WV §17A-10-1 Abandoned Vehicle Misclassification & PSC Tariff
WV Code §17A-10-1 et seq. governs removal and disposition of abandoned vehicles. Many private tows in West Virginia (Charleston, Huntington, Morgantown) are mischaracterized as 'abandoned' when the vehicle was lawfully parked or when the statutory waiting period was not observed. Tow companies that fail to (a) post compliant signs, (b) provide statutory notice to the registered owner, or (c) comply with PSC tow tariff caps engage in conversion. The Public Service Commission tow tariff (WV PSC General Order 215) caps non-consensual tow charges; charges over the tariff are recoverable.
Legal basis
WV Code §17A-10-1 et seq.; WV PSC General Order 215 (tow tariff); WV Code §46A-6-101 et seq. (consumer protection)
Sample appeal wording
TO: [Towing Company] VIA CERTIFIED MAIL RE: Refund Demand for Tow of [PLATE], [DATE], [LOCATION] My vehicle was towed and I was charged $[AMOUNT]. The tow violated W. Va. law in the following respect(s): [CHOOSE] ☐ The lot lacked compliant signage at every entrance. ☐ I was not given the notice required for abandoned-vehicle disposition under W. Va. Code §17A-10-3. ☐ Charges exceed the WV PSC General Order 215 tow tariff for [class of tow]: posted tariff $[X], charged $[Y]. Demand is hereby made within 15 days for refund of $[AMOUNT] (or excess of $[AMOUNT - tariff]) and written confirmation no further charges will be asserted. Failure will result in suit under the WV Consumer Credit and Protection Act, W. Va. Code §46A-6-101 et seq., for actual damages, statutory penalties, and attorney fees, and for conversion. [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- WV Code §17A-10-1 et seq.
- WV PSC General Order 215
- WV Code §46A-6-101 et seq.