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QLD Car Towed - Paid to Get It Back

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

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  1. muz28

    muz28 Well-Known Member

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    The fact the masquerading street had "City of Gold Coast" branded street signs and partial yellow lines gave Pandanus Avenue, Surfers Paradise a real look of authenticity and it certainly didn't look like a private road.

    For 26 years the owners (Ali Holdings No. 3 Pty Ltd) didn't any tow cars from there, then out of the blue, they just started .... Maybe the $250 commission cut from the $550 towing fee (Gold Coast Car Solutions) was just toooooo tempting to pass up ... :)

    Over the past 26 years, the land owner has kept it open and there are some access rights arranged with the QT Hotel next door for their rear service entrance ....apparently.

    When Goldie Mayor Tommy Tate learned was going on there, his anger was palpable....

    In the mean time don't park in Pandanus Avenue Surfers Paradise!!!

    The sooner this whole industry which seems to attract an overabundance of scum as active participants are subjected to some tough regulations with some very sharp teeth, the better off everyone will be.

    A youtube video has been posted of one of these unethical tow-aways, from the very street in question no less!!!

     
    #341 muz28, 10 June 2017
    Last edited: 10 June 2017
  2. Quasi

    Quasi Member

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    Hi,

    first time poster here looking for some summary guidance on dealing with my car being towed.

    Towed today from Annerley (Brisbane) to Herston. A total drive of 7.5km. Timesheet states 1400h which seems correct (which means less than 30 min onsite max). Collection occurred at 1515h at their premises.

    Total cost $550.

    The car was parked at (I think) 62 Annerley Rd which is a derelect business. There is a sign at the entrance indicating private property and numerous cars parked onsite. parks have what looked like individual signs. I parked off near the curb in what I determined was out of the way and not signed in any fashion. So private commercial property yes and a sign threatening towing. Apparently it also says you can ring to have a ticket issued to permit parking (I don't recall seeing that).

    Google image:
    Google Maps

    Google Maps

    I parked behind the trees on the right of the picture just inside the gate.

    I suffer from post traumatic issues from my time in Service and on the cusp of a melt down. I was at a Dr getting advice and assistance to be admitted to hospital for ongoing care so to state this was a bad addition to my day is an understatement of large proportion.

    Anxiety/stress like this gets me to a point where I will completely shut down and hit a massive low or explode. TO avoid either I just paid to get my car and left while trying to be polite and considering the driver and gatekeeper are just doing a job...however much it's extortion.

    I figured ok I parked there tough luck.... and then looking at it more I now think I was just taken for a ride and my car ransomed back at me.

    A quote for business hours tow is $121.00 as of today for a driveable vehicle.

    I have read the legislation https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TowTruckR09.pdf and Section 32(2) states along with schedule 3 a cost far lower than what I was charged as well.

    I would be delighted to gain some opinions and help from you who have walked this path already.... if only to be one extra needle in the side of this industry. Ideally I would want some degree of refund, if not all given that no notice of intent was left. The car was just towed.
     
  3. James10

    James10 Member

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    So far no one I know got their money back. The law favours extortion in this instance.
     
  4. muz28

    muz28 Well-Known Member

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    James10 - The honeytrap carpark they are called ... poor signage adds to the confusion too. The question here must be asked, why the lack of a physical barrier if you don't want people to park there? By its nature, 52 Annerley Road is a commercial business whose carpark is open to the public after all.

    There are plans for a four-storey commercial building on the site (Annerley Road Wellness Centre). These vultures operate an unregulated racket scheme and they can charge (and do) what they like. This one of the reasons why the Towing Industry Investigation was launched. The report that is due next month.

    Yes, it is a technical trespass but parking in a lot being attached to an empty business isn't causing anyone any loss at the end of the day charging (compensation) for the tow can't be justified. At this stage, there is very little you can do.

    If you want a moral victory you could launch action against the towies in QCAT, but as we have seen the tow truck companies are in reality just $1 shelf phoenix companies and getting any $$$ out of them is like getting blood out of a stone. I just don't want to give you false hope at this stage in your fight against (that is fast coming to an end), a protected species (the unregulated trade towies).
     
  5. JohnnyChristo

    JohnnyChristo Active Member

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    Hi,


    With regards to your post:

    Please contact the ABC in Brisbane; they will be interested in your story. Recently there has been a huge media coverage about this very thing.

    Yes I to have been victim to these Unaustralian unscrupulous operators. So the ABC have a lawyers name and number there was a government hotline setup. There are possibly changes to legislation underway. Numerous complaints have been logged. I do know that a minimum of two complaints were filed with police and I would be surprised if not many more could well have been. I'm sure you will find you are not alone.

    However whilst waiting for the slow arm of the law to catch up first keep any paperwork in the event of a successful challenge under current legislation they may have to refund all monies and possibly face charges.

    On the downside if this does happen they will receive an avalanch of claims. One may be forgiven to thinking a person of no ethics may well hide any assets monies and other leans then file for bankruptcy.

    Not good but it will bring an end to this shameful practice.

    The other thing in the meantime is each time you see someone park there let them know that will really hurt hard. Wages and costs for this company would be significant if income is cut.

    A warning, be careful when approaching anyone parking it could well be a tow truck representative. personally I have found them to be threatening and intimidating; in my case it just drives me harder. Be polite record all on your phone sound and pictures to if u can do safely.

    Good luck and I hope any other persons who have found themselves unwilling customers also join the growing public disgust.

    Do not be intimidated. Be polite, be careful, be determined.
     
  6. muz28

    muz28 Well-Known Member

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    Inquiry head and retired judge Michael Forde has released his report today and recommended the Government attack the hefty charges by capping fees for towing vehicles from private property at $250 for each standard job, down from the predatory extortionate charge of $660. Independent Investigation into the Towing Industry: Removal of Vehicles from Private Property Report August 2017

    The fee would factor in up to 72 hours of vehicle storage and $25-a-day cap would be put on storage fees for cars left in compounds beyond three days.

    Tow fees to release cars loaded on to a truck but not yet moved would be limited to $150 while cars hooked on to tow trucks but not yet fully loaded would have to be released free of charge if an owner returns midway through the job.

    Mr Forde has also proposed increasing fines for operators using unlicensed tow trucks from $252 to $1513 and boosting maximum court penalties for the offence to $20,184.

    And drivers towing from private lots would for the first time be forced to hold a tow truck licence and operate in licenced trucks, bringing them into line with road crash towing standards.

    The measure would also eliminate the use of “opportunistic” spotters, who currently earn up to $1000 a week covertly tipping off tow trucks waiting nearby to cars being parked without permission.

    Licensed drivers working on private land would also be required to produce a document proving they have authority from the property owner to tow parked vehicles.

    Mr Forde has also recommended the Government create a new unit in the Transport Department dedicated to policing the new rules.

    His report makes a total 22 recommendations.

    Premier Annastacia Palaszczuk said Cabinet would sign off on them tomorrow — lock, stock, and barrel.

    “We intend to fast-track a suite of tough new laws to crack down on dodgy towing operators who have been ripping people off with exorbitant charges to reclaim their vehicles,” Ms Palaszczuk said.

    “Queensland will take the lead, as no other state has yet passed laws to stop tow truck drivers harassing and intimidating car owners,” she said. “If you are involved in this — I warn you — we’re coming and you’re going.”

    Mr Forde yesterday said he believed the recommendations “strike the right balance between the rights of private property owners, towing operators and motorists and would resolve many of the issues that prompted the investigation.”

    Mr Forde has also proposed increasing fines for operators using unlicensed tow trucks from $252 to $1513 and boosting maximum court penalties for the offence to $20,184.
     
  7. James10

    James10 Member

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    Can't wait for this law to be enacted. A standard tow may be lower but this is a big step in the right direction.
     
  8. muz28

    muz28 Well-Known Member

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    Tuesday, August 22, 2017
    New legislation to reform the towing industry
    The Palaszczuk Government has introduced legislation into Parliament to overhaul the towing industry.

    New legislation to reform the towing industry

    Explanatory Notes - http://www.parliament.qld.gov.au/Documents/TableOffice/TabledPapers/2017/5517T1233.pdf

    Bill - http://www.parliament.qld.gov.au/Documents/TableOffice/TabledPapers/2017/5517T1232.pdf

    Government response to the Independent Investigation into the Towing Industry: Removal of Vehicles from Private Property - https://www.tmr.qld.gov.au/-/media/...ion/report/government-response-0817.pdf?la=en
     
  9. Clancy

    Clancy Well-Known Member

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    Years ago i was considering taking a towing job.... the guy in charged asked me up front "do you know how to fight? do you have a problem with that?"

    Ok so i chose not to take the job - i appreciated his honesty, but seriously, any industry aside from boxing, military or policing that requires you to be able to fight has gotta have something SERIOUSLY wrong with it!
     
  10. Rob Legat - SBPL

    LawTap Verified Lawyer

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    Not really, sometimes it's just the nature of the environment you work in.

    When I commenced employment at the second law firm I worked for, and it was apparent I had some experience in security training and martial arts, I was told that my office was one of several that had a 'buzzer' in it. I was told that if that buzzer went off, I was to start moving towards reception as quickly as possible because it meant that an angry family law client had forced their way into the offices.

    This was a medium tier, reputable firm.
     
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