-1102(c)); (2) Signage must be at every vehicular entrance; (3) Tow company must notify owner within 3 days of tow; (4) Lien attaches only after notice. Cities of Wichita, Lawrence, and Topeka have additional ordinances requiring written authorization signed by property owner before non-consensual tow. Failure of any element makes tow unlawful and creates KCPA claim.
Legal basis
K.S.A. §8-1102 (abandoned vehicles); K.S.A. §8-1103 (towing liens); K.S.A. §50-623 et seq. (Kansas Consumer Protection Act); local ordinances
Sample appeal wording
TO: [Tow Company] CC: Kansas Attorney General Consumer Protection Division, 120 SW 10th Avenue, Topeka, KS 66612 CC: [City] Licensing Division RE: Wrongful Private Property Tow Dear Operator, My vehicle, plate [PLATE], was towed by your company from [ADDRESS] on [DATE]. I demand a full refund of $[AMOUNT] on the grounds that the tow violated K.S.A. §8-1102 and §8-1103. Specifically: 1. The property at [ADDRESS] FAILS to display the required signage at every vehicular entrance under K.S.A. §8-1102(c). Specifically: [signs missing / incomplete / lacking 24-hour reclaim phone / not at all entrances]. 2. I received NO notice within three days of the tow as required under K.S.A. §8-1103. 3. Upon request, your company refused to produce written tow authorization from the property owner. Under K.S.A. §50-623 (Kansas Consumer Protection Act), this is a deceptive practice entitling me to actual damages, civil penalties, and attorney's fees. If refund of $[AMOUNT] is not received within fourteen (14) days, I will pursue all remedies including suit for conversion, KCPA violation, and complaint with the Kansas Attorney General. Attached: photographs of non-compliant signage; tow receipt; storage invoice. Sincerely, [NAME] [ADDRESS] [PHONE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- K.S.A. §8-1102
- K.S.A. §8-1103
- K.S.A. §50-623 et seq.
- Wichita Municipal Code Chapter 11