QLD Car Towed - Paid to Get It Back

[VicC]

I am not personally identifying any business. The point I was trying to make is that I am a solicitor and was personally impacted by a business that sounds like the same as that mentioned by others above.

I'd like to jointly take action with others affected. So I can give more information, please reply direct below

Hi Hayden,

I am interested in further information - My car has just been towed... I was in the building block conducting business and obviously parked in the wrong bay.... the park was marked with "authorised parking" no business name so I "assumed" that it was OK to park there (as I was in the building block)

$550 to get it back.

Thanks

 

[VicC]

Yup same place as me.....

 

[Nelson.C]

If you still have to pay, make them uncomfortable like they did to you " legally".

Take some people with you, pay them $550 in 5cents change, let them count. They can't refuse to take cash payment, if they become verbally abusive, you can call the police or tell your witness to do so.

 

[Bree Mcc]

I just got towed today! I don't understand how they can charge $660 for a tow of less than 5km when schedule 3 of the Tow Truck Regulation 2009 states that maximum regulated towing fees are $325 for the first 50km which does not state anything about his being only limited to accidents as some previous comments have suggested. Do these companies fall outside of these regulations and laws?

I have lived in multiple places over Australia and have only ever had or heard of others on a frequent basis having issues with parking and ridiculously overpriced fines/ towing issues in Brisbane. It seems like another money hungry scam that our already crappy council and government let occur.

 

[Paul Hurrell]

My car was towed today by Cactus Towing from the car park on the corner of McLachlan and Winn Street Fortitude valley. It's Sunday and all the shops in the strip are closed and yes there is a few very faded signs on the ground that say"no Parking 24hours" but nothing stating that this is a seven day a week rule. Of course, the sign that mentions all of this information along with a tone of other dubious rules is around the corner behind and well out of view.

The most interesting this I have learned is a rumor (for now) that the property on the corner of Winn and McLachlan street is leased by yours truly Cactus Towing? This just can't be right? I have and will continue to speak to neighbouring businesses and hopefully the property owner to find out if they do in fact have a lease on this property?

There is also plenty wrong with the fee amount and the way in which I was bullied into signing the release form. I asked what terms the fee was based on, the reply being that the guy just laughed at me and said we don't do a payment plan and if you don't pay it we will impose a $66.00 day increase in you cost. Remember it is not a fine but a cost! It is not right that we did not have immediate access to our vehicles.

This is because if we did, they would have no grounds to stop us from leaving their premises. So by denying us access to our property they could then bully us into paying the $660.00. This sounds illegal to me. There are now ten pages of complaints on this website not to mention the hundreds more who are not on here which to me says there is something seriously wrong with the loophole that these guys are operating by. Everyone must contact the federal member for Brisbane City Hon Teresa Gambar and tell her your story.

I am proposing that we all meet up in two weeks Sunday15th of May to get together and discuss ways in which together we can try to take on this mob. Maybe somewhere like New farm park? Please let me know who is up for this and in the meantime, I will try and find some legal representation regarding this matter. I will keep you posted on this site as to how my inquiries are progressing.

 

[Jayctee]

I just got towed today! I don't understand how they can charge $660 for a tow of less than 5km when schedule 3 of the Tow Truck Regulation 2009 states that maximum regulated towing fees are $325 for the first 50km which does not state anything about his being only limited to accidents as some previous comments have suggested. Do these companies fall outside of these regulations and laws?

I have lived in multiple places over Australia and have only ever had or heard of others on a frequent basis having issues with parking and ridiculously overpriced fines/ towing issues in Brisbane. It seems like another money hungry scam that our already crappy council and government let occur.

Does anyone know who makes the rules about the parking/towing operation?

I contacted the State Member for the Carina area and was told "nothing to do with me - you have to contact the centre manager". I tried that - got an automatic transfer to an answering service - I am still waiting for a return call after I left a message. That was 2 weeks ago.

 

[Bree Mcc]

Remeber it is not a fine but a cost! It is not right that we did not have immediate access to our vehicles. This is because if we did they would have no grounds to stop us from leaving their premises. So by denying us access to our property they could then bully us into paying the $660.00. This sounds illegal to me..

Firstly: I didn't get towed by cactus, mine was a different company so there must be a few operating that all sound as dodgy as each other.

Secondly: Doing some research into it this is what I found. Body corperates are allowed to introduce and enforce by-laws in order to regulate common areas such as parking. If a third party parks on common ground (third party meaning a person who has no involvement or participation in the business or residence the parking is for) they are allowed to employ a contracted company to remove the vehicle as long as there is a sign postage adequately displayed warning to do so. However! And this is the thing I didn't realise until after I paid to get my car back, they have no legal power to enforce 'fines' on you for breaching this.

The towing 'cost' is due to the cost involved to the contractor to remove the vehicle (which is definitely not $660) but legally they are only allowed to move the car to an area that is able to be easily reached by the occupier to retrieve. By imposing a 'fine' that you must pay before releasing the car is actually a breach of the contract and illegal. If the cost of towing is not invoiced and paid in the future it is the contractors responsibility to undergo the process of employing a debt collector to then seek and rectify the balance.

So they are violating the towing regulations for the maximum charge for tows less than 50km and are legally in breach of body corporate by-laws that give them the right to tow in the first place by not releasing your car until you pay the money.

I personally think this is the dodgiest thing going around and is completely unethical and ripping people off and should be stopped.

 

[AaronZ]

They are bunch of robbers. Towing your car and forcing you to pay to retrieve your car...What do we do with it?

 

[opinionated]

My car was towed by another company on Thursday and now they want over $1000 to release it to me. Anyone else had any satisfaction challenging these criminals? This is extortion!!

 

[Jayctee]

My car was towed by another company on Thursday and now they want over $1000 to release it to me. Anyone else had any satisfaction challenging these criminals? This is extortion!!

I agree totally.

Which laws are these people governed by? Not State, according to my local member. Shire Council or Commonwealth maybe? Can anyone tow away your car then demand $1000 for release to you from a locked fenced yard?

I am looking for a new job now - that type of work looks like easy money. All you need is a tow truck and mobile signs that read "Tow Away Area".