QLD Car Towed - Paid $770 to Get it Back

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Gobbledock

Member
8 May 2017
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My vehicle was towed from a business car park on Saturday morning around 10:30am. There was no clear signage, there were 4 car parks and I parked in the far left. Sign was on a side door on the far right of the car park. I had to be shown the little A4 sign by the business, when I asked them if they had seen someone steal my car.

Elite (towing company) charged me $770 to get my car back. They initially told me that there was a $550.00 tow fee and a $220 after hours fee and then changed the $220 to a storage fee when I collected by car. These fees have to be excessive for towing less than 1KM and holding the vehicle for 1.5 hrs?

I also had to sign a waiver saying they were not responsible for any damage to my vehicle. I'm more worried about the damage done to the undercarriage when the placed the vehicle on the truck. Do I have any legal recourse under traffic law?
 

Lance

Well-Known Member
31 October 2015
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123
2,394
Hi,

First of all I'm not sure what legal recourse you have, but I''m more concerned that they made you sign a waiver to have your car released. I honestly don't think that would hold up and there fees sound ridiculously high. Good luck pursuing it.
 

Gobbledock

Member
8 May 2017
2
0
1
They also refused to provide me with a copy of their terms and conditions although they referred to them on the sign.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
They also refused to provide me with a copy of their terms and conditions although they referred to them on the sign.
You should speak with a lawyer. It sounds like you might be able to do something if they forced you to sign to retrieve your car but refuse to let you see the T's&C's
 

PeanutLuver

Well-Known Member
28 February 2017
74
3
199
Hi

Apply to QCAT - try this thread on this website -

QLD - Car Towed - Paid to Get It Back

There's heaps of info in this thread.

In Qld you can apply to QCAT at present - this is described in this thread - look up "Jimmypatto" who describes how to go to Qcat and get an order for the tow operator to pay you back. It's a form of minor debt claim to QCAT.

Though a problem at present is that many of these tow operators will be hard to get your money back from. Once you win at Qcat there is a process to get money back by going onto the Mag Court to ask for enforcement to get a Sheriff to help get your refund. Many are facing this challenge now.

Hopefully there will be new Qld laws by end of 2017 for a bunch of these practices of dodgy and extreme fees for towing & storage of cars on private property.
 

PeanutLuver

Well-Known Member
28 February 2017
74
3
199
To help get your money back - include the centre management / land owner company in your minor debt claim to QCAT:-


It has been reported that you may stand a much better chance of getting your money back if you include (In your minor debt claim to Qcat) the company/business operator/centre management business/land owner controlling things at the private property you were towed from (as well as the Tow operator) - where the Tower Operator is acting on their behalf / at their request / "as their Agent".

So for example if it's a shopping centre - when you lodge a minor debt claim with Qcat you include both the Towing Operator and the shopping centre management / owner.

You need to check their business name - do paid business name / company name search - often it's a Pty Ltd company which will have one or more Directors - you name all the directors and companies of both the Tow business and Venue in your application to Qcat. If there's no company name (unusual) - still include the trading name and any persons listed in your paid business/company search.

It's being reported people stand a much better chance of getting money back from the venue/land owner once Qcat rules in your favour (instead of the Towers who will won't as they will likely completely ignore all communications and any Qcat decisions against them).