For anybody that has been towed and is willing to fight through the OFT. These tow companies are in breach of State Government Legislation. Please reference this clause whenever dealing with OFT and QCAT.
Don't give up and give in to these mongrels
Please note the below:
http://www.justice.qld.gov.au/__dat...Body-Corporate-Governance-Options-Paper-1.pdf
2.2.3.3. Body corporate authority to tow for breach of a by‐law in non‐ urgent circumstances
Don't give up and give in to these mongrels
Please note the below:
http://www.justice.qld.gov.au/__dat...Body-Corporate-Governance-Options-Paper-1.pdf
2.2.3.3. Body corporate authority to tow for breach of a by‐law in non‐ urgent circumstances
Just got my reply from OFT
"In order to investigate your complaint, where possible, please provide this office as soon as practicable with photographs of the signage on display at the carpark from where your vehicle was towed. This will likely be displayed at the entrance to the carpark, however photographs of any relevant signage on display concerning parking should be provided.
Please note that the OFT does not regulate pricing in Qld and that businesses are entitled to determine their own prices. Accordingly, it is unlikely that the vehicle release fee paid to the Trader will be able to be disputed.
Depending on the signage however, we may be able to conciliate this matter with the Trader, and I will provide a further update once we receive the photographs by return email."
Does anybody have photos of the signs there? Also, if OFT can't get my towing money refunded, better off going through QCAT.
"In order to investigate your complaint, where possible, please provide this office as soon as practicable with photographs of the signage on display at the carpark from where your vehicle was towed. This will likely be displayed at the entrance to the carpark, however photographs of any relevant signage on display concerning parking should be provided.
Please note that the OFT does not regulate pricing in Qld and that businesses are entitled to determine their own prices. Accordingly, it is unlikely that the vehicle release fee paid to the Trader will be able to be disputed.
Depending on the signage however, we may be able to conciliate this matter with the Trader, and I will provide a further update once we receive the photographs by return email."
Does anybody have photos of the signs there? Also, if OFT can't get my towing money refunded, better off going through QCAT.
This is the sign on Google Maps. It is rather blurry due to the small size of the signage. Love (Not) the small print; one would need an electron microscope to read the terms and conditions. Very poor signage, almost impossible to read at night due to the black background and position away from any lighting.
Yeah I saw the google street view one. Was thinking the same thing with how small the text is. Would be good to get a day and night photo of that sign.
Hi guys
Following this thread with interest I have recently been stung by those lovely people at elite security (parked in Brunswick sq car park- near enough empty at the time) came back 20 mins later only to find car gone and then had to pay 450 dollars to get it back.
Would love to hear from those who have gone down the QCAT route or from anyone who may be able to help.
Cheers
Following this thread with interest I have recently been stung by those lovely people at elite security (parked in Brunswick sq car park- near enough empty at the time) came back 20 mins later only to find car gone and then had to pay 450 dollars to get it back.
Would love to hear from those who have gone down the QCAT route or from anyone who may be able to help.
Cheers
Hi All
I have recently had a run in with the folk at Brunswick Central, and thought I would post a description here in case this is of use to anyone.
We parked at Brunswick Central around 6:20, and visited one of the restaurants there. At no point did we leave the centre, just straight from the car to the restaurant, then back to the car park around 7, to find our car gone.
Called the tow company straight away, and was told that we would have to pay to get the car back. There was no-one there who could authorise us getting the car back without charge, they only worked 8:30-5.
Spent the next two days calling to resolve the issue. No contact was initiated by the tow company bar the very final call – all communications were initiated by us.
The staff at the restaurant were very helpful, the manager even offered to act as a witness that we hadn’t left the centre.
Our difficulty was that we hadn’t asked for a receipt when we paid for our meal – we went back for one after discovering the car had gone. The receipt therefore had the time of printing on it, which was after the car had been towed. The tow company were not impressed with this.
No proof was offered by the towing company that we had left the centre, they alleged they didn’t have to provide any. At one point I was told they had footage of us leaving the centre, but subsequent enquiry revealed that this was a mistake on their part – they had no footage of us.
Thankfully, talking to the restaurant head-office lead to us getting confirmation of the time of our meal. Sending this to the tow company, along with the contact details of the manager who offered to testify on our behalf lead to the tow company (eventually) agreeing to release our car without charge.
We have recovered the car! No apology from the tow company, but that is quite unsurprising.
To anyone in a similar position, if shopping at Brunswick Central definitely get a receipt for all purchases and keep an eye on your car. We were very lucky to get our car back without charge - I wish the rest of you the best of luck.
I have recently had a run in with the folk at Brunswick Central, and thought I would post a description here in case this is of use to anyone.
We parked at Brunswick Central around 6:20, and visited one of the restaurants there. At no point did we leave the centre, just straight from the car to the restaurant, then back to the car park around 7, to find our car gone.
Called the tow company straight away, and was told that we would have to pay to get the car back. There was no-one there who could authorise us getting the car back without charge, they only worked 8:30-5.
Spent the next two days calling to resolve the issue. No contact was initiated by the tow company bar the very final call – all communications were initiated by us.
The staff at the restaurant were very helpful, the manager even offered to act as a witness that we hadn’t left the centre.
Our difficulty was that we hadn’t asked for a receipt when we paid for our meal – we went back for one after discovering the car had gone. The receipt therefore had the time of printing on it, which was after the car had been towed. The tow company were not impressed with this.
No proof was offered by the towing company that we had left the centre, they alleged they didn’t have to provide any. At one point I was told they had footage of us leaving the centre, but subsequent enquiry revealed that this was a mistake on their part – they had no footage of us.
Thankfully, talking to the restaurant head-office lead to us getting confirmation of the time of our meal. Sending this to the tow company, along with the contact details of the manager who offered to testify on our behalf lead to the tow company (eventually) agreeing to release our car without charge.
We have recovered the car! No apology from the tow company, but that is quite unsurprising.
To anyone in a similar position, if shopping at Brunswick Central definitely get a receipt for all purchases and keep an eye on your car. We were very lucky to get our car back without charge - I wish the rest of you the best of luck.
The towies seem to think (as do the complex owners who contract them) that putting up a tiny sign at the entrance makes this legal practice. In my mind, they are committing a tort of detinue and conversion by their actions (re: MontyCrisco,) and could be sued. This whole racket has become a downright scam and needs to be stopped.
OFT have advised me that they can try and contact them to resolve the matter but if they don't budge then I'll have to go to QCAT.
Soo... I guess QCAT it is then.
Jimmypatto - How's your progress going?
Soo... I guess QCAT it is then.
Jimmypatto - How's your progress going?
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