QLD Car Towed - Paid to Get It Back

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applettt

Active Member
13 December 2016
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Hey mate, I never received your message? I'll give you all the details.

Basically you will need to serve an Application for minor civil dispute with your local Magistrate ($30). Because these dogs operate outside of the law they refuse to acknowledge emails and posted letters so you will either need to serve in person (Turn up at the door, with a person to video the encounter) or fill out a form for substituted service.

Basically this eliminates the need to attempt to serve these bastards yourself. As they operate without a business address, this application will be approved instantly. The Adjudicator then files the notice as served and makes a decision based on the facts. once the decision has been made the lowlife scum have 28 days to rectify or the matter is then chased by the court. Be sure to include the interest when calculating the amount owed to you as no doubt they have left you financially hindered.

You will also be eligible for reimbursement of any costs incurred, ie. taxi fares etc. If it goes to court I suggest getting your car checked over by a mechanic for damages caused from the tow- If your car was an automatic left in park no doubt your transmission was compromised.

Also go see a doctor and state that the stress of the ordeal has caused mental anguish (I'm sure it has) and get him to write a letter to provide to the magistrate. You will then be eligible for compensation. it may take a while but you WILL win. I encourage everybody to do this. And report the the Office of Fair Trading ASAP! It's the only way these scumbags will learn.

Also Jimmypatto, if you don't mind I will print out your messages and try to present them as part of evidence. Keep in touch, thanks heaps
 
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20 December 2016
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Could you please give some help? We too had our car towed on Sunday evening by Cactus Towing and were made to pay $660.

My husband parked for no more than 10 mins, returned to car as it was being loaded onto the truck. Disabled parking permit on display and the tow truck driver didn't care. We want to dispute this but not sure how? Can you please assist us?

Thank you
 

B Roebuck

Active Member
9 December 2016
8
0
31
Could you please give some advice? We too had our car towed on Sunday evening by Cactus Towing and were made to pay $660. My husband parked for no more than 10 mins, returned to car as it was being loaded onto the truck. Disabled parking permit on display and tow truck driver didn't care. We want to dispute this but not sure how? Can you please assist us? Thank you
These people are absolute low life mindless pigs - they really don't care about anyone only making money. I can only suggest you follow the advise given by Jimmypatto above.

I need to do that but I am a pensioner and really don't have any money, these people capitalise on the fact that it costs money to fight and don't care. I will try to follow the suggestion too.

A class action against them would be grand, if someone knowledgeable could get this all happening, I will be right there behind them.
 

illy2000

Active Member
29 November 2016
8
4
34
Could you please give some help? We too had our car towed on Sunday evening by Cactus Towing and were made to pay $660.

My husband parked for no more than 10 mins, returned to car as it was being loaded onto the truck. Disabled parking permit on display and the tow truck driver didn't care. We want to dispute this but not sure how? Can you please assist us?

Thank you
I think media would love to hear about this one - try contacting [email protected]. I'd also let them know about this page and that a class action is being looked into. Happy to lend a hand with this.
 

illy2000

Active Member
29 November 2016
8
4
34
Hi all,

Just an update - I've just lodged a QCAT claim against Cactus. Currently looking into ways to serve them so I don't have to hand deliver the notice myself. If anyone has any solutions on this, I'd love to hear about it. I really don't feel safe going back there again.

My lawyer suggested the best way to get these guys to stop if for everyone to make QCAT claims against them.
 
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Rod

Lawyer
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Use a process server.
 

Salix

Member
23 December 2016
1
0
1
My sister's car was stolen and held for ransom today by tow truck company in Brisbane with no real explanation as to why it was taken. She was legally parked in a 2 hour parking zone at a 7/11, for well under 2 hours. No signage other than that it was a 2 hour parking zone. She returned to car missing and was about to call police when she saw a tow truck was there loading a nearby car she went over to ask if they'd seen what happened to her car and they said they'd taken it.

They charged her a min 'fee' of $450 (they said if she didn't pay that, then it would get more expensive) to get it back. It seems they were lurking nearby watching her until she was out of sight of the vehicle before quickly pouncing and having it gone before her return. Their explanation was she shouldn't have left her vehicle!

She is terribly upset after the intimidating and unjust experience of basically being robbed. This thread is really all I can find but still not sure what to do. I think she should report it to police as there was no legal reason for them to have touched her car let alone charge hundreds of dollars?
 

Ra02

Active Member
30 December 2016
12
3
34
Hi all,

My car also got towed from Brunswick central 2 weeks ago. I think it's ridiculous that there's some guy hanging around to watch you cross the road to tow your car. In this instance, we did walk across to have a look at the other restaurants on the other side of Martin st, (which the complex is also called Brunswick central).

Before we walked across, the only thing I could really see in the dark was this big 2 HRS Max sign for parking. We knew we weren't going to be that long. We ended up eating at Toro Bravo. Anyways, when we got back 1 hour later, the car was gone. Had to catch a cab to Breaky Creak Road to collect it. Collection cost was $450.

Date night ruined!

I'm pretty sure this is illegal. But I'm not sure if we should be going after the towing company or the security company that calls them. Brunswick central complex would have some sort of a Body Corporate management company who would have 'by-laws' relating to visitor parking. If we knew the name of this management company or their CTS, then we should be able to serve them with QCAT directly, seeing as they are the ones who have the security company hired for this towing to occur. We might have to do a title search to find the Body Corp who manages the complex..

What are everyone's thought's on this? Does anybody know if what I'm saying is correct? Would be awesome if we could also get the by-laws. I'm almost certain no by-laws out there have this tow if walk away from complex rule in them.

If this body corp follows the BCCM act, then they would actually need to go through the magistrates court to physically remove a car from there. These terms and conditions are just made up... we just need to call them out.
 
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