Private Property Tow Without Statutory Notice and Conspicuous Signage
Code of Ala. §32-13-3 governs the towing of vehicles from private property. Before a vehicle may be towed at the property owner's request from private property without the owner's consent, the property must have conspicuously posted signage stating that vehicles are subject to tow, the name and telephone number of the towing company, the maximum charges, and the location to which the vehicle will be towed. The sign must be readable from any entrance and posted at every entrance. If signage is missing, undersized, illegible, or fails to identify the towing company, the tow is wrongful and the towing company is liable for damages plus the towing/storage charges.
Legal basis
Code of Ala. §32-13-3 (Removal of motor vehicles from private property); §32-13-4 (Notice to owner); §32-13-5 (Lien rights); §8-19-1 et seq. (Alabama Deceptive Trade Practices Act)
Sample appeal wording
TO: [TOWING_COMPANY_NAME] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED DEMAND FOR REFUND — WRONGFUL TOW UNDER CODE OF ALA. §32-13-3 Dear [Operator], On [DATE], my vehicle ([YEAR/MAKE/MODEL], plate [PLATE]) was towed from [ADDRESS] by your company. I paid $[AMOUNT] to retrieve it. The tow was unlawful under Code of Ala. §32-13-3, which requires conspicuous signage at every entrance to private property before non-consent towing is permitted. The signage must state: (a) vehicles are subject to tow; (b) the name and phone number of the towing company; (c) maximum charges; and (d) the location to which the vehicle will be towed. At the lot in question, [SELECT: there was no signage at any entrance / signs were significantly smaller than required / signs did not identify your company / signs did not list the storage location]. Photographs are enclosed. I demand a full refund of $[AMOUNT] within 14 days. Failure to refund will result in: 1. Small claims action under Code of Ala. §6-3-21 in [COUNTY] District Court; 2. A complaint to the Alabama Attorney General Consumer Affairs Section under the Alabama Deceptive Trade Practices Act, Code of Ala. §8-19-1 et seq., which authorizes treble damages and attorney's fees; 3. A complaint to the Alabama Public Service Commission. Respectfully, [NAME, ADDRESS, DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
Beat It writes this argument automatically
Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and submits it to the council on your behalf. Only pay if you win.
Scan my ticketSources
- Code of Alabama §32-13-3, §32-13-4, §32-13-5
- Alabama Deceptive Trade Practices Act, §8-19-1
- Alabama Attorney General Consumer Affairs guidance