RCW 46.55.070 — Missing or Defective 24-Hour Notice Signage on Private Lots
Washington has one of the strongest pro-driver private-tow statutes in the country. Under RCW 46.55.070(1) NO vehicle may be impounded, towed or otherwise disturbed from non-residential private property or a public parking facility for less than 24 hours UNLESS a sign is posted near each entrance AND on the property in a clearly conspicuous and visible location to all who park, that clearly indicates (a) the times a vehicle may be impounded as unauthorized AND (b) the name, telephone number, and address of the towing firm. WAC 308-330-462 sets sign size, lettering, placement and number. If the lot you were towed from has missing signs, signs without a tow-firm address, signs only at one entrance, signs blocked by foliage, or signs not 'conspicuous' to all parkers, the impound is unlawful and you can recover towing/storage fees plus damages under RCW 46.55.105 / chapter 19.86 (CPA).
Legal basis
RCW 46.55.070; RCW 46.55.105; WAC 308-330-462; RCW 19.86 (Consumer Protection Act treble damages)
Sample appeal wording
TO: [DISTRICT/MUNICIPAL COURT] — Impound Hearing RE: Tow of Vehicle [PLATE] from [LOT ADDRESS] on [DATE/TIME] Tow Operator: [TOW COMPANY] Pursuant to RCW 46.55.120(2)(a) I request a hearing to contest the validity of the impound, and I move for an order finding the impound UNLAWFUL and requiring the tow operator and property owner to pay all towing, storage and impound fees pursuant to RCW 46.55.120(3)(b). GROUNDS: 1. RCW 46.55.070(1) prohibits impound of an unauthorized vehicle from non-residential private property unless signs are posted near each entrance and on the property, clearly conspicuous and visible to all who park, indicating the impound times AND the name, telephone number, and address of the towing firm. 2. As shown by photographs taken on [DATE], the lot at [ADDRESS] failed to comply because: [SELECT ALL THAT APPLY — 'no sign at the [DIRECTION] entrance'; 'sign omits tow firm address as required by WAC 308-330-462'; 'sign is obscured by foliage / mounted above conspicuous viewing height'; 'sign omits time-of-impound notice'; 'lot lacks any sign visible from inside a parked vehicle']. 3. WAC 308-330-462 sets minimum sign size of 18" x 24" with letters at least 1" tall for the operative wording and requires conspicuous posting at every entrance. 4. Under RCW 46.55.120(3)(b), if the impound is found invalid, the tow operator and the entity authorizing the impound are jointly and severally liable for the costs of removal, towing, storage, and any damages. 5. I further reserve the right to bring a Consumer Protection Act claim under RCW 19.86.090 for treble damages and attorney's fees, as private impounds in violation of RCW 46.55 have been recognized as per-se CPA violations (see Sanchez v. Tow Service cases litigated in King County District Court). Respectfully, [NAME] / [ADDRESS] / [PHONE] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- RCW 46.55.070 — https://app.leg.wa.gov/rcw/default.aspx?cite=46.55.070
- RCW 46.55.120 — https://app.leg.wa.gov/rcw/default.aspx?cite=46.55.120
- WAC 308-330-462
- RCW 19.86.090 (CPA)