QLD Car Towed - Paid to Get It Back

Discussion in 'Traffic Law Forum' started by Gemmarama, 22 June 2015.

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  1. PeanutLuver

    PeanutLuver Well-Known Member

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    In Brisbane it seems a lot of problems - and a lot of focus in the media relate to towing in the Fortitude Valley, and Brisbane CBD, and areas just outside the CBD. There are parking space issues in these kind of issues for sure - especially Fortitude Valley for example.

    There could be scope for there to be special zones - eg the Valley, CBD, South Bank areas - and for there to be special rules / fees / fines. Though people still need places to park - which is a real problem in the Valley. Personally I almost never go to the CBD here now due to the parking - costs, walking distances, time involved in finding a park (cheaper or costly) and walking a long way back to the car, etc. Problems can be similar in the Valley for a Friday or Saturday night out to this clubbing district.

    Southbank does have the cheapest parking though - but it's can be a long long walk. The CBD parking is only moderate if you can find a council roadside park (good luck with that) and then it may be severely time limited. The Valley region has major parking problems during an average normal day - let alone busy peak hour traffic or a busy night.

    There is a real need for better cheap parking in the Valley and CBD.
     
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  2. PeanutLuver

    PeanutLuver Well-Known Member

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    Seems to me there are a few different types of land/towing types:

    - Towing by Councils - eg from roads and council property - covered by Council laws (in several council areas - eg Brisbane, Gold Coast, Ipswich);

    - Towing by/for Police - some statute laws exist in Qld - ie at least partly - but needs review and fee regulation, and offences for breaches by Towers - there have been recent important Qcat decision on this as well (not in the Towers favour);

    - Towing from road accidents - some Qld statute laws exist - but also needs review, enforcement, fee regulation, and offences for breaches by Towers - its a problem for individuals and insurance companies as there is a great storage fee rip off going on here too which must affect car insurance costs;

    - Body corporate / strata title property eg apartment blocks - some laws may exist, but seem to need revision / clarification etc;

    - Commercial property such as shopping centres, hospitality venues - no statute laws exist in Qld yet - which is the major topic in Qld at moment;

    - residential property - no statute law I've heard of - except there may be something for renters / rental legislation though I don't know - not so common;

    - commonwealth or state land - eg airports are federal land and there are special rules, maybe state ports and railways do too, .......
     
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  3. PeanutLuver

    PeanutLuver Well-Known Member

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    To get your money back through Qcat - people are encouraged to also claim against the landowner/centre management as well as the Towing operator - put both companies/directors in your Qcat minor debt claim form.

    If no company is found in your paid ASIC business name search - list the individual/s and trading name as the legal entity.

    Note a lot of these dodgy Towing operators are the type who would put /let their company go into liquidation/bankruptcy before they would ever pay up - especially with so many claimants.

    It was finally in today's Sunday Mail (Qld) that this is occurring - page 13 - "Cactus is not the end: As rogue townies go bust, new firms step in"

    ..... "Cactus Towing - ..... is now in liquidation.

    But a new company has already begun operating at the former Cactus compound ...... " etc etc

    So apart from completely ignoring Qcat orders to refund victims - such dodgy operators will predictably just allow/put themselves into bankruptcy mode - then Towing victims will almost certainly never get their money back from the Tower - and somehow (skirting / flouting federal company and bankruptcy laws) start up another business or company doing similar - as they seemingly have ... such activity would not be unfamiliar to ASIC where dodgy company operators are concerned .
     
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  4. PeanutLuver

    PeanutLuver Well-Known Member

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  5. PeanutLuver

    PeanutLuver Well-Known Member

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    It was also alleged in the same Sunday Mail story above - that "Elite Security and Parking Enforcement " was begun by Mr Christoper Adleylast year a few weeks before Mr Adley's "Brisbane Parking Technologies" went bust.... predict similar may soon recur ....
     
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  6. PeanutLuver

    PeanutLuver Well-Known Member

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    Just in case it got lost above -

    It was finally in today's Sunday Mail (Qld) that this is occurring - page 13 - "Cactus is not the end: As rogue townies go bust, new firms step in"

    ..... "Cactus Towing - ..... is now in liquidation.

    But a new company has already begun operating at the former Cactus compound ...... " etc etc
     
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  7. Rod

    Rod Well-Known Member
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    Probably same principals involved, same tow trucks.

    Yes I agree

    Increasingly common as blocks are subdivided and visitors and other owners park in spots they should not.
     
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  8. PeanutLuver

    PeanutLuver Well-Known Member

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    Hi Rod,

    With normal residential property prevention should be easy - fence and gate. I don't accept this would be a common problem at houses in Brisbane - its quite frowned upon really, and many areas will have fences and gates, and can easily install them. I know in parts of Melbourne for example there is a tendency to try to subdivide - but again fence and gate is easy, as is going next door and asking them to move.

    If they park on your footpath/footpath driveway, or on the public road in front of the foot path driveway, then Council can act as its council property.

    Really though if the car is from house next door then just go ask them to move the car.

    For unit blocks it can also be referred to the site manager/body corporate - that's a particular area of law/property law I guess - though it's likely going to have similar problematic issues where Towing is involved, and probably the same Towers.
     
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  9. muz28

    muz28 Well-Known Member

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    Inquiry into dodgy tow truck businesses will follow money trail to identify profiteers - From the Sunday Mail 28.05.2017.

    No Cookies | The Courier Mail

    *****

    Here is the info page of the Towing industry investigation on the Dept of Transport and Main Road website.

    Towing industry investigation (Department of Transport and Main Roads)

    To lodge a submission via email [email protected]

    or via post

    Towing Industry Investigation
    C-/Department of Transport and Main Roads
    PO Box 673
    Fortitude Valley Qld 4006

    Of note when submitting is that, "Submissions should take careful note of the terms of reference. In providing a submission, please identify the issues you are addressing and, if practicable, provide reasons and supporting details. Please provide any comment or submission by 9 June 2017".
     
  10. Rob Legat - SBPL

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    With respect to that particular 'road' in Surfers Paradise, I drove past this morning and noted that the street sign has been changed to "Private Road'.
     
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