QLD Car Towed - Paid to Get It Back

[Parvone]

Exactly the same thing happened to me on Thursday night 14th April 2016, when my car was towed away outside 39 Merivale St, West End. It was late at night so it wasn't as if customers were using the building. In fact, the building is a disused office space with a sign out the front giving the address of where the business had been relocated.

I rang the number listed on the no parking sign and someone said to come to pick up the next day. When I went to the Albion Address of Cactus Towing, it was indeed just like Fort Knox. No business name, hessian sacking around the fences, razor wire, and a padlocked gate to the office area well to the back of the property. The price for release was $550 with an extra after hours fee bringing the total charge to $660 with extra charges to be incurred for every day I left the car in their yard.

I explained that I was a single 69-year-old. pensioner and my pension per fortnight was only $530. I also told him that I had rung the Office of Fair Trading and they had advised me that the Benchmark of Towing in the case of the car being involved in an accident was $293.80 (2013). He replied that it is much more difficult to remove a stationery car than a car in an accident because sometimes the tyeares are at an angle and sometimes people leave their handbrake on!

There was nothing on the receipt to show that my car was illegally parked; the charge was for towing only. This is an obvious rort and I would be keen to join any class action to stop these thugs and highway robbers getting away with such a scam as this one.

 

[Jayctee]

Exactly the same thing happened to me on Thursday night 14th April 2016, when my car was towed away outside 39 Merivale St, West End. It was late at night so it wasn't as if customers were using the building. In fact, the building is a disused office space with a sign out the front giving the address of where the business had been relocated.

I rang the number listed on the no parking sign and someone said to come to pick up the next day. When I went to the Albion Address of Cactus Towing, it was indeed just like Fort Knox. No business name, hessian sacking around the fences, razor wire, and a padlocked gate to the office area well to the back of the property. The price for release was $550 with an extra after hours fee bringing the total charge to $660 with extra charges to be incurred for every day I left the car in their yard.

I explained that I was a single 69-year-old. pensioner and my pension per fortnight was only $530. I also told him that I had rung the Office of Fair Trading and they had advised me that the Benchmark of Towing in the case of the car being involved in an accident was $293.80 (2013). He replied that it is much more difficult to remove a stationery car than a car in an accident because sometimes the tyeares are at an angle and sometimes people leave their handbrake on!

There was nothing on the receipt to show that my car was illegally parked; the charge was for towing only. This is an obvious rort and I would be keen to join any class action to stop these thugs and highway robbers getting away with such a scam as this one.

That is a classic example. "Cactus Towing" - the name says it all - and they probably have a great laugh at our expense !

 

[JohnMerivale]

Ok moderators this is a rather important post and for all intensive purposes to organise anything we need to exchange personal details. How do we do that and still comply with your Ts and Cs?

 

[JohnMerivale]

Ok to everyone affected, I cannot disclose any form of contact details or identifying details, however, there's facebook page titled "Cactus Towing" in which things can be discussed with identifying detail. Cactus Towing

Please if you have been affected please visit the page.

 

[Daniel Myers]

Dear John

If you had any sort of background regarding the law then you, yourself would know you are doing nothing but giving these people false hope. What we do is legal and has been proven plenty of times before. My company provides a service to property owners, tenants and body corporates who have the right to have any unauthorized car removed from their property.

This is very much the same as myself parking my car in your driveway and leaving. Would you be pleased about this when you returned home? Your lights were off at night so I figured it would be ok, I didn't know that you planned on working late and now can not access your own property. Does that make it ok? No, it doesn't. It's trespass.

You have started a witch hunt and given out my personal details for what? All you're doing is slandering me and blaming me for the work of other companies as well. I can see on here comments regarding 3 other towing companies but it's all being thrown upon me.

So many comments on here with the wrong information. Let me help you.

The company is Cactus Towing Pty Ltd
The Abn is 92601923755
And, yes, it is registered for GST have a proper look.

Perhaps you need to have a look at the definition of deformation John.

I thank you for creating your Facebook page about myself, it meant that I was able to forward your direct contact details to my solicitor. I have given him instructions to commence legal proceedings against you, John.

To everyone else on this forum, it's unfortunate you were towed but that's the risk you take the car parks are well signed and the cost is on the sign. No, we do not fall under the tow truck act. You were illegally parked not in an accident.

Sincerely

 

[JohnMerivale]

Hi Daniel Myers,

Regarding Correspondence sent at 2:43pm 20/04/2016.

No reason to be concerned, after all, you suggest that what you're doing is entirely "legal" and therefore, any form of regulatory inquiry is surely just like water off a duck's back. My allegations and that which you have inappropriately suggested is deformation (I presume you mean to refer to the Tort of Defamation specifically libel of which you allege that I have engaged in) is purely to do with the circumstances of which I have evidence and more, importantly, I have made no such allegations or blame for the work of other companies as you have suggested. I speak of your actions and yours alone.

Now to anyone reading this forum quivering in fear at the thought of what Daniel Myers may do to me or anyone else who dares speak the truth - don't worry! This is a man of big words and little actions.

In fact, to make sure that all people who have been affected by your immoral conduct, Daniel Myers, don't start believing your empty threats. I will keep everyone updated as to when your solicitor has "commenced legal proceedings" against me.

Unless, of course, this is just another empty threat. The ball is in your court Danny Boy!

Kind Regards

 

[James Tyson]

Just a heads up guys, I tried to get my money back for a similar case but after trying and spending money left, right and centre, I ended up back where I started, only poorer than I first started. The property was signed and my argument failed me as I was in the wrong for parking in a private property trying to save myself a measly $16 for parking. I personally wouldn't recommend wasting money, especially if you're not financially fit to do so in the first place like myself.

You may also be aware of the council and police tow aways? A similar scenario I discovered. All cars towed are reported to police once towed, thus making it impossible to break the law without being investigated as the police have a record of it being taken out.

And P.S. John, starting a facebook page named after his business is probably not a smart move and I would remove it.

 

[JohnMerivale]

Hi James I find that hard to believe!

Tell me about the time that you parked in the wrong location and had your car towed? What was the name of the company that towed your car? Also, let's hear about the court documents you lodged. What types and how much did they cost? What was the location of your tow?

For everyone's information, if "James Tyson" does not answer these questions then do not trust him as a source of information.

 

[James Tyson]

I will be glad to supply all this information, but I don't wish to post personal information on a public forum. My car was towed from Fortitude Valley back on Friday the 4th or March. and I was charged $660 like everybody else, and forced to catch a cab to the holding yard in Albion as I did not have any transport available.

I have been on this forum since just after the event took place if you scroll back, you will see when I first posted. I appealed this issue through QCAT and when I attended, I lost a day's work as well as the three days preparing it. When I arrived to QCAT, I was greeted by Daniel with photographs or my car and the position it was towed, a copy of the contract from the body corporate of the property I was towed from and a copy of the police report made on the night.

What is the name of the law firm you work for? I just don't think a gmail email account is very professional and I'm starting to question your actual career.

 

[Jayctee]

Re the towing of our car from Carina shopping centre on 15 April by Brissy Towing.

The signs read "Customer Parking Only". My wife made purchases at the Chemist and the Lifeline shops, and an enquiry at the travel agent. We have a receipt.

At the Real Estate office, I had a discussion with the office secretary about a property that was featured in the display window. I am sure I could raise a "Stat Dec".

I believe that we are "Customers" of the shopping centre and entitled to park there.