QLD Car Towed - Paid to Get It Back

[PeanutLuver]

Suggested Towing fee amounts?

- Common tow fee in Brisbane is maybe $110 to $115 only for main day time hours, and maybe $15 to $20 more for other hours.

 

[muz28]

Question Time from the Qld Parliament today concerning the towing industry. The saga continues .... even allegations of a Labor backbencher being embroiled in the debacle.

***

Tow truck scam complaints were tabled. Shadow Transport Minister Andrew Powell asked the Premier about her stance on the tow truck industry and tabled “a stack of documents” relating to complaints about a towing business linked to controversial Labor backbencher Rick Williams, and queried if it would be investigated.

Ms Palaszczuk said “there has been a lot of complaints” about the industry but declined to answer whether Mr Williams’ business would be investigated.

***

Shadow Education Minister Tracy Davis asked the Premier whether she could guarantee a towing business linked to Mr Williams wasn’t charging “exorbitant fees” to customers.

Mr Williams objected to the question, on a point of order, claiming the question was misleading.
Ms Palaszczuk said she would “be more than happy” to look into the matter.
“It’s a bit rich coming in here, having an allegation against someone without substantiation,” she said.
Ms Palaszczuk said she was unable to read through the 150-plus pages tabled by the Opposition during the question and go through it before the time allocated for her answer.

***

Shadow Police Minister Tim Mander asked the Premier whether Main Roads Minister Mark Bailey had failed to deal with the tow truck industry, despite receiving a complaint by a constituent in Everton Park.

Ms Palaszczuk said the report in the tow truck industry scams, revealed by The Sunday Mail, showed dodgy practices were widespread.

 

[Plaz]

Ok everyone, I've been hit by the same thing, but in this case, it's so outrageous, it's in the paper. Here's the story [paywalled, but link to it from Google News (seach: Pandanus)]

Posted today, still have media involved. What's worse is the QT hotel check-in staff said we can park there upon check-in. So far it's cost me approx 20 hours of my time and a $43 Uber home. It'll also likely be $550 when I eventually pick my car up. Reading everything on this forum, I can't believe this happens in a first world country like Australia, what should I do from a legal point of view? Does QCAT also recover money for my time being wasted and distress?

No Cookies | Gold Coast Bulletin

 

[muz28]

Plaz, the situation with Pandanus Ave Surfers Paradise would be up there as the most deceitful and deceptive place that the tow aways are operating from. The street even has Gold Coast City Council street signs names and road markings at both ends of it. How would the average man in the street (pardon the pun) know that the street was in fact privately owned?

The legal loopholes these vultures are exploiting is in dire need to be closed and private tow aways should be criminalised. With this issue, only the courts, police and councils should have the power to authorise the towing vehicles from private land.

 

[Rod]

from private land.

From private land zoned as retail or Commercial parks open to the public, not residential or industrial. Think of owners corporations trying to remove cars parked illegally, or an apartment owner coming home to find another car parked on a lot the owner has on title. Police will often say it's a civil matter and not want to get involved.

 

[muz28]

Here is the text of the QCAT decision declaring that over-priced towing fees are an unlawful scam being both unfair and a penalty.

Arthur Marcel who is featured in the Nine News story was the applicant).

Adjudicator LeMass states, "there is no damage which can be reasonably complained of and as such, no distress can be levied to justify the retention of the vehicle." This is the case with most of these late night towaways.

http://archive.sclqld.org.au/qjudgment/2016/QCAT16-532.pdf

 

[Rob Legat - SBPL]

I would think someone would have a good case against the towing of a vehicle from Pandanus Avenue, on the basis of the signage I can see from the linked news article. Not only is the signage clearly not sufficiently placed, in that it is not posted on the road itself, it refers to 'carpark' and does not refer to anything that could be described as a road.

Further, there is still Gold Coast City Council road signage up for the road (as stated by Muz28). There is nothing I can see from that which would give any person reasonable indication that the road is not a public road which can be normally parked on. At the very least, it should have a readily visible (and legible while driving) sign which states that it is a private road.

 

[muz28]

Cheers, Rob Legat. Former Gold Coast Mayor and current Division 7 Councillor Gary Baildon didn't mince his words on what he would like to see happen to the cowboy towies ... "put them in jail and throw away the key".

The points made in the Arthur Marcel v Cactus Towing claim exposes the whole scam for what it is, unlawful, and the difficulty of relying the self-help remedy of distress damage feasant in relation to the technical trespass on land by a vehicle.

Just like one is not allowed to shoot a burglar on sight, towies should not be allowed to "steal" the supposed violator's vehicle and demand an arbitrary and extortionate amount of money for its release. The sooner this practice is criminalised, the better!

 

[Tahlia Matthews]

I have had my car towed last month in brisbane west end. Recently Qld Govt has set up an enquiry into dodgy towies, and want the public to call if they've experienced unfair conduct (e.g. exorbitant charges to release a car maybe.....) I will be calling and giving all details and enquirering about my rights as it would be amazing to receive a refund!

The hotline number is in the media statement:
Hotline set up to help gather towing complaints

 

[muz28]

Inside an $800k tow truck sting - Story from the Sunday Mail 14.05.2017

Motorists at a private inner-city carpark were spied on and trailed by “spotters” paid hundreds of dollars a week to covertly tip-off an awaiting tow truck in a scheme raking in $10,000 a night.

No Cookies | The Courier Mail

Crunch time for tow truck companies

No Cookies | The Courier Mail

Tow truck cowboys are facing a crackdown as State Government moves to stamp out shady tactics

No Cookies | The Courier Mail