QLD Car Towed - Paid to Get It Back

[PeanutLuver]

Just received notification of my election hearing. A decision was made for full refund of my tow charge and all costs associated plus the damages I claimed for. Elite security now legally owe me close to 2 thousand dollars.

A bailiff has been appointed to deliver them the good news. I also received a letter from the QLD Premiers office (I sent off a letter to her a few weeks ago with the details) and they have forwarded the complaint to the minister of roads and transport who will be "Looking further into the matter".

I wish you all the same success and can't wait until these guys are all queuing up for the doll like the uneducated, immoral scum they are.

Hi Jimmypatto,

How did you go?

Any positive outcomes with the government agencies following up for you yet?

How did you go getting your money back? Has he paid up yet, and for the various detriments you suffered and that Qcat ordered the tow trucker pay you for?

You and others have mentioned car damage? What kind of car damage happens? I wondered how they actually tow your car? Can they open or break into your car to tow it etc? Someone mentioned some slider thing which I never heard of? What type of car damage do we need to look for?

 

[PeanutLuver]

Anyone out there?

I'm still shocked by these dodgy tow truckers

How did peeps go with government groups eg

- ASIC
- ACCC
- Transport Dept
- Fair trading agency / Dept
- Your local Member
- Council
- State or Federal police
- Ombudsmans
- Qcat cases/decisions

Or

- RACQ
- media like ACA or newspapers
- other politicians - eg Ministers or Premiers office
- etc ??=

I'm pretty tired, but we gotta get such dodgy and dishonest tow truck practices and profiteering put to an end.

It seems so criminal to me?

Also I worry that such operators who operate on the fringe of society and the law may well have criminal history / links to criminal types or groups including bikie groups? Does anyone know if some of the tow trucker groups/guys in Brisbane are have criminal histories or are connected to crime or organised crime groups? What happens when I go to pick up my car? Do you need the police to go with you or do it?

From what you guys said about car damage you can't sign anything to say your car or contents are all good. I can't go there on my own

 

[PeanutLuver]

What tow truck car damage should I check for please? What damages can occur to underneath your car please from the slider towing?

I also worry about the car contents and which I need back too

 

[Jimmypatto]

My situation was similar to most on this thread, ie. My car was towed from a private premises of which I was a visiting patron. These guys operate on the fringe of ambiguous by-laws and their business model relies wholey and solely on people not understanding their rights and giving up.

Remember these guys are liars. It has been proven time and time again. Regardless of what they tell you, they cannot remove a persons vehicle without following legislation. Their usual justification is something along the lines of "if I parked in your driveway would you not want me towed". This of course is nonsense.

The place you parked was no doubt private property but I am sure it is categorized as Commercial premises as apposed to your driveway at home which is private residential. As it is Commercial property and provides un-restricted access to its car park, the owner have a legal responsibility to ensure all legislative requirements are met prior to removing your vehicle. I have attached a link to the commercial property and by-law act in an earlier post.

Back to the topic. Fight them. Take police with you when you collect your car, ask to see video camera surveillance of you leaving the premises-If they provide it you will then be able to prove that no notice of intent to tow was placed on the vehicle before it was removed, if they don't provide it ask them whilst in the company of an officer to release your vehicle and inform them you will be seeking reimbursement for any damages. You're actually fortunate that you haven't yet collected your car as most just fork out the cash to get it back and then spend months trying to recoup funds.

Do not sign anything or provide your drivers licence details. These guys are not authorized to request any official documentation, they are not police, they are a bunch of inbred degenerates with truck licences, nothing more. I wish I had known then what I know now. I have spent a lot of time and effort researching all I can about these dodgy tow operatives.

If you have already paid to have your car released you need to fight through QCAT. this thread has lots of info on what to do and how to go about it. My best advise would be to lodge a complaint with OFT and commence the QCAT process immediately. do an asic search on the company that towed your car and forward every piece of formal correspondence to the address listed and also take photos of everything you send so that you can forward off proof to QCAT.

Fight, mate. And never stop, not even once you get your money back. These pricks need to be thrown in jail.

 

[Jimmypatto]

Brisbane City Council: Enforced regulations on vehicle towing from private property
Sign the above petition

Some more helpful links:

QCAT Form 3-
http://www.qcat.qld.gov.au/__data/a...Application_for_minor_civil_dispute_FINAL.pdf

QCAT Form 6-
http://www.qcat.qld.gov.au/__data/a...9/form-06-req-for-decision-by-default-mcd.pdf

Body Corp Legislation-
http://www.justice.qld.gov.au/__dat...Body-Corporate-Governance-Options-Paper-1.pdf (Specifically, reference: 2.2.3.3. Body corporate authority to tow for breach of a by‐law in non‐ urgent circumstances)

Office of Fair Trading Complaint Form- http://www.fairtrading.qld.gov.au/lodge-your-complaint

Elite Security and Parking Enforcement (Bunch of uneducated lowlifes with truck licences soon to be unemployed)

Business Address: 115 Breakfast Creek Road, Newstead

ASIC Registered Address (send all correspondence here and photograph prior): level 54, 111 Eagle Street, Brisbane - Send to this address and they cannot feign un-acknowledgment as an excuse for not responding.

 

[PeanutLuver]

Hey Jimmypatto!

Thank you so much,

I wasn't sure if I should pay or offer to pay something. You are wonderful doing up the above for me and others and sharing all this help.

Yes, either way I believe I will take it to QCAT - thanks very much - however, if I don't pay first, he will try to keep my car & its contents. This would seemingly be for months unless the Police helped.

Did you get any money back off your tower yet (which QCAT ordered payment for)?

The 2 options way heavily on my mind - if police help me now it would be the best. I have reported it to them - but you get mixed messages as preferred avoidance by police or their contacts - as you and others no doubt found out. The police help now is the best option, if only it could happen.

I have found this guy's place of abode & vehicle storage. The address on the card I got from the shopping centre - this address seems to be no where else.

First I Google Earthed the address on steer view & the address he gives (house number) is not shown (surprise surprise). It's also an average type area. I swapped street view to satellite and other views. On sati lite views there was a property in the vicinity with a lot of cars in the back yard. So went and had a look from street - did a few drivebys trying to see.

No house street numbers of course, but head high fences & gates. It's not far from a corner as it turned out - I could see cars in a back yard thru his neighbours. As luck had it the neighbour was driving out thru his electric gate & kindly helped go into his own yard to see if I could spot my own car. I spotted it straight away & got pictures. It was furthest car out the back of towers yard - surrounded by grass & other cars - facing west (where hail usually comes from). Grass was around knee height I'd say where my car was on edge of paddock.

So the car "storage" is fully outdoors in a grassy paddock and totally open - no car cover protection whatsoever. It's still jail season here of course and my car & many others are basically all pointing toward west - prime hail targets!

So where is the storage and vehicle protection in that? This is what I suspected from the Google satellite images.

The nice neighbour was with me all the time I was at his place & helped me find spots to take pix.

So my dilemma - which option?

- Try to collect the car without paying anything if the police will go with me (they may or may not)

- Offer again to pay a lesser amount (still too much money) - go to QCAT after. He may never pay up though.

- Just pay it all and go to QCAT

Don't have anyone to go with me of course, unless the police do. Guess I have to go see police at station in person rather than just phone.

We are supposed to get storms here all week. It has not happened yet but it rained heavily today with thunder & still more to come. All I & any other car owners need is 1 descent little hail storm & our cars are gonna be in strife... I also need the contents.

Do you agree how cars are stored is also pretty relevant - both regards (illegitimate & excessive) and vehicle protection which in his "care" on his "property"?

Anyone who's being stung or been stung by this guy should Google satellite his property & take pix, along with his neighbour's side fence (with the neighbour's permission) & keep the Google Earth photo too. It shows the unprotected outdoor storage in the SE Qld summer hail zone. That's what I feel anyway.

It might be another point (& evidence) for QCAT / police perhaps.

 

[Gazzalters]

Hi all,

I was charged $660 to pick up my car. I sent a letter of demand to both the premises owner and the towing company. They didn't comply with my request for compensation so I commenced proceedings in the Tribunal by filing an application for minor civil dispute - consumer trader dispute. I joined both parties as the respondents.

I was successful in recovering the $660 minus the ordinary cost for towing. I obtained an independent quote for this from another towing company. They quoted me $99. I also recovered the cost of filing the application. I was unsuccessful in my claim for interest.

I would recommend that you seek legal advice before filing.

Cheers

 

[Jimmypatto]

Hi Peanut,

Mate, without a doubt your best bet would be to actually go into your nearest police station and explain the situation. Including all the details you provided above. Your car has been towed to private, non-commercial property. This is definitely not legal. Go see them mate.

Also, what is the name of the property you were towed from? What company towed you? What is the address where your car is located and what is the ACN of the company? I will be naming and shaming them on a website I am creating to help others like you

 

[PeanutLuver]

Hi Jimmy,

Thank you again.

With Police there seems mixed messages - Policelink & Police station can each day contact or report to the other to take a report.

Yes, I'm thinking I will physically go to Police this time and try for their help. Though if my phone experiences have been anything to go by they may prefer to sidestep these matters and may get mixed info/messages/a fob off again. But I plan to go see them in person now.

This bloke is located south side on average property. The business name and company he gives is not Elite Security - it's a totally different name.

Like to try get my car back first I hope then can let you know their specific details and so we can help others and so they are aware.

My impression is with someone like this that if they are ordered by QCAT to pay back money that heat be likely to not do so. This guy does use a trading name and has a pty ltd company name of same. Free ASIC search showed 2015 note to wind up this company but I don't think it happened.

The ASIC website was behaving a bit oddly this week & said to try later too so haven't been able to do a proper free or paid search. There is an ABN result linked to this PTY LTD but the name is different & not registered for GST. When I press the link is the ABN result to go to his Pty Ltd entity it wouldn't show a result. Will try again. Didn't spot any mail boxes at his property either of course. Will give you such details a bit later, & hopefully once I have my car.

 

[PeanutLuver]

Did I mention the shopping centre management office was adamant my car was unlocked?

My car was locked by me of course - I always always do lock it. I pointed this out, etc etc but they were not interested. The solicitor's advice is that this break-in should have been reported to the Police for their follow up, which is what I felt also and I did but... Sigh ...

Still the Police is where I hope to go. Poring rain right now.

Thanks for your help.

Solicitor also stated you can do the QCAT application for both the Tow operator and also the shopping centre as the Tower is acting as an "Agent" of the Shopping Centre (in this case). He mentioned other things to say also - like no one (whatsoever) contacted me & there was inadequate signage etc etc.

At that point I didn't realise/know precisely where my car was or that it was stored outdoors so didn't ask about their responsibility to care & protect my vehicle & all the others stored in the open air in his back yard paddock.

When it comes to claim on QCAT will obtain his legal address for service for this Pty Ltd entity. But I'm guessing someone like this would do his best to never pay up anything QCAT awarded. According to the solicitor though, as he acted as their Agent the shopping centre can be claimed against too.

So maybe if you can't get money back from Tow operator trying claiming the shopping centre or accommodation facility etc .