QLD Car Towed - Paid to Get It Back

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Disgraceful act

Active Member
26 January 2016
5
0
31
Hi,

Did you ever get a response from the towing company? Our daughter's car was towed last night, $660 to retrieve it and this morning we too have found damage on the car. My husband called up and the owner. D told him to go on Facebook to find his email address. He wouldn't give it to him over the phone. When we checked, there does not appear to be a Facebook page in the company's name. We are furious. These business practices are disgraceful.
I share your anger. The towing company's abn has expired and I believe he won't be paying the gst.
 

myra

Member
26 January 2016
4
0
1
I haven't spoke to the owner yet as I'm getting all the quotes together.

I believe it's the body corp or the owner of the property responsibility as they ordered the car to be moved at a financial gain.It's another revenue source for the property owner so they have to take responsibility for the damage. Where did you get your car towed from?

The car was parked in a car park on Kelvin Grove Road at the side of a church, my daughter did not see the signs. My husband has spoken to trading standards today and they were really helpful. They suggested we try to reach a solution with the towing company and, if that failed, to contact trading standards back and they would take it up with them, so we are hopeful that our daughter's car will be repaired at no cost to her. That will be something, at least
 

Disgraceful act

Active Member
26 January 2016
5
0
31
Just another interesting fact for everybody on this forum. Cactus towing's ABN expired last year and hasn't been renewed.
The car was parked in a car park on kelvin grove road at the side of a church, my daughter did not see the signs. My husband has spoken to trading standards today and they were really helpful, they suggested we try to reach a solution with the towing company and if that failed to contact trading standards back and they would take it up with them, so we are hopeful that our daughters car will be repaired at no cost to her, that will be something at least!!!!!
Good suggestion. Did you end up getting an email from Cactus?
 

sponny

Member
30 January 2016
1
0
1
...I think that the charges imposed constitute an unlawful contractual penalty under the penalties doctrine.

I think Hayden has hit the nail on the head here.

I suggest you have a look at Vico v Care Park Pty Ltd (a Victorian Civil and Administrative Tribunal decision). Whilst the facts are slightly different, the law is summarised very well.

Look away from disputing the facts, and move on the disputing the law and the facts.

Maybe there will be some news out of Queensland's tribunal very shortly ;)
 

bob289

Active Member
11 January 2016
6
2
31
Hi,

Did you ever get a response from the towing company? Our daughter's car was towed last night, $660 to retrieve it and this morning we too have found damage on the car. My husband called up and the owner. D told him to go on Facebook to find his email address. He wouldn't give it to him over the phone. When we checked, there does not appear to be a Facebook page in the company's name. We are furious. These business practices are disgraceful.

Hi Myeara,

No, I did not receive a response and the letter was professionally written and made reference to the intimidation & threats made to myself and my female friend after the owner had looked both of us up on Facebook prior to us arriving to pick up the car. They have only recently removed their Facebook page and, funnily enough, one of the photos displayed was of their truck sitting at the exact spot I was towed from. All of us need to approach the complaint process at the same time. I have a contact in the media that may also be helpful in exposing these disgraceful people.
 

JohnMerivale

Active Member
6 February 2016
7
3
34
Hi, everyone.

Detailing this correspondence between ourselves we need to be of the utmost carefulness that we don't prejudice any actions that can be taken or open anyone to potential defamation lawsuits. As someone who has personally dealt with the owner of Cactus Towing, I am well aware of the business practises that they have deployed which will be the subject of a number of applications I am making before the courts and hence it is not wise to comment on such matters within a public forum.

As this is a public forum I am at odds to discuss the full extent of the business practises that I have been made aware of, however, I can personally assure you that such practises have a clear and actionable cause and nothing would bring me a greater degree of joy then to, at my own cost and time, seek to stand up for people that have been unfairly dealt with. At the very least, I will be seeking that the towing fees incurred by parties (where the court deem they are an unreasonable penalty) are refunded.

Please remember that we must maintain the highest morale standard when dealing with these allegations with the golden rule "if my actions were to make the front page of the newspaper would I be ashamed" a great litmus test. I can personally assure each and every one of you that I will get a win on this one and would be more than pleased to help other people that have been affected by the alleged conduct.

Thanks
 
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Rod

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When are the court dates?
 

Rex in Aust

Member
7 February 2016
2
0
1
The above got moderated - not sure why - I am not personally identifying any business. The point I was trying to make is that I am a solicitor and was personally impacted by a business that sounds like the same as that mentioned by others above.

I'd like to jointly take action with others affected. So I can give more information, please reply direct below

Hi Hayden, the same thing happened to me. I parked in a poorly lit car park (in the rain) in West End, and my car got towed to the inner northside late Saturday night. I called 8am next morning as told and told the guy I had to work and needed car ASAP. Guy said earliest could be 9:30am which was too late for me as I'd be late for work so I had to pick my car up after my shift at 6pm. I complained to the guy that he was happy to work late after hours to take cars but unwilling to meet me to collect my car before 9:30am.

Basically Hayden, if you want to take action in the legal arena and I can help, let me know.
 
Last edited by a moderator:

Rex in Aust

Member
7 February 2016
2
0
1
Hi, everyone.

Detailing this correspondence between ourselves we need to be of the utmost carefulness that we don't prejudice any actions that can be taken or open anyone to potential defamation lawsuits. As someone who has personally dealt with the owner of Cactus Towing, I am well aware of the business practises that they have deployed which will be the subject of a number of applications I am making before the courts and hence it is not wise to comment on such matters within a public forum.

As this is a public forum I am at odds to discuss the full extent of the business practises that I have been made aware of, however, I can personally assure you that such practises have a clear and actionable cause and nothing would bring me a greater degree of joy then to, at my own cost and time, seek to stand up for people that have been unfairly dealt with. At the very least, I will be seeking that the towing fees incurred by parties (where the court deem they are an unreasonable penalty) are refunded.

Please remember that we must maintain the highest morale standard when dealing with these allegations with the golden rule "if my actions were to make the front page of the newspaper would I be ashamed" a great litmus test. I can personally assure each and every one of you that I will get a win on this one and would be more than pleased to help other people that have been affected by the alleged conduct.

Thanks
Hi John, I just got towed last night so if you want me on board, I'm more than happy to assist.