QLD Car Towed - Paid to Get It Back

[Rod]

Hi Rod,

Can you help me how to lodge an interim order with Qcat for return of my car please? Don't know about that type of process? Do I still lodge some kind of minor debt dispute with Qcat at same time?

Sorry, I'm in Vic, never been to QCAT. If in doubt call QCAT and ask them which forms to fill in.

I suspect form 41 for urgent return of car and a form 1 with the reasons being 'relief from payment of money by me', 'payment of the filing fee for this application'. You may also want to think about 'payment of money to me' as a reason but not sure what money he would owe to you. Do you have proveable out of pocket expenses because of his actions?

BTW you might want to consider adding the owner of the land on which you were parked as a defendant as well. It is their agent who towed your car.

 

[JaneT58]

Hi Janet

Yeah, me too.

Regards

Glad I'm not the only one. I'm wondering if it would be possible to get in touch with you via email as well. I can explain further over email if that's okay? Thanks if you can help.

 

[PeanutLuver]

Sorry, I'm in Vic, never been to QCAT. If in doubt call QCAT and ask them which forms to fill in.

I suspect form 41 for urgent return of car and a form 1 with the reasons being 'relief from payment of money by me', 'payment of the filing fee for this application'. You may also want to think about 'payment of money to me' as a reason but not sure what money he would owe to you. Do you have proveable out of pocket expenses because of his actions?

BTW you might want to consider adding the owner of the land on which you were parked as a defendant as well. It is their agent who towed your car.

Hi Rod,

Thanks muchly.

Good suggestions, ta.

Kindest regards

 

[PeanutLuver]

Glad I'm not the only one. I'm wondering if it would be possible to get in touch with you via email as well. I can explain further over email if that's okay? Thanks if you can help.

Hi Janet,

Yeah me too.

Not sure if we can PM each other here. Maybe if we check/adjust our security settings & if we tick follow each other we can PM etc.

Feel free to PM me an initial message to see if I works. Will try PM you too.

Have lately come across some info which may be of some use for "victims" of this type of Tower activity, including excessive tow or storage, and also about possible tort law legal concepts/arguments too.

Yeah let's try contact each other please.

Kindest regards

 

[PeanutLuver]

He

Glad I'm not the only one. I'm wondering if it would be possible to get in touch with you via email as well. I can explain further over email if that's okay? Thanks if you can help.

Hey Rod,

Yeah, followed your suggestions & contacted Qcat directly. They don't give too much info but confirmed the interim order request form must be accompanied by one of the minor debt claim forms (she wouldn't say which one) - apparently one minor debt claim form is where there is an "agreement" (eg I'm guessing that you have paid & have goods). The form 1 minor debt claim form however seems to be the consumer one eg where you can request return of goods.

Qcat

Minor debt claim form - eg select either Form 1 or Form 3 (check which is correct)

Plus - Interim order with Form above - eg for return of goods in interim, ask for urgent interim order

Qcat - Fee - under $10,000 claim - about $112 or something - pay at lodgement

QCAT lodgement - original claim / order application firms must be lodged with Qcat (eg in person or post).

Note - lodgement at Qcat registry in Queens St is potentially much much faster than lodging forms at a local Mag Court office (eg more than 2 months faster !!).

This is what have now found out.

Dilemma for interim order form to ask for car back before paying - (a) time it takes to obtain an order for return of vehicle decision from Qcat; (b) that these Tow operator will try to continue to accrue storage fee at any rate they choose while you wait, & even though you are in that position due to the very excessive fees & complete absence of communication from Tow operator etc; (c) if you pay them first to get your car back, & later get a win at Qcat, the Tow operator may well totally ignore any order to repay you etc & you stuck for long time waiting & applying to Qcat & Mag court & Bailiffs/Sheriffs chasing money (with a bit of $cost as well).

Thanks again Rod - spot in again - just sharing what have now found out.

Kindest regards,

 

[Rod]

You only use a form 3 if he owes you a debt. That is not the situation here so don't use it.

Stick with a form 1 and form 41. He (trader) is claiming you (consumer) owe him money, which you dispute.

Lodging a case early at QCAT is likely to be seen in your favour. But don't forget you have tried to get hold him and he was unavailable for a period of time. He cannot use that as an excuse to charge you more money.

Make sure you have a documented timeline of what happened and when. It will be needed at QCAT.

FYI you likely have a cause of action in detinue

 

[PeanutLuver]

T

You only use a form 3 if he owes you a debt. That is not the situation here so don't use it.

Stick with a form 1 and form 41. He (trader) is claiming you (consumer) owe him money, which you dispute.

Lodging a case early at QCAT is likely to be seen in your favour. But don't forget you have tried to get hold him and he was unavailable for a period of time. He cannot use that as an excuse to charge you more money.

Make sure you have a documented timeline of what happened and when. It will be needed at QCAT.

FYI you likely have a cause of action in detinue

Get Rod

Thank you again.

Detinue & related concepts in tort law - yeah, thank you - letter of demand done. Thank you.

 

[PeanutLuver]

He



Hey Rod,

Yeah Followed your advice & contacted Qcat direct. They don't give too much info but confirmed the interim order request form must be accompanied by one of the minor debt claim forms (she wouldn't say which one) - apparently one minor debt claim form is where there is an "agreement" (eg I'm guessing that you have paid & have goods). The form 1 minor debt claim form however seems to be the consumer one eg where you can request return of goods.

Qcat

Minor debt claim form - eg select either Form 1 or Form 3 (check which is correct)

Plus - Interim order with Form above - eg for return of goods in interim, ask for urgent interim order

Qcat - Fee - under $10,000 claim - about $112 or something - pay at lodgement

QCAT lodgement - original claim / order application firms must be lodged with Qcat (eg in person or post).

Note - lodgement at Qcat registry in Queens St is potentially much much faster than lodging forms at a local Mag Court office (eg more than 2 months faster !!).

This is what have now found out.

Dilemma for interim order form to ask for car back before paying - (a) time it takes to obtain an order for return of vehicle decision from Qcat; (b) that these Tow operator will try to continue to accrue storage fee at any rate they choose while you wait, & even though you are in that position due to the very excessive fees & complete absence of communication from Tow operator etc; (c) if you pay them first to get your car back, & later get a win at Qcat, the Tow operator may well totally ignore any order to repay you etc & you stuck for long time waiting & applying to Qcat & Mag court & Bailiffs/Sheriffs chasing money (with a bit of $cost as well).

Thanks again Rod - spot in again - just sharing what have now found out.

Kindest regards,
Peanut

Correction:

- Rod says only use minor debt claim form 1 (ignore the form 3 version).

Thanks again Rod.

 

[PeanutLuver]

Glad I'm not the only one. I'm wondering if it would be possible to get in touch with you via email as well. I can explain further over email if that's okay? Thanks if you can help.

Hi Janet,

What kind of things were you interested? Did you have a particular type of concern or experience?

 

[Tim Finn]

Hi. I was also towed from 52 McLachlan St by Cactus.

Walked with my 10year old son the 2.8k to cactus yard, $660.00?

I'm happy to pay for towing, as I was aware it was possible, but that's $235.72 per Klm! I am now aware cactus lease the site, cameras feed direct to them and it is only for the purpose of towing vehicles.

What I also am aware of is the owner's details, name, address, phone number, Bodycorp id (cts no.), place of employment. He owns both units at 52 McLachlan St.

Not sure what to do with this info?