Washington CPA (RCW 19.86) Per-Se Claim vs. Predatory Private Parking Operators
Washington's Consumer Protection Act (RCW 19.86.020 — unfair or deceptive acts in trade or commerce) is one of the most pro-consumer in the country and is routinely used by Washington courts to strike down abusive private parking enforcement (e.g., AmpcoSafetow, ParkOne, Republic Parking, Diamond, Standard, U-Park, Imperial). Per-se CPA violations include: (i) demanding fees in excess of statutory caps; (ii) threatening criminal/credit consequences for unpaid 'invoices' that are not court-issued tickets; (iii) towing without RCW 46.55.070 compliant signs; (iv) booting in violation of RCW 46.55.300; (v) issuing 'tickets' that mimic government citations; (vi) reporting unpaid invoices to credit bureaus. Successful CPA claims yield treble damages up to $25,000 + attorney's fees + injunctive relief.
Legal basis
RCW 19.86.020; RCW 19.86.090; RCW 19.86.093; Hangman Ridge Training Stables v. Safeco Title (105 Wn.2d 778) — five-element test
Sample appeal wording
[OPERATOR NAME], [ADDRESS] VIA CERTIFIED MAIL CC: Washington State AG Consumer Protection Division RE: CPA Demand — Notice ID [#] This is a demand under the Washington Consumer Protection Act (RCW 19.86) to (1) cancel the above 'invoice' / 'parking notice' for $[AMOUNT] issued to my vehicle [PLATE] at [LOT ADDRESS] on [DATE], and (2) confirm in writing that no collection or credit-bureau action will be taken. GROUNDS: 1. Unfair/Deceptive Practice — The notice [is designed to mimic a government parking citation / threatens credit reporting / demands payment in excess of any contractual liability disclosed by signage / etc.]. Each is a per-se unfair and deceptive act under RCW 19.86.020. 2. Public Interest — Mass-issued private 'tickets' on [#] vehicles per day affect the general public. 3. Damages & Causation — Tow / boot / fee paid: $[#]. 4. Injunctive Relief — Continued issuance of these notices warrants injunction. Under Hangman Ridge Training Stables v. Safeco Title, 105 Wn.2d 778 (1986), each element is met. Failure to confirm cancellation in writing within TEN (10) days will result in an action under RCW 19.86.090 seeking treble damages up to $25,000 plus attorney's fees and injunctive relief. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- RCW 19.86 — https://app.leg.wa.gov/rcw/default.aspx?cite=19.86
- Hangman Ridge Training Stables v. Safeco Title, 105 Wn.2d 778 (1986)
- WA AG Consumer Protection Division