QLD Car Towed - Paid to Get It Back

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muz28

Well-Known Member
20 May 2016
41
8
149
These are two research bulletins from 1996/7 I found. The first one was done for the Qld Parliament at the time when wheel clamping was an issue. What is interesting in light of the $550/$660 release fees being demanded is on p18 of the report, "The clamping fee must not be a penalty".

https://www.parliament.qld.gov.au/d...chPublications/researchBulletins/rb0697pb.pdf

Here is the Victorian one from around the same time.

http://www.parliament.vic.gov.au/papers/govpub/VPARL1996-98No1p95-226.pdf
 

Frustrated22

Member
8 June 2016
1
0
1
I too have been towed away by cactus towing in late May and charged the $660 tow away fee, my story is much the same as everyone else. Has anyone had a win yet with this? Further info please?
 

BlitzKonig

Member
9 June 2016
1
0
1
Mid April, I was introduced to Cactus towing. Parked on Winn Street in the Valley at 7PM. Was meeting some friends that hadn't arrived and sat down to wait for them at Ben's Burgers. Literally 2 minutes later, friends came running over, "Your car is being towed!".

I ran over, was questioned if the car being pointed at was mine. I immediately said yes and that Ill remove it, as they had not connected the towing strap up to the car. "Sorry were already towing it, youll have to go pick it up". At this point, I, unfortunately, lost all rational thinking, here my car wasn't even on the tow truck and it appeared like there was nothing I could do. I asked if I can just pay them now and for me to just leave, "Sure, that'll be a total of $660". I didn't argue with this, as previously stated, I lost my cool and Im precious about my belongings. Paid and angered I drove home.

Like many here I did my research, the maximum towing charge is $325.75 for the first 50KM with additional $6.45 per KM (Maximum Towing Charges - https://www.legislation.qld.gov.au/legisltn/current/t/towtruckr09.pdf).

With their parking lot not located more than 50km away, how can they charge a total of $660. Of course, I assume there is a "fee" which is paid to the property owner that has contracted the towing service. But if that is the case, this should be listed separately, fine being with additional towing costs, as the property owner can also instruct those to move their car without requiring immediate towing.

This was going to be the grounds for my discussion, my vehicle was never actually towed away, so at maximum, I should only pay the fee/fine for a parking violation. I had proof (based off timestamps on the photos they had taken and my EFTPOS receipt, that the car was never towed ( about 2 minutes between the image taken and timestamp on receipt).

Someone mentioned in this thread before that they wanted to dispute the charge with their Bank (via credit card dispute). I didn't like the sound of this idea because I think that this is falsely abusing the system, it is not in place for you to get out of paying for someone, just because you don't like the course of events. However, in my specific case, where my vehicle was never actually towed, I never truly received the service of having my vehicle towed. I lodged a dispute with my bank and it has been over 45 days (their dispute period) with no response from the Merchant.

Again, I want to strongly empathize, please do not misuse the dispute system, if your vehicle was towed away and you had to pick it up. I don't believe you have enough backing to apply this method.

Either way, this was an experience for me, and I've learned my lesson.
 
Last edited by a moderator:

Jobo

Member
2 June 2016
3
1
4
Tow truck act...The maximum fine is $325? Well, well, well. Might be a case to get my some of my money back. Charged $550. $225....How much do you reckon it's gonna cost to get that back?
 

James Tyson

Active Member
6 March 2016
11
2
34
I fought that point and it turns out that is for accident towing. I would have to invest 6x what the orginial fee is worth only to fight it with a low chance of getting my money back due to me not obeying the marked car parks in the first place
 

muz28

Well-Known Member
20 May 2016
41
8
149
BlitzKonig, I think you should challenge the towing and the associated fee in QCAT. As per the case in NZ, when the owner is present when the car is being seized, the towies must release the item and drop any claim to it as it as it could lead to a "breach of the peace". The same decisions too were made in England going back with livestock in England.
 

get them back

Member
18 June 2016
4
2
4
Lodge a complaint with the ACCC and Office of Fair Trading. There is a High Court case against the banks about excessive penalties for breach of contracts, and the High Court found against the bank - excess penalties are illegal. Report the car park for imposing excessive penalties and tow truck company for an unconscionable contract.


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. !
 

get them back

Member
18 June 2016
4
2
4
Fines can only be issued by an authorised agency (e.g. government authority, court). If you read the actual note left by the tow company, they often actually read in fine writing, "this is not a fine. upon payment, it is a tax invoice" or something similar.

If it is a car park, lodge a complaint against them with ACCC and Fair Trading. It is essentially a contract - you will park in the spot according to the T&Cs. Under Australian law, contracts cannot impose unreasonable penalties to ACCC. That you feel this is an unreasonable penalty given the "loss suffered" by the car park is much smaller would give them massive legal headaches and possible opportunity to seek a refund of the money.

Enough complaints to ACCC and the conduct might be stopped.



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
 

AngryCarOwner

Member
22 June 2016
1
0
1
Had my car towed by Cactus Towing scum in West End, $660, nothing but an exploitation considering the time of night and the below problems. Rudest person we've ever dealt with and they were obviously watching us the whole time! We came back and begged him to let it go considering I'm a Full Time, completely broke student. Had to pay the on-the-spot release.

- The driver lied (said he gave us 30mins which was a lie, so he changed that 'story').
- He refused to have a conversation face to face (so unprofessional and just disgusting behaviour).
- The building appeared abandoned
- No street lighting
- No building lighting
- No visible towing signage on the building (only saw once pointed out, got a torch and walked around the corner to see).
- Had we seen the signs, I can guarantee you I would not have parked there because I couldn’t even afford the minimum of $550!! An unreasonable amount to pay. It really is extreme!

We did not feel in any way, shape or form 10 mins at 9pm, in an unused building, in an unlit car park, would impact anyone what-so-ever. There was another car in there at the time we parked also...
No signs, gates or chains or anything at the entry or exits, luring people into this car park so they can earn money!

I sought legal aid from Legal Aid and basically they said, "it's just too bad!" even though it's basically illegal what they are doing." I would have to have endless amounts of money to sue them for injustice (I wish I did)!
 

get them back

Member
18 June 2016
4
2
4
Had my car towed by Cactus Towing scum in West End, $660, nothing but an exploitation considering the time of night and the below problems. Rudest person we've ever dealt with and they were obviously watching us the whole time! We came back and begged him to let it go considering I'm a Full Time, completely broke student. Had to pay the on-the-spot release.

- The driver lied (said he gave us 30mins which was a lie, so he changed that 'story').
- He refused to have a conversation face to face (so unprofessional and just disgusting behaviour).
- The building appeared abandoned
- No street lighting
- No building lighting
- No visible towing signage on the building (only saw once pointed out, got a torch and walked around the corner to see).
- Had we seen the signs, I can guarantee you I would not have parked there because I couldn’t even afford the minimum of $550!! An unreasonable amount to pay. It really is extreme!

We did not feel in any way, shape or form 10 mins at 9pm, in an unused building, in an unlit car park, would impact anyone what-so-ever. There was another car in there at the time we parked also...
No signs, gates or chains or anything at the entry or exits, luring people into this car park so they can earn money!

I sought legal aid from Legal Aid and basically they said, "it's just too bad!" even though it's basically illegal what they are doing." I would have to have endless amounts of money to sue them for injustice (I wish I did)!


Contact the Office of Fair Trading about the conduct of "penalty clauses" in a "car park" contract and lack of clear terms and conditions. Make a complaint and they may be able to do something - and at the least, they begin to consider prosecution.