towing defenseUnited States · Louisiana (Statewide)Difficulty: Medium
Statutory Drop Fee Refusal – La. R.S. §32:1736
Louisiana law (La. R.S. §32:1736) and PSC regulations require a tow truck operator to release a vehicle for a reduced 'drop fee' if the owner arrives BEFORE the truck has left the property with the vehicle hooked but not yet en route. NOLA tow operators frequently refuse this and collect a full tow charge. Refusal violates §32:1736 and constitutes an unfair trade practice under LUTPA.
Legal basis
La. R.S. §32:1736; LA Public Service Commission tow rate orders; La. R.S. §51:1401 (LUTPA)
Sample appeal wording
[TOWING_COMPANY] CC: Louisiana Public Service Commission, P.O. Box 91154, Baton Rouge LA 70821 Re: Tow on [DATE] at [LOCATION] – Refusal of Drop Fee DEMAND FOR REFUND – VIOLATION OF La. R.S. §32:1736 On [DATE] at [TIME], I arrived at [LOCATION] before your operator had departed the lot with my vehicle [PLATE]. I requested the statutory drop fee. The operator [NAME / TRUCK#] refused and demanded full tow payment of $[AMOUNT]. La. R.S. §32:1736 requires release for a drop fee in this circumstance. Refusal violates the statute and the Louisiana Public Service Commission's tow regulations. Refusal is also an unfair trade practice under La. R.S. §51:1401. I demand within 14 days: refund of $[FULL TOW – DROP FEE] = $[REFUND_DUE]. Failure will result in a formal complaint to the LA PSC and suit under LUTPA seeking treble damages and attorney's fees. [NAME] | [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- La. R.S. §32:1736
- Louisiana PSC tow regulations
- La. R.S. §51:1401