QLD Car Towed - Paid to Get It Back

[muz28]

State gov't inquiry to scrutinise 'outrageous' Queensland tow truck industry.

I would have to agree that the story of a mother dropping back to her unit very briefly to get something upstairs with her baby in the car is the most horrific I have heard. The mother parked in a commercial zone next to her unit and she came back to discover that her car was being hooked up to be towed by one of the vulture operators after only one minute. Attempted kidnapping anyone?

The other case at the top of the pile is the towing (stealing) a woman's car with very young kids at night in the valley and threatening and abusing her and not even allowing her access to her car to get her purse just reeks of injustice. This was a very dangerous and scary situation for her and certainly not a fitting outcome for incorrectly parking in what is an extremely confusing area for motorists to negotiate.

The ones lacking any humanity whatsoever are the creatures that towed a poor rural family's car from a vacant lot (no signs either saying it was, in fact, private nor a tow-away zone) near the Ronald McDonald House in Herston. They were there barely 10 minutes while they were checking into Ronald McDonald House with their critically ill son for his hospital treatment when their car was towed. The child's medications and all of their bags were still in the car.

The reason they parked there was there was an accident out the front of Ronald McDonald House and the street they could have parked in was blocked with two (regulated accident) tow trucks. The shark towies nor the owner didn't care what the circumstances or their reasons were when contacted and treated the poor mother like crap. The mother managed to scrounge up just enough money to get the car back including her sick child's medications. These scumbags took (extorted) much-needed money from an already struggling family with an ill child.

This pretty much sums up the level of disgust they present.

Brisbane Times Story: State govt inquiry to scrutinise 'outrageous' Queensland tow truck industry

 

[Tim Finn]

Hi Tim, can you please contact me at [Redacted by Moderator - Contact Information]

Hi Mel, not sure how to msg or contact you?

Cheers

 

[muz28]

Former judge appointed to lead crack down on unscrupulous tow truck operators

Cabinet has endorsed retired District Court Judge Michael Forde to lead an independent three month investigation into the towing industry after the extent of the intimidating tactics and shady practices by ‘shark’ operators was recently exposed.

Minister for Main Roads and Road Safety Mark Bailey said the scope of the investigation would focus on the removal of parked vehicles from private property and roads and what regulatory reform could be undertaken to clean-up the industry.

“The practice of removing parked vehicles on private property by tow truck operators is not currently subject to regulation and is causing considerable community concern,” Mr Bailey said.

“These unscrupulous practices within the industry have to stop, we’ve had a gutful, the public has had a gutful and that is why the Palaszczuk Government has acted swiftly.

“I look forward to speaking further with Mr Forde to discuss how he will incorporate input from the community, key government agencies, and industry stakeholders in his investigation.”

The scope of the investigation will include whether:

• minimum standards should be established for signage in private parking
• fees and charges for towing and storage should be capped
• there should be restrictions on the maximum distance which a vehicle may be towed from where it was first parked
• there is a need for consumer protections such as limiting predatory practices and acts such as 'spotting'

“This has been an issue that has challenged many governments due to legal complexities but clearly something needs to be done to clean-up the unregulated side of the industry,” Mr Bailey said.

“Mr Forde brings the legal expertise we need to address these challenges.

“We must bring this industry into line with community expectations and an independent investigation is the best way to do this.

“I want to thank the community who have called the 1800 681 636 hotline. Your stories will ultimately help make a change for the better. We’ll be leaving this hotline open as part of the consultation process for the investigation.”

As at 2pm 15/05/17 - TMR has had 339 calls to the towing complaints and enquiries hotline in the past week. Of these callers, 250 have lodged official complaints. The bulk of the complaints relate to entities which are not currently accredited under the towing Act.

Complaints raised include the inadequacy of the parking signage used, the level of towing fees being charged, which reportedly range between $400 and $1000, vehicle owners being left stranded, and at times intimidating behaviour of the tow truck drivers and company.

The top two hotspots so far are:

• Fortitude Valley, Albion, Newstead (37%),
• Ascot, Hamilton, Eagle Farm (15%)

Mr Bailey said the aim of the investigation would be to reach a balance between what is fair and reasonable from a community perspective and a property owner’s right to remove vehicles parked without permission on their property or against signed parking conditions.

TMR will provide the secretarial support for the investigation. Mr Forde will report back to Government with his findings within three months.

The full Terms of Reference for the investigation is available online: http://www.tmr.qld.gov.au/-/media/b...uck/Terms-of-Reference---Tow-Truck-Review.pdf

 

[muz28]

Inhuman to see KRS Towing, towing women escaping and assisting with Domestic and Family Violence (WAVSS - Working Against Violence Support Service) because of the confusing car parking signage. The towed cars end up in a yard some 30km away in the inner Northern Brisbane suburb of Herston.

Here is the situation:

There are two semi-industrial units on 6 & 8 Blackwood Road, Logan Central that are positioned side by side, they share an easement driveway between them. WAVSS is the unit on the left, the unit on the right is vacant.

Here is the link to the site on Google Maps, this was taken very recently and is still accurate today.

There is a small entrance sign is on the left of the shared easement driveway warning that this is tow away area; all the people I spoke to think that the tow away area is applicable to the whole area, both units, but in fact, the tow away area is only applicable for the property on the right. The signage doesn't explain what unit the term "premises" is actually relating to. Very deceitful and misleading wording and placement of the signage. Surprise, surprise!!!

All the signage says is, "WARNING - Authorised Parking Only Whilst on Premises - 24hrs 7 days - (In very small writing it has) All other Vehicles Will Be Towed Away - Minimum Cost $660. To retrieve your vehicle call *** Try reading that on Google Maps!

This situation with the tow aways here is clearly the most disgusting I have found out about so far; women coming seeking assistance after being bashed up by their partners only to have their car stolen, most likely damaged and held for ransom by these goons is inexcusable. Somehow these low life creatures can keep operating like this unabated until the laws in Queensland change. I am totally livid.

 

[PeanutLuver]

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

Hi Plaz,

Yes its an old problem in Qld which consecutive state governments have not addressed through legislation for many years - which is surprising and disappointing.

Once you get a favourable minor debt decision from Qcat for a refund and expenses - apparently you can then apply to Qcat for an enforcement order if the Towing operator does not pay you.

"Jimmypatto" describes the process in earlier pages of this thread - about around page 26 if this thread etc I think.

Once you get the enforcement order from QCAT to pay you apparently you can take it to the Magistrates Court to kick start another process whereby it can involve a registered Sheriff being authorised via Mag Court decision/s - not exactly sure what's involved but apparently if it gets to that point Sherriffs can chase them and take their property to sell to get creditors money back.

There will be paperwork and some extra fees to go through this process. Who knows how long something like that might take.

Sounds like victims would have to be very persistent to get things to that point.

Actually getting your money back off the Towers is going to be a problem most people here probably face - as many Towers are likely to simply ignore communications and avoid paying people back. They will make themselves uncontactable etc etc.

This is another key issue for the state governments legislation to try to address - what they can do about this aspect to actually get back money for victims (who this happens to prior to new legislation being enacted) remains to be seen. This aspect may be a tricky legal dilemma for government.

So the longer the government takes to enact any clear legislation (including specific regulations) the longer there will be more victims who may never get paid back. Our governments rarely seem to make legislation changes retrospective, although it would be really nice with these dodgy extortionists wouldn't it.

 

[PeanutLuver]

The more I think about it the more I feel

- all of the Tow operators (families, directors, etc) and tow truck drivers, and properties/"storage" sites involved in these practices should all be banned under legislation from any type of Tow truck driving or business.

- it would be nice if they could also be charged with some type significant offence/s under the coming legislation (not just fines or minor fines).

In terms of future legislation options

- The more I think about the wisdom of letting any private Tow truck driver/operator touch or remove anyone's private vehicle at all ????

- Should they be allowed to keep your car at all - what if Towies still operate in a dodgy fashion - is this then a thief the of your vehicle and contents, and do they get charged with theft and also extortion? Why shouldn't they be?

- they should never be allowed to keep any vehicle contents

- Maybe only government officers should be able to? Eg local Councils perhaps (or else Police)??????

- Would a fee / fine type charge be a better idea? If so who should be able to and how, and for what types of private property? There would be issues around such an option as well?? Would this be open to abuse unless it was done by government / workers? Perhaps some larger shopping centres / accommodation blocks could use such an option though how to prevent abuse of such a process & who gets the money? I think they can at the major airports but it on federal government land so it's rather different I guess (not sure how it works either).

- Should they have to contact you first before your car is towed (as Brisbane City Council must first do before Towing your car)?? There maybe occasions where this is very appropriate.

- could some business car parks have electronic gates or fences or something else instead

- ????

 

[PeanutLuver]

When they put new legislation in for this I just don't see how can work without the very same types of things continuing to happen, if they allow private towing companies to continue to Tow people cars from private / business property really.

Don't think private (non-government) owned Tow operators should be allowed to touch or tow cars without the written consent of the vehicle owner.

If they were there would still be a bunch of dodgy practices and similar problems - even if it was for lessor amount of money.

 

[Rod]

Don't think private (non-government) owned Tow operators should be allowed to touch or tow cars without the written consent of the vehicle owner.

Then all you do is create a problem for land owners. Land owners have a right to remove other people's personal property from their land. How would you feel if your neighbour started to use your carport because he doesn't have one and police are not interested in helping because they are too busy catching people going 3 kmh over the speed limit?

The issue is limited to public parking and commercial car parks. Keep any proposed law limited to those situations.

 

[PeanutLuver]

Then all you do is create a problem for land owners. Land owners have a right to remove other people's personal property from their land. How would you feel if your neighbour started to use your carport because he doesn't have one and police are not interested in helping because they are too busy catching people going 3 kmh over the speed limit?

The issue is limited to public parking and commercial car parks. Keep any proposed law limited to those situations.

Hi Rod,

Yeah, on the commercial aspect - I agree - it goes without saying the discussions in this thread are about private commercial property - that's for sure.

The point you raise about private residential property - is another matter/type again - but which I imagine would be rare in occurrence. However, a private landowner may or may not have the right to touch/tow/remove/retain/sell another's vehicle - its another grey area I would think.

If a neighbour did that I would first ask them what happened and if something was wrong, failing that I would call the police. The dilemmas are similar - where is the consent to touch or tow the car, where does the car get towed to, what happens to the car then, what tow company do they use (a good one or a dodgy one - the more legit tow companies don't like this stuff apparently), what is the cost and who pays, how does the neighbour know where the car is, does the neighbour then go to court etc etc.

But at any rate, this thread and the current Qld law review is about parking on commercial property.

From the large amount of law reading I've done around this topic - its not clear to me that landowners do have a generic right to remove, touch, keep, or sell others property from their land. It may well be quite situation specific also - eg type of property (eg cars), whose it is, why/how its there, any statute law etc. This is one of the dilemmas - its a big fat grey area and a big loop hole that is confusing but also gets expired.

Right now in parts of Brisbane and Qld the landowners using these towers, and these tow operators are creating a big problem.

 

[PeanutLuver]

"This is one of the dilemmas - its a big fat grey area and a big loop hole that is confusing but also gets expired."

- typo error above - the word "expired" was meant to be "exploited"