Wrongful Tow Under Ark. Code §27-50-1201 et seq.
Ark. Code §27-50-1201 through §27-50-1217 (the Arkansas Vehicle Towing Act) governs non-consent towing from private property. Before a tow may proceed, the property must have signs at every entrance bearing: (a) statement that vehicles are subject to tow; (b) name, address, and 24-hour phone of the towing company; (c) maximum charges; (d) the location to which the vehicle will be towed. The tow company must notify the owner within 24 hours by certified mail to the registration address. Violation of these requirements renders the tow wrongful, with refund and damages remedies.
Legal basis
Ark. Code §27-50-1201 through §27-50-1217 (Vehicle Towing Act); §4-88-101 et seq. (Arkansas Deceptive Trade Practices Act)
Sample appeal wording
TO: [TOWING_COMPANY] VIA CERTIFIED MAIL DEMAND FOR REFUND — WRONGFUL TOW UNDER ARK. CODE §27-50-1201 My vehicle was towed from [ADDRESS] on [DATE]. I paid $[AMOUNT]. The tow violated Ark. Code §27-50-1206 (signage requirements). At the lot entrance, [signage was absent / undersized / failed to identify your company / failed to list charges]. Photographs enclosed. I demand a full refund within 14 days. Failure will result in: 1. Suit in [COUNTY] District Court; 2. Complaint to Arkansas Towing & Recovery Board; 3. Complaint under the Arkansas Deceptive Trade Practices Act, Ark. Code §4-88-113, which authorizes treble damages and attorney's fees. [NAME, DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Arkansas Code §27-50-1201 through §27-50-1217
- Arkansas Deceptive Trade Practices Act, §4-88-101
- Arkansas Towing & Recovery Board