QLD Car Towed - Paid to Get It Back

[PeanutLuver]

Would love to know if anyone has had any luck getting assistance from the Police to help you get your cars back? Anyone? Physical help to view & collect your car?

Did Police give any grounds for helping or not helping? Do you know what they communicated to or said about the Tow operator to help get you car back (if anything)...

We could certainly benefit greatly from very clear Act and Regulations on this issue and for their to be clear specific offences which one or more Deoartments could enforce as specific statutory law (vs civil law - take your own action & pot luck & at real costs). Apparently there is something (minimal really) for Towing for road accidents in Qld.

 

[PeanutLuver]

For JohnnyChristo on about page 18 in this thread

- Johnny said Police will/can go with you but you still have to pay the tow operator?? If so why would Police go then?

Does anyone know.

If Police go with you surely your all gonna be saying to him he is not the owner of the vehicle and that you are the legal owner or its contents and that he cannot procure some else's property nor in such a way...?

It's a bit like bikie groups who ran car workshop/s in SEQ, claimed they did lot of work on your car not needed (& which they likely didn't actually do), and then hit car owners up for thousands illegitimately for the work never done and/or not needed, and which maybe you may not have agreed to blah blah (& all the while swapping your good engine out for an old one they bought at auction while telling you it's a new engine you needed & they put in - this type of thing was alleged in years gone by about some auto workshop/s.

Not saying they are swapping parts out but seems these type tow operators sent that different in that you don't need what their doing, & they intentionally don't inform you at all, & in hope they can keep your car, & they claim more storage fees not needed, & in hope of intimidating you into paying extreme unconscionable monies never needed, and with proper vehicle "storage" never provided anyway - a wide open paddock with long grass, & in a hail prone area/season too really doesn't make safe vehicle storage.

If you are claiming to provide a service (eg storage) surely there's a legal obligation to provide it

Duty of care to look after your property and responsibility to provide stated service to adequate degree? E.g. to take care with your vehicle, including not leaving cars fully outdoors in wide open paddock in long grass, which doesn't seem to provide a satisfactory "storage" service and also given claimed nonsense service cost (not agreed to) for an open air hail option storage which costs as much as staying in a hotel room?

Surely they got to look after your property/car and adequately protect it? Surely there must be a legal obligation of some sort?

Not sure of any property law statutes or precedents or what Police might do for you?

 

[Bobble_17]

HI Everyone,

Allkind towing is at it again. Signs were placed on back of Chemist Warehouse at Chermside for 24hour/7 day towing. I thought it was their car park. When quizzed, the towie pointed me to a sign that was much lower and not visible when sitting in a car or if cars were parked in front of the sign.

It was placed by 2 other companies whose premises at the side of the chemist warehouse. It stipulated 1 hour parking for those businesses. I overstayed the parking time and am happy to pay a reasonable penalty (let the crime = the punishment), not $440, However, my daughter was only parked there for 38 minutes before her car was taken. We both had patronised the store by looking in their store window. Regardless of my daughter's intention, they have prematurely and unlawfully taken her car (another $440).

When asked if they had permission to affix the signs to chemist warehouse, they replied that didn't need it as it was just a back of a building. Wouldn't these signs thus be illegally affixed and not be able to be used?

Another issue was when at the holding yard, I asked to see their tow truck licence. I wanted to know if there were even a legitimate towing organisation. They didn't have it with them (the tow truck act specifies that they should). I asked to see it on Monday but wasn't told where their actual premises were. I was threatened with being charged holding fees, if I kept 'wasting' their time.

Is there any ability to take them to the QCAT and complain (amongst other things) that the penalty of $880 did not fit the crime and my daughter was not even in breach.

Cheers

 

[PeanutLuver]

HI Everyone,

Allkind towing is at it again. Signs were placed on back of Chemist Warehouse at Chermside for 24hour/7 day towing. I thought it was their car park. When quizzed, the towie pointed me to a sign that was much lower and not visible when sitting in a car or if cars were parked in front of the sign.

It was placed by 2 other companies whose premises at the side of the chemist warehouse. It stipulated 1 hour parking for those businesses. I overstayed the parking time and am happy to pay a reasonable penalty (let the crime = the punishment), not $440, However, my daughter was only parked there for 38 minutes before her car was taken. We both had patronised the store by looking in their store window. Regardless of my daughter's intention, they have prematurely and unlawfully taken her car (another $440).

When asked if they had permission to affix the signs to chemist warehouse, they replied that didn't need it as it was just a back of a building. Wouldn't these signs thus be illegally affixed and not be able to be used?

Another issue was when at the holding yard, I asked to see their tow truck licence. I wanted to know if there were even a legitimate towing organisation. They didn't have it with them (the tow truck act specifies that they should). I asked to see it on Monday but wasn't told where their actual premises were. I was threatened with being charged holding fees, if I kept 'wasting' their time.

Is there any ability to take them to the QCAT and complain (amongst other things) that the penalty of $880 did not fit the crime and my daughter was not even in breach.

Cheers

Hi Bobble

See JimmyPatto notes on previous pages - eg page 27 - Qcat application for minor debt matter, form 3.

Regards

 

[patrik6]

Personally I think you all deserve what you got. Firstly, you have no right to park on someone else's property. The ones who complain loudest are the ones at fault.

It's a great inconvenience to businesses when inconsiderate people park on their property costing them business and inconveniencing businesses customers. Legal or not, that is the question - but if you were to park on my property, I would have your car removed despite the consequences.

In my experience, tradies are the worst - totally inconsiderate and they don't care. The best thing that one can do besides towing their car car is to lock them in so they can't move their car without touching yours.

No sympathy on this subject from me.

 

[PeanutLuver]

Personally I think you all deserve what you got. Firstly, you have no right to park on someone else's property. The ones who complain loudest are the ones at fault.

It's a great inconvenience to businesses when inconsiderate people park on their property costing them business and inconveniencing businesses customers. Legal or not, that is the question - but if you were to park on my property, I would have your car removed despite the consequences.

In my experience, tradies are the worst - totally inconsiderate and they don't care. The best thing that one can do besides towing their car car is to lock them in so they can't move their car without touching yours.

No sympathy on this subject from me.

Well obviously if such types of Towing operators are getting rulings against them then it's not really so.

There also may be no damage done at all to the public commercial carpark area - highly unlikely there is.

In terms of parking spaces - if it's a huge car park area with huge number of spare park spaces etc - there's no damage in that either.

If council removes a vehicle from a public roadway there are legal procedures to be followed for example - & owners have to be informed.

Towing or storage costs should reflect no more than the actual reasonable cost - rather than extorting huge & unconscionable amounts you who people can pay, and nor do you tell them you have their car, in hope you get to keep it. There remain legal issues around that type of conduct - and which no act or regulation empowers. It's also a fairness, reasonableness, and moral question - and it's wrong. Seems Qld is overdue to introduce laws to prevent this - it will come.

 

[PeanutLuver]

Hi Jimmypatto,

Seems you were correct about the property where a multitude of vehicles are being stored is not a legal business enterprise for the property or area.

The city council indicated the property where all these cars, including mine, are being "stored" in the wide open grassy paddock & front yard too - is not allowed to be used for this purpose. Apparently it may have been for 5 years or more at this place. Yes, so council says it's not allowed/legal here and they can investigate & order them to cease doing so.

Wonder how that affects insurance / indemnity insurance & for all the cars not kept under cover.

 

[PeanutLuver]

Personally I think you all deserve what you got. Firstly, you have no right to park on someone else's property. The ones who complain loudest are the ones at fault.

It's a great inconvenience to businesses when inconsiderate people park on their property costing them business and inconveniencing businesses customers. Legal or not, that is the question - but if you were to park on my property, I would have your car removed despite the consequences.

In my experience, tradies are the worst - totally inconsiderate and they don't care. The best thing that one can do besides towing their car car is to lock them in so they can't move their car without touching yours.

No sympathy on this subject from me.

Well really I think one major reason - if not the major one - peeps voice their concerns is because of the extremely high costs & out of all proportion to any event or alleged event.

Another aspect is tactics being used, including intimidating behaviour, and deliberate lack of communications, and which directly leads into Towers trying to maximise gross funds to themselves. Vehicle owners may also not be informed precisely where their car is, how it is being stored, or how it got there/was towed.

Towers may make it so they are not so easy to find or contact. They may not answer the phone much, and may even filter calls using answering machine options without any identification on them.

Towers etc may claim they can fine you but they are not government or government authority and also not act or regulation - hence they, nor anyone else can issue a fine of course.

The outstanding absence of legislation in Qld restricting Wild West type operators is a big issue.

Poor signage and absence of signage is another problem of course.

Towing vehicles, and in such ways, and enlisting / using dodgy tow operators in the practice, or having your business or accommodation facility in a place where they do may damage client relations and lead to bad PR.

Doing this to genuine customers is not going to help your business or accommodation facility - it could be very bad for client relations & PR and cause you to loose business.

If the Tower is acting as an "agent" or purported agent of the accommodation facility or shopping centre, then the owners/directors of these businesses instructing the tow operator may also have legal actions against them.

It's a democracy and if these kinds of unfair and extreme things are done - people will tell other people, and also to help warn other people, and to ask for help and political action and change. Some of the people who they will tell may be media, government apartments, and politicians - fair enough in these types of cases as its too extreme and unfair.

People have a right to expect their government to help protect them from such immoral and extreme conduct - they have a right to talk and tell about it - as a community service to and to generate change.

 

[PeanutLuver]

One ongoing problem I seem to have is that it appears to be very difficult for me as the car owner to either make contact or receive contact back from this Tow Operator. Whether when I phone or send correspondence. The first few phone numbers I was given were seemingly wrong.

The last number I got from ringing Policelink back to advise the phone numbers seemed to be wrong and I couldn't get through to speak to anyone. The number Policelink had and had given me was wrong (disconnected in fact). The phone seems to ring quiet (with no message either), or ring off the hook/engaged.

My details have been provided but I'm not getting communications back to be able to inspect or collect my registered vehicle.

The only time I have been able to contact him myself was after Policelink tried another phone number for him after ringing him - apparently he answered the phone when they called - but not at all when the owner calls or tries to leave a message. You are not sure if you are leaving a message as their phone is totally silent. He doesn't seem to be answering the phone. This is very recurrent, and seems deliberate.

Seems may have to report to Police. Again he is not answering the phone or responding to correspondence and appears to be attempting to be tricky and uncontactable. This is the impression from the start.

Police say they can go with you as a Community Assist job - you have to book a time or something with them. Still it seems it's gonna be hard to inspect or collect my vehicle if Tower Operator doesn't answer the phone or return contacts to arrange a time at his house/paddock...

 

[PeanutLuver]

What to do when the Tow Operator does not return your contacts, makes it hard/impossible to contact him? He doesn't get back to me about inspecting or collecting my car or to pay him money? He doesn't answer phone or respond to correspondence to inspect, collect, pay him money.

He has been very hard to get hold of from the start. He seems to make himself very unavailable for communications and to block/obstruct communications.

Been trying to contact him to inspect, pay money & get my car back. He's got my contacts. I get nothing back.

Seems this Tow Operator is very dodgy, and has plans to keep my car.

Help

I'm guessing this Tower is well practiced at this and has done it before. Certainly there are heaps of cars in front and back yard.

Help - he won't return contacts and seems to be trying to keep my car.