Results 1 to 3 of 3
  1. #1
    Join Date
    Sep 2011
    Posts
    1

    Question Towing Laws and Failing to Provide Required Notification

    My question involves towing laws for the State of: Kentucky

    My question is in regards to KRS 376.275 which can be found here:
    http://www.lrc.ky.gov/krs/376-00/275.pdf

    Car was at Wal-Marts parking lot.
    Wal-Mart towed because they were paving the lot.
    Wal-Mart could not provide accurate location.
    Contacted local towers.
    Found one place in Bowling Green, that had a car by a different color, different model, and was not sure the year.
    Visited in person.
    They still could not provide accurate information as to the specifics of the car.
    I could see the car from the office and could verify they had it, however they incorrectly documented it as "the car was locked and they could not gain access and they are not allowed to break in."
    I asked them when they notified me and they could not provide any written copy that they had.
    Even if they had, they would of provided me with incorrect information.
    This took place after KRS 376.275's said 10 day period in which they are required to notify or else they void all fees.
    I told them in person they had violated the law and were obligated to return the car without incurring of fees, so he asked me to sue him and leave the property.
    Is this worth taking to court or can a police officer provide enforcement of such law as its clearly written and in my opinion require interpretation?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,530

    Default Re: Towing Laws and Failing to Provide Required Notification

    the statute disallows charges beyond the initial 10 day requirement to provide notification. That means they can charge for the tow and the first 10 days storage.

    When the owner
    of the facility fails to provide notice as provided herein, the motor vehicle storage
    facility shall forfeit all storage fees accrued after ten (10) business days from the
    date of tow
    the police will likely not get involved in this situation. Your remedy would be to pay whatever fees they demand and sue them for what you believe was unlawfully charged. Anything else will result in continuation of the accrual of fees and possibly the sale of the vehicle while you wait to get into court.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Towing Laws and Failing to Provide Required Notification

    The statute is brief:
    Quote Quoting Kentucky Revised Statutes, Sec. 189.725. Removal of vehicles by owner of private parking lot -- Signs.
    (1) Any owner or attendant of a privately owned parking lot may have removed from the lot any unauthorized vehicle parked and any person engaged to remove such vehicle shall have a lien on the vehicle in accordance with KRS 376.275.

    (2) Every operator of a parking lot covered by the provisions of subsection (1) shall post signs stating thereon that the parking lot is privately owned and unauthorized vehicles will be towed away at the owner's expense.
    How long was the car left on the lot - from the time you parked to when it was towed, and from the time it was towed to the time you noticed it was gone?

    1. Sponsored Links
       

Similar Threads

  1. Towing: Notification After Towing from Private Property
    By LBaker in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 01-21-2011, 09:50 PM
  2. Discovery: Is a Defendant Required to Provide Discovery to the Prosecutor
    By jslabana in forum Moving Violations, Parking and Traffic Tickets
    Replies: 7
    Last Post: 02-22-2010, 05:35 PM
  3. Consequence Of Failing To Provide An Address In Violation Of Court Order
    By nt83 in forum Child Custody, Support and Visitation
    Replies: 18
    Last Post: 07-08-2007, 08:01 PM
  4. Expenses: Consequences Of Failing To Provide Medical Care Coverage
    By getwealthy in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 04-24-2007, 07:35 PM
  5. Divorce: Duty to Provide Notification of Court Dates
    By Finished in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 05-20-2006, 07:18 AM
 
 
Sponsored Links

Legal Help, Information and Resources