QLD Car Towed - Paid to Get It Back

[Jimmypatto]

Hey Ra02,

Good work mate! I currently am waiting to hear back from QCAT. I have served notices twice now to Elite Security but both were ignored (not surprised). So I have since filed a Request for Default Decision - Basically the court considers the facts and rules accordingly.

As Elite Security has made no effort to respond to the original serve notice, I am pretty confident Ill receive a favourable outcome. I'm also seeking compensation for damages to my vehicle, interest and all associated legal costs. I strongly recommend this course of action. The Admin Clerk at the Magistrate also told me - not sure if she really was allowed to - that numerous applications against them had been lodged over the last few weeks.

That makes me happy. Also I have been informed that the OFT is pausing their investigation until the QCAT ruling has taken place. But believe me, whatever the outcome I will be straight on the phone making sure they continue where they left off.

On a side note:

I have also lodged a complaint to the OFT against the property manager of Central Brunswick. I won't say his name as it will be deleted anyway, but at the end of the day he is the scumbag that signs off on the tow and takes his cut off the top.

I actually called him on his listed number and questioned how much of a kickback he was getting from these immoral tow companies, his answer "hahahahaha enough to feather my nest". What a leach. But it got me wondering how much his nest must actually be worth.

So with a little help from ASIC and Google I was able to discover just how much his "nest" located at: 16 Rochester Tce, Kelvin Grove - was worth it... Jump on Google, people and have a look, or maybe just pay him a visit and ask him yourself.

 

[Catts]

Nice work jimmy. I think I know the fella you're referring to from the body corporate. Won't mention his name but I think his surname might rhyme with spleen!

I'm weighing up my options as to filing a form 3. Was considering filing against the body corporate as well as Elite Security.

It would be great if you could offer any help on this. Many thanks

 

[Jimmypatto]

Haha, rhymes with spleen.. Got it in one Catts. Also referred to as the slug with a silver tongue.

As for the Form 3, I would send that to ES as they are the ones that you will be seeking to recover funds from. But please be sure to report "spleen" to the OFT as he is the director of the business that authorises the tow. Whilst it may be considered private property and they can have the vehicles towed, there is state legislation in place which they must abide by. ie. they must place a "notice of intent to remove" on the vehicle and leave it there for a certain period of time before towing.

I see a lot of people on here stating that a common response from the ES is "we have you on security footage leaving the property", Well ask to view the security footage? If they refuse, ask again. If this footage does actually exist it will also prove that no notice was ever placed on the vehicle...

So in short, the property manager is endorsing a company that is operating outside of state legislation and therefore the law. Unless the vehicle is towed under emergency circumstances, the laws must be followed. Complain to the OFT and reference the Queensland Property Law ACT of 1994.

Hope this helps,

The more of us that do this, the quicker crooks like spleen will be behind bars.

 

[Ra02]

Hey Jimmy

Thanks for all your help mate! You're a legend.

I'm doing up my QCAT form 3 now. Just reading the 'check list' down the bottom of form 3, it has:

"Was there an agreement between the parties about payment of the amount?

If there was no agreement about the debt in question, you are unable to lodge a minor debt
dispute application. You may need to get legal advice or contact your local Magistrates Court
for more information."

I'm just thinking, there wasn't an agreement as they will never agree to pay me back the towing collection fee. I have emailed Speen's company who never replied and called up Elite Security who said exactly as above they won't refund and won't show footage.

So what should we do for this 'agreement' checkbox?

Cheers

 

[Jimmypatto]

Hey Jimmy

Thanks for all your help mate! You're a legend.
I'm doing up my QCAT form 3 now. Just reading the 'check list' down the bottom of form 3, it has:

"Was there an agreement between the parties about payment of the amount?
If there was no agreement about the debt in question, you are unable to lodge a minor debt
dispute application. You may need to get legal advice or contact your local Magistrates Court
for more information."

I'm just thinking, there wasn't an agreement as they will never agree to pay me back the towing collection fee. I have emailed Speen's company who never replied and called up Elite Security who said exactly as above they won't refund and won't show footage.

So what should we do for this 'agreement' checkbox??

Cheers

Hey Mate, the checklist is not required for submission but the Tax Invoice from ES that you received after you paid is all you will be required to provide should it be requested.

 

[Jimmypatto]

Brisbane City Council: Enforced regulations on vehicle towing from private property

Hey everyone, please sign the petition I have just created on change.com. If we get the numbers the council has to listen.

 

[Ra02]

I've just lodged my QCAT form 3. As soon as one of us gets our money back from these scumbags, then there will be legal precedent for anyone going down this track.

I've also just signed the above petition, great to see people are taking a stand.

 

[Catts]

Haha, rhymes with spleen.. Got it in one Catts. Also referred to as the slug with a silver tongue.
As for the Form 3, I would send that to ES as they are the ones that you will be seeking to recover funds from. But please be sure to report "spleen" to the OFT as he is the director of the business that authorises the tow. Whilst it may be considered private property and they can have the vehicles towed, there IS state legislation in place which they must abide by. ie. they must place a "notice of intent to remove" on the veicle and leave it there for a certain period of time before towing. I see a lot of people on here stating that a common response from the ES is "we have you on security footage leaving the property", Well ask to view the security footage? If they refuse, ask again. If this footage does actually exist it will also prove that no notice was ever placed on the vehicle...

So in short, the property manager is endorsing a company that is operating outside of state legislation and therefore the law. Unless the vehicle is towed under emergency circumstances, the laws must be followed. Complain to the OFT and reference the Queensland Property Law ACT of 1994.

Hope this helps,

The more of us that do this, the quicker crooks like spleen will be behind bars

Top stuff Jimmy, I will be reporting spleen to OFT tomorrow. Just interested in how you went about serving ES? I spoke to a woman at QCAT who gave me the impression that you (or a process server acting on your behalf) has to do it in person at the registered business address ( I have a friend who is going to find me their HQ through an ASIC search). Though you suggest in an earlier reply that you sent it through registered post?

Be grateful if you could clear that one up, I would rather not go in and do it in person as I can imagine the type of person who will be working there!

 

[Jimmypatto]

Top stuff Jimmy I will be reporting spleen to OFT tomorrow. Just interested in how you went about serving ES? I spoke to a woman at QCAT who gave me the impression that you (or a process server acting on your behalf) has to do it in person at the registered business address ( I have a friend who is going to find me their HQ through an ASIC search). Though you suggest in an earlier reply that you sent it through registered post?
Be grateful if you could clear that one up, I would rather not go in and do it in person as I can imagine the type of person who will be working there....!

Hi Catts,

As the entity is a business you do not have to serve in person, what you will need to do is obtain an ASIC report (which you are doing) and file an application for substituted service at the same magistrate you lodged the form 3. This is free and only takes a few mins. I think the time for this to be approved is about 5 days but you can send the Form 3 vin the post immediately after filing.

You will have to wait allow ES thirty days to respond so the application for substituted service will be approved with plenty of time to spare. I'ts also a good idea to file an affidavit of service as soon as you can. You dont have to do this but it will speed things up later...

Make sure you send the Form 3 to the address listed on the ASIC search (115 Breakfast Creek Road, Newstead). After 30 days has elapsed and if you haven't received a response (you most likely won't) file a Form 6-Request for Decision by Default.

Then you wait.. It does sound like a lot of work but its mostly just a waiting game. With any luck you'll speak to a more helpful person at QCAT next time.

Make sure you estimate all the time you have spent and claim it as a monetary value on the Form 6. As well as all costs for filing forms, ASIC Searches, damage to vehicle, basically everything. Its the only way to beat these crooks.

Also Catts, for all the others here in the same boat. Would you mind posting your ASIC search findings. This will help others on this post expedite their process. I wish I had the forethought to do this when I conducted mine two months ago.

Don't give up!

 

[Catts]

Hi Catts,
As the entity is a business you do not have to serve in person, what you will need to do is obtain an ASIC report (which you are doing) and file an application for substituted service at the same magistrate you lodged the form 3. This is free and only takes a few mins. I think the time for this to be approved is about 5 days but you can send the Form 3 vin the post immediately after filing. You will have to wait allow ES thirty days to respond so the application for substituted service will be approved with plenty of time to spare. I'ts also a good idea to file an affidavit of service as soon as you can. You dont have to do this but it will speed things up later...

Make sure you send the Form 3 to the address listed on the ASIC search (115 Breakfast Creek Road, Newstead). After 30 days has elapsed and if you haven't received a response (you most likely won't) file a Form 6-Request for Decision by Default.
Then you wait.. It does sound like a lot of work but its mostly just a waiting game. With any luck you'll speak to a more helpful person at QCAT next time.

Make sure you estimate all the time you have spent and claim it as a monetary value on the Form 6. As well as all costs for filing forms, ASIC Searches, damage to vehicle, basically everything. Its the only way to beat these crooks.

Also Catts, for all the others here in the same boat. Would you mind posting your ASIC search findings. This will help others on this post expedite their process. I wish I had the forethought to do this when I conducted mine two months ago.

DONT GIVE UP!

Thanks Jimmy

Quite a few papers to sign it would seem. I can see why it might deter people from filing a claim. In terms of my ASIC findings, interestingly ES's registered address is level 54 111 Eagle ST. This is just a virtual address though and the company do not have premises there.