QCAT didn't accept my email lodgement of form 3 as it needs to be mailed or handed in. I then called QCAT up to just go over my situation and form with them, and the lady said I should be using the form 1 for my reimbursement from ES. She then said if ES don't show up for the hearing, QCAT will just make a decision with or without them. So now I'm not sure. I might call them again...Any thoughts?
That is strange, but looking at the form 1 it does make sense. I would double check with QCAT just to be sure. My application was not knocked back at all, quite the opposite. The clerk behind the desk went out of her way to get things rolling for me. But as per usual with any government agency the employees usually are just as clueless to the system as everybody else.
Nevertheless, you have made an application for a mater to be dealt with by the court and as long as your details are true and correct you should be able to proceed either way, but I would double check with QCAT just to be sure and proceed accordingly. The important this is to not be deterred by the process. It will take time but in the end it will be worth it.
PS. I can say with 100 percent certainty that you can serve the docs by post as the entity is a registered business. Only when you are dealing with a fellow person does the notice need to be hand delivered. I would definitely be speaking with somebody else from QCAT.
My old car has just been towed tonight from Marine Pde. Southport. I have parked in this car park years ago while as a customer of a big bank. Bank has moved and car park is now private. How private I don't know.
Now I am told by the towing company I have to pay $550 to which I disputed and he said $440 is ok but should have been $550. Makes me feel I had a big discount but yet being a target of extortion. I have yet to raise funds so I can collect the car in Nerang.
What do I do?
Now I am told by the towing company I have to pay $550 to which I disputed and he said $440 is ok but should have been $550. Makes me feel I had a big discount but yet being a target of extortion. I have yet to raise funds so I can collect the car in Nerang.
What do I do?
Just received notification of my election hearing. A decision was made for full refund of my tow charge and all costs associated plus the damages I claimed for. Elite security now legally owe me close to 2 thousand dollars.
A bailiff has been appointed to deliver them the good news. I also received a letter from the QLD Premiers office (I sent off a letter to her a few weeks ago with the details) and they have forwarded the complaint to the minister of roads and transport who will be "Looking further into the matter".
I wish you all the same success and can't wait until these guys are all queuing up for the doll like the uneducated, immoral scum they are.
A bailiff has been appointed to deliver them the good news. I also received a letter from the QLD Premiers office (I sent off a letter to her a few weeks ago with the details) and they have forwarded the complaint to the minister of roads and transport who will be "Looking further into the matter".
I wish you all the same success and can't wait until these guys are all queuing up for the doll like the uneducated, immoral scum they are.
That's the best news I've heard all month Jimmy. Great efforts!
I've lodged my form 1 and have now served Elite Security by mail yesterday. Today I'm handing in my Affidavit to QCAT. Guess after that, it's just a waiting game
Meanwhile - Office of Fair Trading got back to me saying they can't do anything. I'm not really happy with the efforts they put into this. I'm not going to let them go that easily.
Guess QCAT is definitely the best way to go. I'll let you all know the outcome.
Cheers,
-------------------------
Hi Jimmypatto,
I haven't read all your notes above, but I'm interested in this decision and decisions like it in Queensland/Brisbane by QCAT.
The reason I ask is because an apparently dodgy tow truck operator ordered me to pay rather over $2000.00 - yes over $2000 - if I wish to get my car (and belongings) back.
It was towed from a private shopping centre and hence not a public road. This occurred within the Brisbane BCC district.
Of course that won't be happening. I felt like having a mini brain freeze at the time he said the amount. I was quite polite to him when I rang (story in trying that too). I said I understood he had my car and asked how much (he wanted) to get my car back.
He must have fought he was into a good thing with his $2,000+++ price.
But he's not as far as I'm concerned.
I maintained enough composure to say I would initiate legal action - for obvious reasons - and which I did actually mean.
He was very nice, of course.
I would like to know basic details of your case, and grounds for the QCAT decision as it sounds it could be quite helpful.
Any info on such QCAT decisions or presidents would be great. Do you know if your case summary is on the QCAT website/case history on the web - eg QCAT or Austli etc??
My car is registered and comprehensively insured.
Appreciate any case info.
This towing group is apparently based on the south side of Brisbane, and has a very different name - a name similar appears to be mentioned on the web as dodgy,
Do Elite Security go by any other names? It's sounds like a different group perhaps.
What's the latest on your contacts with other bodies - eg Fair Trading, ASIC, ACCC, Transport Minister etc?
This dodgy experience seems to amount to car napping and extortion. The demand amount by this tow trucker group is off the scale of course, which is a bit like how I'm feeling now.
Please help, thank you.
Do Elite Security go by any other names? It's sounds like a different group perhaps.
What's the latest on your contacts with other bodies - eg Fair Trading, ASIC, ACCC, Transport Minister etc?
This dodgy experience seems to amount to car napping and extortion. The demand amount by this tow trucker group is off the scale of course, which is a bit like how I'm feeling now.
Please help, thank you.
Hi Peanut,
My situation was similar to most on this thread, ie. My car was towed from a private premises of which I was a visiting patron. These guys operate on the fringe of ambiguous by-laws and their business model relies wholey and solely on people not understanding their rights and giving up.
Remember these guys are liars. It has been proven time and time again. Regardless of what they tell you, they cannot remove a persons vehicle without following legislation. Their usual justification is something along the lines of "if I parked in your driveway would you not want me towed". This of course is nonsense.
The place you parked was no doubt private property but I am sure it is categorized as Commercial premises as apposed to your driveway at home which is private residential. As it is Commercial property and provides un-restricted access to its car park, the owner have a legal responsibility to ensure all legislative requirements are met prior to removing your vehicle. I have attached a link to the commercial property and by-law act in an earlier post.
Back to the topic. Fight them. Take police with you when you collect your car, ask to see video camera surveillance of you leaving the premises-If they provide it you will then be able to prove that no notice of intent to tow was placed on the vehicle before it was removed, if they don't provide it ask them whilst in the company of an officer to release your vehicle and inform them you will be seeking reimbursement for any damages. You're actually fortunate that you haven't yet collected your car as most just fork out the cash to get it back and then spend months trying to recoup funds.
Do not sign anything or provide your drivers licence details. These guys are not authorized to request any official documentation, they are not police, they are a bunch of inbred degenerates with truck licences, nothing more. I wish I had known then what I know now. I have spent a lot of time and effort researching all I can about these dodgy tow operatives.
If you have already paid to have your car released you need to fight through QCAT. this thread has lots of info on what to do and how to go about it. My best advise would be to lodge a complaint with OFT and commence the QCAT process immediately. do an asic search on the company that towed your car and forward every piece of formal correspondence to the address listed and also take photos of everything you send so that you can forward off proof to QCAT.
Fight, mate. And never stop, not even once you get your money back. These pricks need to be thrown in jail.
My situation was similar to most on this thread, ie. My car was towed from a private premises of which I was a visiting patron. These guys operate on the fringe of ambiguous by-laws and their business model relies wholey and solely on people not understanding their rights and giving up.
Remember these guys are liars. It has been proven time and time again. Regardless of what they tell you, they cannot remove a persons vehicle without following legislation. Their usual justification is something along the lines of "if I parked in your driveway would you not want me towed". This of course is nonsense.
The place you parked was no doubt private property but I am sure it is categorized as Commercial premises as apposed to your driveway at home which is private residential. As it is Commercial property and provides un-restricted access to its car park, the owner have a legal responsibility to ensure all legislative requirements are met prior to removing your vehicle. I have attached a link to the commercial property and by-law act in an earlier post.
Back to the topic. Fight them. Take police with you when you collect your car, ask to see video camera surveillance of you leaving the premises-If they provide it you will then be able to prove that no notice of intent to tow was placed on the vehicle before it was removed, if they don't provide it ask them whilst in the company of an officer to release your vehicle and inform them you will be seeking reimbursement for any damages. You're actually fortunate that you haven't yet collected your car as most just fork out the cash to get it back and then spend months trying to recoup funds.
Do not sign anything or provide your drivers licence details. These guys are not authorized to request any official documentation, they are not police, they are a bunch of inbred degenerates with truck licences, nothing more. I wish I had known then what I know now. I have spent a lot of time and effort researching all I can about these dodgy tow operatives.
If you have already paid to have your car released you need to fight through QCAT. this thread has lots of info on what to do and how to go about it. My best advise would be to lodge a complaint with OFT and commence the QCAT process immediately. do an asic search on the company that towed your car and forward every piece of formal correspondence to the address listed and also take photos of everything you send so that you can forward off proof to QCAT.
Fight, mate. And never stop, not even once you get your money back. These pricks need to be thrown in jail.
That's the best news I've heard all month Jimmy. Great efforts!
I've lodged my form 1 and have now served Elite Security by mail yesterday. Today I'm handing in my Affidavit to QCAT. Guess after that, it's just a waiting game
Meanwhile - Office of Fair Trading got back to me saying they can't do anything. I'm not really happy with the efforts they put into this. I'm not going to let them go that easily.
Guess QCAT is definitely the best way to go. I'll let you all know the outcome.
Cheers,
Hi RA02
How did you go with your tow truck case so far - eg with QCAT?
As posted above I have a tow truck car nabbing problem where this dodgy tow truck operator in Brisbane demanded more than $2000++ and that he was keeping my car (and contents) until I paid him. My car is not a bomb or anything, and doesn't look like one. It's a nice looking car which is comprehensively insured.
No one contacts you and they nab your car and no one contacts you, but they think they can effectively steal a good car and demand and extort a great deal of money. It's morally bereft and extreme, but I don't feel it can be legally fair either.
Like entrapment this type of Brisbane tow truck driver knows precisely what they are doing, but Queensland has not outlawed these type of towing operators and dodgy practices yet. He nabs cars and then intimidates and extorts a lot of money. By repeatedly and deliberately failing to contact the legitimate owner well he knows exactly what he doing.
Reckon these practices need to be very clearly outlawed in legislation, including regulations at state, federal and council level. I'd like to join in petitions etc on this and for legislative and regulatory bill to be put government.
Does anyone know if any?
Anyone know any Qld members of parliament working on a bill, or who might be willing to? Seems legislation is well overdue in Queensland against dodgy tow truck operators.
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