towing defenseUnited States · Florida (Statewide)Difficulty: Easy
Trespass Tow — Owner Returned to Vehicle Before Hookup
F.S. §715.07(2)(a)1 requires the tow company to release a vehicle for a half-priced 'drop fee' if the owner returns to the vehicle before it has been removed from the property, and to release at no charge if hookup has not yet begun. Charging the full tow when the owner appeared in time is unlawful.
Legal basis
Florida Statute §715.07(2)(a)1
Sample appeal wording
TO: [TOW COMPANY], cc: [SHERIFF TOWING REGULATION] Under §715.07(2)(a)1, Fla. Stat., a tow operator must release the vehicle to the owner for one-half the customary tow fee if the owner returns before the vehicle is removed from the premises. On [DATE] at [TIME] I returned to my vehicle at [LOCATION] before your driver had completed removal — confirmed by [WITNESS / VIDEO]. You nevertheless charged the full tow fee of $[AMOUNT]. I demand refund of the overcharge ($[AMOUNT]) within 14 days. Continued retention will trigger suit and statutory attorney's fees under §715.07(4). [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Florida Statute §715.07
- Lawayala — Three Things You Must Know if Your Car Was Towed Illegally