QLD Car Towed - Paid to Get It Back

[Wizard]

My car was towed from back of 421 Brunswick St Fortitude Valley Sunday night - $463 to retrieve it from Brisbane Parking Technologies. I take umbrage with the charges - it's extortionate and needs to be regulated. Will support action and reform against this industry.

 

[madi21]

Hi All,

I faced the same sort of situation on Friday night the 15th April 2016. My car was towed away from Loganlea station. I catch the train to the city everyday. There is an empty block of land where everyone has been parking there car for last six months. I am no talking about 2 or 3 cars. It's like 30 or 40 cars at least.

I parked my car there at 9 am in the morning and when I got back around 7.30 pm I could not find my car. Thought it was stolen. Spoke to a few people around and they said a number of cars were towed away today. I asked them what company it was and they mentioned that they put a sign up on Thursday. So I started looking for the sign.

Finally, I found it just alongside the long grass very poorly visible. You can hardly notice that sign there. I asked them why they did not give any warning to all the people before they started towing away. He mentioned they did not have to give any warning. It is the same as mentioned before, 115 Breakfast Creek Road.

Charges were $660. They said if I don't get there by 10pm, they will charge me another another 110 on top of it. So I had to go back to Newstead to pick my car up. I have taken all the pics of the location and the sign. They mentioned that there is a contract between the owner and them to tow these cars away.

Then I said, "who should I dispute against the company or the owner?" Then they gave me an email address to send any issues. I felt hopeless and with no options left besides paying them and getting my car back.

I am more than happy to join the fight. If anyone needs any information, I'm more than happy to help.

This happened to me today by this company and I am furious, have been seeing cars parking here for months and didn't see a sign when I drove in, only to come back at 7pm to find my car missing. As a19-year-oldd girl returning from uni, especially to Loganlea (you would know the area), I was scared and had no idea what was going on.

A lady who was also on the phone informed me that they had been towing cars, and to call this number on the sign way over on a fence covered by grass. I did not see this sign at all when i drove into the lot and had any idea it was a tow away zone or I wouldn't have parked there. I wasn't just taking the risk and ignoring the sign. My mum is furious and abused them (oops).

The company is so unprofessional and couldn't even give a name of the owner even though there was "certificates" on the wall behind and could only "pronounce" his surname. Wannabe police officers security obviously didn't have the brains to make it into the force so have to dress like one and scam people. The building had no signage on the door to state the company and the entire inside was blank and dodgy. I would love to know any outcome of taking this further, as $660 is a lot for a uni student with a casual job.

Not to mention the terrible parking at this train station. I sometimes have to park over 1km away and return to my car late at night when I have returned from uni (sometimes 8-9pm) and being a young girl in Loganlea this is definitely not safe. !

 

[Willie]

My car was towed today by Cactus Towing from the car park on the corner of McLachlan and Winn Street Fortitude valley. It's Sunday and all the shops in the strip are closed and yes there is a few very faded signs on the ground that say"no Parking 24hours" but nothing stating that this is a seven day a week rule. Of course, the sign that mentions all of this information along with a tone of other dubious rules is around the corner behind and well out of view.

The most interesting this I have learned is a rumor (for now) that the property on the corner of Winn and McLachlan street is leased by yours truly Cactus Towing? This just can't be right? I have and will continue to speak to neighbouring businesses and hopefully the property owner to find out if they do in fact have a lease on this property?

There is also plenty wrong with the fee amount and the way in which I was bullied into signing the release form. I asked what terms the fee was based on, the reply being that the guy just laughed at me and said we don't do a payment plan and if you don't pay it we will impose a $66.00 day increase in you cost. Remember it is not a fine but a cost! It is not right that we did not have immediate access to our vehicles.

This is because if we did, they would have no grounds to stop us from leaving their premises. So by denying us access to our property they could then bully us into paying the $660.00. This sounds illegal to me. There are now ten pages of complaints on this website not to mention the hundreds more who are not on here which to me says there is something seriously wrong with the loophole that these guys are operating by. Everyone must contact the federal member for Brisbane City Hon Teresa Gambar and tell her your story.

I am proposing that we all meet up in two weeks Sunday15th of May to get together and discuss ways in which together we can try to take on this mob. Maybe somewhere like New farm park? Please let me know who is up for this and in the meantime, I will try and find some legal representation regarding this matter. I will keep you posted on this site as to how my inquiries are progressing.

Hi Paul, just been through the pleasurable experience this week with Cactus and wondered if you have met up yet with other unhappy Cactus customers? Have a few names and contact numbers re the tow company and property owners that may be of interest to others in the same boat.

Cheers

 

[Willie]

Firstly: I didn't get towed by cactus, mine was a different company so there must be a few operating that all sound as dodgy as each other.

Secondly: Doing some research into it this is what I found. Body corperates are allowed to introduce and enforce by-laws in order to regulate common areas such as parking. If a third party parks on common ground (third party meaning a person who has no involvement or participation in the business or residence the parking is for) they are allowed to employ a contracted company to remove the vehicle as long as there is a sign postage adequately displayed warning to do so. However! And this is the thing I didn't realise until after I paid to get my car back, they have no legal power to enforce 'fines' on you for breaching this.

The towing 'cost' is due to the cost involved to the contractor to remove the vehicle (which is definitely not $660) but legally they are only allowed to move the car to an area that is able to be easily reached by the occupier to retrieve. By imposing a 'fine' that you must pay before releasing the car is actually a breach of the contract and illegal. If the cost of towing is not invoiced and paid in the future it is the contractors responsibility to undergo the process of employing a debt collector to then seek and rectify the balance.

So they are violating the towing regulations for the maximum charge for tows less than 50km and are legally in breach of body corporate by-laws that give them the right to tow in the first place by not releasing your car until you pay the money.

I personally think this is the dodgiest thing going around and is completely unethical and ripping people off and should be stopped.

Cactus is also tied up with Allkind and Dakabo towing. Watch channel 9 tomorrow night - a current affair is doing an item on dodgy towing companies.

 

[Jos]

Last Sunday Cactus Towing was $660 richer and I'm another victim, I parked my car on the corner of McLachlan and Winn Street Fortitude valley (in a car park). I assumed because it was none business hours, and all the shops were closed (and the current shop behind me was vacant) I would be fine. I arrived at 7:31pm to run up to Beach Burrito to get take away (why I know the time so precise because I sent a message when I parked) to return to no vehicle at 7:38.

Last Wednesday when I drove past the parking space, the towing company were there spray painting the ground!

Can anyone recommend if I can take this further and to who?

Thanks

 

[muz28]

Found this interesting case from the Disputes Tribunal from NZ in 2012, whether it is applicable in Australia in unknown, however, some important points are made.

http://www.justice.govt.nz/tribunal...-nzdt-32-aae-v-zzv-referee-edison-18-may-2012

Abbreviated points - Tort / Towing of vehicle / Applicant parked at a plaza and had dinner there / parking only for customers / remained parked after the plaza closed / returned to car and it had been towed by the Respondent (a towing company) / no signage at entrance and no sign in front or behind the row of parking spaces in which the Applicant parked / Applicant seeks refund of release fee / law of trespass to goods / clamping a person’s car is an act of trespass to that person’s property unless it can be shown that the owner has consented to, or willingly assumed, the risk of the car being clamped / same logic applies to towing / distress damage feasant only applies where a person or object trespasses onto land and causes damage / held that the Respondent committed a trespass against goods when it towed the Applicant / notices were insufficient for purposes of warning the Applicant he may be towed / Respondent not entitled to rely on distress damage feasant as there was no damage / Respondent ordered to refund the Applicant $250.00

 

[muz28]

Looking at some old Damage Feasant cases, the taking of cattle and horses in the presence of the keeper would breach of the peace, or likely to provoke a breach of the peace. Looking at Jamieson's Tow & Salvage Ltd v Murray (NZ) (1983) his honour reached this conclusion about the limitations on the exercise of the archaic remedy.

This so called "Release on-site" fee made up by KRS Towing is unenforceable, and the towies have to let go of any claim to it. Anyone who has paid the towies like this may have a valid claim through QCAT and get compensated. Refer The law is a cow - Fair Go News | TVNZ

 

[Jobo]

Hi,

My daughter had her car towed tonight from shopping centre car park, so it seems by all these comments she should just pay the fine. Not sure how much yet. But I'm guessing $660.

We thought her car had been stolen, but I phoned police link after reading these comments & sure enough, they told me when it was towed & by which company, address & phone number.

No answer from the tow company so I guess I have to ring in the morning... Has anyone ever had a smaller fine? Given the time the car got towed, this isn't anything except a money grab. I think I will phone the centre management to ask for an explanation.

 

[muz28]

The $660 being claimed should be challenged in the tribunal. It really is a penalty. A trade tow would cost less than $200. It is extravagant and unconscionable by charging this much for a tow. I would also seek compensation as the towies were unavailable to release the car straight away.

 

[Jobo]

Following on from my earlier post the tow company is Brisbane towing & they r charging (extorting) $550 to get it released. I asked him who authorized the tow & he said the owner of the premises.

I phoned the shopping centre & they said they had not phoned but have given the tow company authority to remove any cars parked illegally after close of business. I'm not sure who it is affecting though as it was almost 9pm at night.

It's illegal for anyone to touch or authorize anyone to touch anyone's car, According to section 135 & 136 of the transport act. I will have to pay the fine but I won't go down without a fight.

Please help on how I should proceed