QLD Car Towed - Paid to Get It Back

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muz28

Well-Known Member
20 May 2016
41
8
149
Here is another newspaper article about the issue, again from the Gold Coast Bulletin, that was published in October 2013. Looks like one of the ways bikies gangs turn someone's misfortune into a money-making machine.

No Cookies | Gold Coast Bulletin

I accept that private landowners are entitled to control who parks on their land; however, there should be a very stringent legal process to follow in removing a car rather than the towies acting like Wild West cowboys. The other issue is that the person deciding whether a car has illegally parked is also the person standing to benefit from the "tow".

This practice has turned into an extortion racket, with towies demanding up to $660 + holding fees to "release" the vehicle - amounts that have nothing to do with realistic costs.

Another issue I have that if motorists are in or near the car, there is a risk of a Breach of the Peace. Distress Damage Feasant is legally trumped by that risk, so the towie no longer has a legal right to drag the car away. They cannot charge anything either, but the do. (Jamieson v Murray) NZ 1983.

Just like one is not allowed to shoot a burglar on sight, towies should not be allowed to "steal" the supposed violator's vehicle and demand arbitrary and extortionate amounts of money for its release. The sooner this practice outlawed, the better!
 

Obbe17

Member
18 August 2016
2
2
4
Another similar experience

After shopping late Thursday afternoon. 28 July, I came back at about 5:30PM to find my vehicle had been towed away. At first, I thought it had been stolen until I looked around and saw a sign. Upon closer inspection, I realised what had happened. There was 24 hour CCTV surveillance. My car had been towed away.

I rang the number and was told that I needed to go to the other side of the City to collect my vehicle at a cost of $550, even though the sign said Minimum $450. After querying the amount, no reasonable explanation was given. I asked what type of vehicle would cost an owner $450. No explanation was given. The address for towing company was messaged promptly to my iPhone. I had until 6:30pm to collect my vehicle.

Same repeated distressing situation on a daily basis

After talking to the local businesses at the car park, I was told by one of the shop assistants that she has people coming in, shocked and stunned, to complain about the same thing every day.

After taking photos and waiting until 6:15p.m., in the dark, my partner who was on the other side of town picked me up to collect my vehicle. Again, I rang towing company to let the man know that we wouldn’t be there by 6:30 pm. Also, as my medication, medical supplies and prescriptions were in my vehicle, I needed them. Graciously, he said he would wait. And he did.

Unfortunately, he didn’t reply to my question about how many vehicles had been towed away from the car park that day.

Finally, both my partner and I returned to his place in the next suburb from the shopping village at 7:45 p.m.

Signage not good enough

Yes, there are signs at the car park in front of several parking bays, at the two entrances and on some posts in front of the businesses, but I didn’t see them.

Upon approaching the car park from one of the roads, there is a sign re parking situated below the main sign. Not an ideal place for it, as it is situated below the list of shops. (Later that evening, I noticed another one of the signs in front of the driveway of another business down the road. It was a much larger sign and stood clearly on the right, without other signage around it, as drivers entered the car park.)

Article in local newspaper

As I found out later, the local newspaper covered the unhappiness of the drivers having their vehicles towed away in their front page (and page 5) story the week before. Up to 15 vehicles a day towed away. That’s up to $8250 a day; up to $33 000 a month; up to $396 000 for 12 months. Wow, and that’s from just one car park.

With CCTV surveillance, there is obviously a constant stream of unsuspecting drivers who, like myself, are not aware of the signs. As a visitor coming into the small shopping village at one end of the shopping area from where I live in an adjoining city, I have been unaware of these signs until now.

My Proposals

1. Rather than costing unsuspecting drivers large amounts of money, I would like to propose the following solution. At the front of each parking bay, the message 'Customer Parking Only Towaway Zone' be painted at the top of it. Also, a large clear sign with the message in bold colours needs to be in front of each entrance. A smaller sign in front of each parking bay is essential as well.

2. Let drivers know where there is alternative parking available in non-tow away zones.

3. Issue a warning for the first offence. Give a fine for the second offence. Do it three times and the vehicle is towed away


(Please note that the last proposal was given to me by my friend who assisted the pregnant lady previously mentioned. She was told by her dentist at West End that they were having a huge problem with their car parks. Motorists would leave their vehicles in the car parks and go into the City for the day. A service was employed to issue a warning, then a fine, and finally towing the vehicle away.)

Warning to other drivers

Fortunately, while I was waiting, I was able to caution a couple with their baby about the car park signage. Even though they parked right in front of a sign, they didn’t notice it either.

Facebook Post and Response

I wrote about my ordeal on Facebook to my friends while I was waiting. My Post started,

‘Unbelievable, whatever you do, don’t park in the car park on the corner of ________ and __________ Rds.’

One of my friends wrote back to say that a couple of months ago she came across a very distressed and very pregnant woman in the same car park. She parked and left the car park to find a toilet urgently. In that short time, her car was towed away. Comments from my friends were: terrible; horrible; What a racket! ; understand the small business owners’ frustration but the penalty is very severe.

Time-span is a genuine cause of concern.

When I parked my vehicle at approximately 4:00pm, there were many parking bays available. According to my Towing Receipt, my vehicle was towed away at 4:05p.m. When I returned, only a few cars were parked in the car park including the assistant at one of the shops. I only saw one customer come to collect some takeaway. By the time I left, only a few cars were parked there.

Contact owner

According to the local newspaper, attempts to contact the owner of the complex were unsuccessful. Nevertheless, I will contact her through the Body Corporate at that Village.


In conclusion, I feel strongly that this parking issue extracting exorbitant amounts from unsuspecting drivers needs to be rectified. Others drivers and I who have been caught up in this terrible situation do not intentionally go out to park in an area from which our vehicles will be towed away within minutes of leaving it. Visitors and shoppers to _________ Rd should not have to pay for having their vehicles to be towed away in such a fashion.

Better alternatives are available. It is a stressful, distressing, inconvenient and a costly predicament to find oneself in. It certainly doesn’t bode well for businesses in the area. Word-of-mouth and front page headlines in the local paper are spreading the negative impact of such an unwelcoming practice in this shopping area.

It is my intention, therefore, to contact the Queensland’s Fair Trading and also the Consumer Affairs Department to lodge my complaint. Letters of complaint have been sent to the local newspaper, the City’s Lord Mayor and the local Member of Parliament.
 

muz28

Well-Known Member
20 May 2016
41
8
149
Thanks for posting this Obbe17. Were you a shopper at one of the businesses in the shopping village during the time you were there?
 

muz28

Well-Known Member
20 May 2016
41
8
149
QPT Towing takes the Gold Medal for thuggery and Intimidation in Qld ...

This was published on the QPT Towing Warning Website dated 26/07/2016.

"May I please advise of the actions of QPT that was attempting to steal one of our most valued tenant's cars today.

Paradise Towers involved the Queensland Police and Channel 9 to release the tenant's car as the tenant was inside the car and QPT, under instructions of the chairman of Paradise Towers CTS 14978, demanded that the car be towed away when, in fact, other cars were parked on common property and they were permitted to park there.

Two rules! QPT refused to co-operate and humiliated the tenants and myself the Lot Owner of the tenants.

It was a disgusting 4 hour stand off. The Police took hold and Channel 9 were stunning, they saved the day.

My complaint is the terrible tactic that QPT took in humiliating the tenants. I was a total farce.

The QPT "team" were laughing and baiting us, just terrible and the entire scenario was recorded.

I am warning all other viewers to this page beware QPT at all times.

Very, very nasty operation. Very mean spirited and very unfair as well.

Ripping off people at $330.00. per car.

By Paradise Towers resident"


There are plenty of other horror stories on the above-mentioned site about these grubs. Mind you, the $330 release fee seems a bargain compared to the $660 being charged in Brisbane.
 

Kylieg

Member
25 September 2016
1
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
John,

My daughter and bf just had two cars about to be towed tonight, then requested $660 each for their return, which unfortunately they felt they had to.

Can you direct me in what we can do to recover, your assistance would be greatly appreciated.

John,
My daughter and bf just had two cars about to be towed tonite, then requested $660 each for their return, which unfortunately they felt they had to.
Can you direct me in what we can do to recover them? Your assistance would be greatly appreciated
This was Cactus
 

Adrian Bates

Member
26 September 2016
2
2
4
Love reading all these post on towing from car parks or private properties. As a tow truck driver for 20 years I can give a bit of insight to this. Not defending these towers as I get 15 to 25 phone calls per week from people looking for their cars. So I have head it all.

The best example of a parking problem was Chermside shopping center. People were parking there all day and catching them into the city, and no car parks for shoppers.

The big problem with this is not the towing companies but the property owners. They pay big money for car parks. If the car parks are full with all the time, their tenants will move out.

e.g. If some one parked a car in your driveway at home and walked away. Blocking your car in, so you can't get out . How would you feel?

This is the catch 22 on this subject. Condition of entry notice.

At the entrance to a shop or shopping center or pub or bar, you will see a Condition of Entry Notice. Once you enter a property that has displayed condition of entry notice, you accepted all conditions to be there at that time.

What dose this mean you say? Condition of entry notice means you have entered a private property and the property owner has made rules for that property. And this is why the police will not act on these towers under the criminal code.
 

Anthony2016

Member
2 October 2016
3
2
1
Hi everyone,

I am responding to this thread in my own personal capacity. Your stories above sound very similar to a situation that occurred to me over the weekend at a Car Park in Brisbane. I would not at all be surprised if we are all talking about the same business.

I consider the conduct of this business to be unlawful. Amongst other things, I think that the charges imposed constitute an unlawful contractual penalty under the penalties doctrine. Class actions for the imposition of unlawful contractual penalties are becoming much more common. I'd like to present a united cause of action. There may also be statutory grounds under the Competition and Consumer Act and room to lodge a complaint with the appropriate regulator.

I would be very happy to provide you with some further information in relation to a potential claim. It will also enable us to quickly determine if this is the same business we are all talking about. The more plaintiffs we can join to the cause of action, the stronger we will be, and the bigger threat our claim will be.

As I said, I think these businesses are operating unlawfully and I would like to see that formally determined.

Kind regards


Hi Hayden, I fell victim to said towing company today. I am wondering if any progress has been made on this matter since you posted this comment. Otherwise, can you direct me toward any kind of legal action I can take, as I don't believe that my car was illegally parked. Thank you.
 
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Anthony2016

Member
2 October 2016
3
2
1
Found this.

https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TowTruckR09.pdf

Looking at sections 27, 28 & 29. I had my car towed yesterday, but it looks to me like no one had authorised it. According to a police officer that I have been liaising with, if the tow company does not have Authorisation from the police, the council or the tenants, then it counts as theft. The tow company stole my car. I hope this helps someone.
 
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Adrian Bates

Member
26 September 2016
2
2
4
Found this.

https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TowTruckR09.pdf

Looking at sections 27, 28 & 29. I had my car towed yesterday, but it looks to me like no one had authorised it. According to a police officer that I have been liaising with, if the tow company does not have Authorisation from the police, the council or the tenants, then it counts as theft. The tow company stole my car. I hope this helps someone.

Tow truck regulation of 2009 and the tow truck ACT of 1973 refer to tow trucks attending to traffic accidents on public roads. And does not cover private car parks.