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QLD Queensland Police Impounded Car

Discussion in 'Traffic Law Forum' started by HOS, 10 March 2015.

  1. HOS

    HOS Well-Known Member

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    Hi there, I recently had my car impounded by Queensland police for an alleged type 1 hooning offence. I was not issued with an infringement and I was not issued with a notice to appear at court and I was not arrested.
    I have never had a driving infringement or speeding fines of any kind, I was driving a factory spec. unmodified car, not even the radio/cassette has been changed. the car is in 100% roadworthy condition.

    Type 1 offences which include the following offences committed in circumstances that
    involve a speed trial, a race between motor vehicles or a burnout; dangerous operation of a motor
    vehicle, careless driving, organising, promoting or taking part in racing and speed trials on roads and
    wilfully starting or driving a motor vehicle in a way that makes unnecessary noise or smoke.


    I was "charged" with " Willfully driving a car and create noise and smoke" and when I asked what smoke? they crossed that out on the impound notice. I have only received an impound notice (form 157) and a Queensland Police property receipt.

    Hooning | Your rights, crime and the law | Queensland Government

    For both a Type 1 and a Type 2 offence—depending on the seriousness of the offence—you can be issued an infringement notice, a notice to appear in magistrates court or you may be arrested.

    Impoundment and immobilisation
    In addition to any infringement notice or court penalties, the vehicle you were driving when you were caught hooning may be impounded—placed in a holding yard—or immobilised for a period of time. Immobilisation involves the removal or confiscation of the vehicle’s number plates.


    I have been informed that the Police do not have to prove I committed the offence, however if I was to dispute the charge I would have to prove that I did not which would be totally impossible to prove.

    My car was given to a tow & impound company who have set fees and charges. A few days after the impound I received a registered mail envelope containing an invoice for $2900 being the impound charges for the 90 days.

    I am told by the impound company that only cars that have a value over $2,500 are impounded, under $2,500 and they remove the number plates. ( probably because they cannot recoup the impound fees so it would not be economically viable)

    I understand that I have the right to apply for an early release under certain circumstances.
    I have done this using the correct application forms on two separate occasions I was notified of the first application DENIED however I have not received any written notice or explanation as to why it was denied only verbally over the phone, I am still awaiting the decision regarding the second application.


    Q1. How can my car get impounded if I was not issued with an infringement or notice to appear?

    Q2. How can it be legal for the Police to give my car to a 3rd party private company to hold for ransom?

    Q3. Why is there a different punishment based on perceived economic status? ( if you drive a crap heap they will only remove the number plates so you are not up for paying impound and storage fees)

    Q4. If my application for early release is denied should I receive written notification of the decision and reasons for the application being DENIED?


    Thanks in advance any help with these questions would be greatly appreciated.


    I have another issue that I was just made aware of:
    My car is insured with Suncorp insurance full comprehensive car insurance cover.
    Suncorp do not cover my car after it has been confiscated and impounded.
    So I have no car, no car insurance and no control over who drives it/how it is driven and where it is stored.
    Any ideas?
     
  2. HOS

    HOS Well-Known Member

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    160 views and No comments ? is this one in the to hard basket ?
     
  3. Rod

    Rod Well-Known Member

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    I don't know enough about QLD laws to be able to comment.

    Certainly sympathise with you. The Government gave police antihoon laws that they are now using beyond the original intention. It sucks, but this is the current law. Recommend you contact your local member of parliament and give your side of the story and suggest the law be changed.

    Without people complaining, NOTHING WILL BE DONE to change these bad laws.
     
    HOS likes this.
  4. HOS

    HOS Well-Known Member

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    Rod ! Thank you,
    I thought this thread may have been invisible to the other forum users.

    I am working on some other discoveries and breeches of the law that may be Huge News.
     
  5. HOS

    HOS Well-Known Member

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    The latest development:
    The original tow was authorised by the Qld Police Officer at the scene of impoundment with a specific towing company and to their storage yard.

    A few days later ANOTHER towing company took the vehicle from the original company, the second towing company paid the first towing company the initial towing charge and took the vehicle to their impound yard for which I have now been charged an extra $299 for the tow between the two storage/impound yards. When I question this fee I was informed that the Police made a mistake and used the wrong towing company................ any comments on this PEARL ?
     
  6. Rod

    Rod Well-Known Member

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    Yep, not your mistake, you do not pay for someone's mistake. Trouble is how to go about fixing it. Write to the people sending you the invoice that it is not your responsibility to pay for someone else's mistake and tell them to get the money from the person/organisation that made the mistake.
     
    HOS likes this.
  7. P Noob

    P Noob Active Member

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    This is messed up. I don't have anything useful to add. Just a complaint about legislation which allows the presumption of guilt.
     
  8. HOS

    HOS Well-Known Member

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    Just to fill in the rest of the saga............... I waited the 90 days, paid the $2,700 in fees and they released my car.....DAMAGED.
    There is approx $2,400 of damage on the car that was not there before the impound, even my Bluetooth hands free unit got stolen.

    Today I received a letter from the police advising me that my car was WRONGFULLY impounded and there was no CCTV evidence as was previously stated by the police officer who impounded the car, I am to be refunded the $2700 for the impound fees and all my points will be returned to my licence. I am also informed that all 3 of my applications for early release should have been allowed even if my car had been justly impounded. All the police involved in the scam are "under investigation" for their actions.
    As for me......................... who cares about 3 months of my life, the stress and all the associated crap that came with this farce.
    Thanks to everyone who offered support and helpful advise.
     
  9. Rod

    Rod Well-Known Member

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    :) Good to hear.

    Hope they also pay for the damage that was done.
     
  10. Jamie Brodie

    Jamie Brodie Member

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    Hi HOS,

    I realize this post is a little old, but was wondering how you went about making a complaint.

    My son's car was impounded under the same law (which would be a reasonable law, if it was used correctly). He was issued an infringement plus impound for undue noise and smoke. He did chirp tyres but no smoke. The officer was around 80 metres away at the time at an intersection, said he had video footage of said infringement ( on a GO PRO on his vest ).

    My boy queried how he had footage of him if he was so far away facing another direction and if he could view it ( was told no ). He also was advised by the officer to make an application for early release as he would get it out as early as 7 days, as he needed it for work, etc. He filed application that night, never heard anything for weeks.

    I advised him to ring. Trying to get through to anyone regarding it was near impossible ( the only correspondence he had was with someone who said they were from the tow company chasing him to pay fees in full or he would receive late fees, etc, this person contacted him numerous times ). He eventually received a written letter stating his application had been denied as he did not meet requirements for early release ( this was after eventually receiving a call back from a female, who in her own words said it was bullshit that no one had contacted him earlier regarding early release ). I, too, have the same concerns as yourself.

    Q1. How can my car get impounded if I was not issued with an infringement or notice to appear?

    Q2. How can it be legal for the Police to give my car to a 3rd party private company to hold for ransom?

    Q3. Why is there a different punishment based on perceived economic status? ( if you drive a crap heap they will only remove the number plates so you are not up for paying impound and storage fees)

    Q4. If my application for early release is denied, should I receive written notification of the decision and reasons for the application being denied?

    Would also like to add, are police trained in how to determine what an act of hooning is, or one that deserves the vehicle to be impounded, or does it just come down to the individual officer?
     

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