RCW 46.55.300 — Vehicle Booting/Immobilization on Private Property is a Gross Misdemeanor
Washington has a rare absolute statutory ban on private-property booting. Under RCW 46.55.300, a property owner SHALL NOT immobilize any vehicle owned by a person other than the property owner, except on property owned by the state or a unit of local government. Violation is a GROSS MISDEMEANOR (up to 364 days jail / $5,000 fine under RCW 9A.20.021). This means parking-management companies, apartment complexes, retail centers, etc. CANNOT lawfully boot you anywhere in WA. If you've been booted on private property, refuse to pay; document; report to police as a crime; and pursue Consumer Protection Act treble damages.
Legal basis
RCW 46.55.300; RCW 9A.20.021 (gross misdemeanor penalties); RCW 19.86 (CPA)
Sample appeal wording
TO: [BOOT COMPANY NAME], [ADDRESS] CC: Washington State Attorney General Consumer Protection Division (atg.wa.gov) CC: [LOCAL POLICE DEPT] RE: DEMAND FOR REFUND — Unlawful Vehicle Immobilization, [DATE], [LOT ADDRESS] This is a formal demand for refund of $[AMOUNT] paid under protest on [DATE] to remove a vehicle immobilization device (boot) from my vehicle [PLATE] at [LOT ADDRESS]. Under RCW 46.55.300: '(1) A property owner shall not immobilize any vehicle owned by a person other than the property owner. (3) A violation of this section is a gross misdemeanor.' The lot in question is private property and is not owned by the state or any unit of local government. The immobilization was therefore a CRIMINAL act under Washington law, and the demand for payment to remove the boot constitutes an unfair and deceptive act under the Washington Consumer Protection Act (RCW 19.86.020). I demand: 1. Full refund of $[AMOUNT] within 14 days; 2. Written confirmation that the practice will cease at this location. Failure to refund will result in (a) a Consumer Protection Act lawsuit seeking treble damages up to $25,000 plus attorney's fees under RCW 19.86.090, and (b) referral to local prosecutors for criminal charges under RCW 46.55.300(3). [NAME] / [ADDRESS] / [PHONE] / [DATE] Enclosures: photographs, payment receipt
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- RCW 46.55.300 — https://app.leg.wa.gov/rcw/default.aspx?cite=46.55.300
- RCW 9A.20.021
- Washington AG Consumer Protection — https://www.atg.wa.gov/file-complaint