Joining the club! My scooter (not even a car) was on the tray yesterday . I parked in the incorrect spot behind the valley post office - thinking that all car parks were for post office customers. I choose the smallest one and put my scooter all the way up the parking spot so that there would be space for a car to park as well.
Dropped off a letter - returned to find my scooter in the process of going on the tray. He must have been monitoring the spot as I was literally in and out within 5 mins. The driver charged me $550 to get my scooter off. I asked who had contacted him to tow my scooter and he said "no one" he just drives past and if he finds an illegally parked vehicle he tows it.
I then asked him for the contact details of the car park owner so that I could speak to them directly. He refused to provide them as well. I had no choice but to hand over my credit card for payment.
Yes, I parked in the wrong spot but I don't think charging 550$ to lower the tray once is justifiable.
I don't think I will get my money back - in the end it's just money - will have to eat minute noddles until my next payearoll, but I am filing a complaint with the office of fair trading as this is wrong on so many levels. I'd really like to see some kind of schedule of rates that gives this company permission to charge the full amount even though the vehicle wasn't even towed anywhere.
This case would be fodder for ACA; They love these sorts of hard luck stories.
This is one of the worst example of this type of behaviour I have ever heard. Yes the vultures can tow your mobility scooter (mind you this behaviour is nothing short of extremely detestable) but under distress damage feasant, they have no right to continue the siezure as there is risk of a risk of the breach of the peace when this is done in the presence of the owner and they must release it immediately.
Also legally the towies cannot charge a "release" fee. Once you turn up, your car/scooter is yours and they have no rights to take it or hold it to ransom. In practice though, if it's late at night, raining and cold, and the towie is a big fat ugly tattooed bloke in a hurry to go back to his depot ... most people pay up just to get their car back.
Complain to Fair Trading that there was no loss, and therefore the towing was completely unjustified. Ask them to state what the loss was to the landholder was. They will normally give you the towing costs etc. However, that is not what you want to know. What you want to know is what loss did they incur by you being in the car park for 5mins. Generally, there will probably be no loss. Here the mere presence of the trespassing scooter on the property (a technical trespass) may not be a sufficient grounds for relying on distress damage feasant.
The intrinsic nature of distress is seizure of a chattel as security for damage which has been or is being done. The timing is all important. It should not be possible for an owner to point to the cost of seizing the chattel and say, "look, this is my sole cost to me in organising the towies, and that is my damage justifying the seizure". With this, think back to the medieval cow paddock and the distress application then.
If landowners need to protect the carparks, what's the problem in using removable bollards or using boom gates, etc? The issue is there is no incentive the way things appear at the moment in Qld, to force a change is this deplorable behaviour.