RCW 46.55.110 — Defective First-Class Mail Notice of Impound
Within 24 hours of impounding a vehicle, the registered tow truck operator MUST send first-class mail notice to the legal and registered owners containing: tow firm name/address/phone, location and time of impound, by whose authority the vehicle was impounded, the right of redemption, AND notice of the right to a hearing under RCW 46.55.120. Failure to mail timely notice, mail to the correct address (per DOL records), or include any of the mandatory contents voids the impound and entitles the owner to a refund of all fees + attorney's fees under RCW 46.55.120(3)(b).
Legal basis
RCW 46.55.110(1); RCW 46.55.120(3)(b)
Sample appeal wording
TO: [DISTRICT COURT] — Impound Hearing RE: Tow of [PLATE] on [DATE] I move for a finding of UNLAWFUL IMPOUND and refund of all fees under RCW 46.55.120(3)(b) on the ground that the registered tow truck operator failed to comply with RCW 46.55.110(1). SPECIFICALLY: ☐ No first-class mail notice was sent within 24 hours of impound (operator's records produce nothing dated within that window). ☐ Notice was sent to [WRONG ADDRESS], not the DOL-registered owner address of [CORRECT ADDRESS]. ☐ The notice omits [SELECT: tow firm address / time of impound / authority for impound / statement of right of redemption / statement of right to hearing under RCW 46.55.120]. The statute is mandatory ('shall'). Non-compliance voids the impound. I request refund of all towing, storage, and administrative fees, plus an order assessing those costs against the tow operator under RCW 46.55.120(3)(b). [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- RCW 46.55.110 — https://app.leg.wa.gov/rcw/default.aspx?cite=46.55.110
- RCW 46.55.120 — https://app.leg.wa.gov/rcw/default.aspx?cite=46.55.120