Wrongful Tow — No Statutory Notice or Conspicuous Signage
Mississippi Code §63-21-79 and §85-7-251 govern non-consent tows from private property. A property owner authorizing a tow must have conspicuously posted signs at every entrance stating: vehicles are subject to tow at owner's expense, the towing company name and 24-hour phone number, and the storage location. The tow company must notify the owner within 24 hours by certified mail or a manual delivery to the address on the registration. Failure to comply renders the tow wrongful; the owner may recover towing/storage charges plus damages.
Legal basis
Mississippi Code §63-21-79 (abandoned/unauthorized vehicles); §85-7-251 (tow lien); §75-24-1 et seq. (Mississippi Consumer Protection Act)
Sample appeal wording
TO: [TOWING_COMPANY] VIA CERTIFIED MAIL DEMAND FOR REFUND — WRONGFUL TOW UNDER MISS. CODE §63-21-79 On [DATE], my vehicle was towed from [ADDRESS]. I paid $[AMOUNT]. The tow was unlawful. Mississippi Code §63-21-79 and §85-7-251 require posted signage at every entrance bearing your company name, 24-hour phone, and storage location. At the lot, [no signage / signage was non-conforming]. Photographs enclosed. Demand: full refund within 14 days. Failure will result in: 1. Suit in [COUNTY] Justice Court; 2. Complaint to Mississippi AG Consumer Protection Division under Miss. Code §75-24-9, which authorizes treble damages and attorney's fees; 3. Complaint to Mississippi Public Service Commission. [NAME, DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Mississippi Code §63-21-79
- Mississippi Code §85-7-251
- Mississippi Consumer Protection Act §75-24-1