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?
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?