QLD: Towing from Private Carparks

Offences committed outside Victoria
MurrayW
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Joined: Sat Feb 28, 2015 12:08 am

QLD: Towing from Private Carparks

Postby MurrayW » Fri Jun 12, 2015 4:21 am

One topic that comes up from time to time in Queensland is the issue in regards to tows from small shopping center carparks and the large and totally disproportionate amount that are imposed by Queensland Parking Solutions and like cowboy towing company's that sting motorists to retrieve their cars once they have been towed. The one mentioned is charging a whopping $480.00 at least to retrieve a towed car. Motorists are being held to ransom by these grubs.

I have been made aware of a racket going on at shopping center at 660 Brunswick Street New Farm concerning Queensland Parking Solutions. Tow truck drivers there are lying in wait the moment drivers put a toe out of the complex at night, they load up their car and tow it away to Coopers Plains which is quite some distance away. As usual mistakes are made by the spotters and innocent motorists cars are towed as well.

The small sign at the entry is green and red on white is quite difficult to read when in a car, and the signage if not lit for motorists at night. On the shop side, the signs are high up, under the edge of the awning, all in conveniently small font and not lit directly at night. I would suspect they would have no or very poor evidence that the person even left the site in the first place.

They think they are a law unto themselves by believing they can do what they want because "it's written over there". I think they are contravening the act in a number of places and they are profiteering from people who've made a mistake or didn't notice the signage when it's dark.

http://www.legislation.qld.gov.au/LEGIS ... uckR09.pdf

https://www.google.com.au/maps/@-27.463 ... 7Zk2sg!2e0

Sean, in your expertise what "authority" do tow truck drivers need to tow a car in Queensland apart from the owner or their agent to tow a motor vehicle? Is it the land owner (Who would need to sign the actual "Authority to Tow" Form), the police or is it free for all like these vultures seem to think it is? They don't have specific permission for an "Authority to Tow" a particular vehicle but had a general authorisation from the complex owners.

Queensland Parking Solutions seem to think (as do the complex owners who contract them) that putting up a few signs makes it legal practice. In my mind they are committing a tort of detinue by their actions or even arguably they could be charged with theft of a motor vehicle. It might entitle them to tow the car to the street but not take it 20 kilometres away and demand a king's ransom for its return is a downright scam and needs to be stopped.

Hardy
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Re: QLD: Towing from Private Carparks

Postby Hardy » Sat Jun 13, 2015 2:10 am

It would take me some time to research the answer to that one.

If it is anything like victoria then an authority to tow is required only for towing an accident damaged vehicle away from an accident scene.
You will need to check the Tow Truck Act to work that out http://www5.austlii.edu.au/au/legis/qld ... ta1973144/
The answer lies in checking to see if power to hold trespassing vehicles (distress damage feasant) has been abolished in Qld. You might find that here:
http://www.austlii.edu.au/cgi-bin/sinod ... /s135.html

Looks like they are entitled to tow the vehicle away - with or without signs up - but if they don't hand it over free of charge then it is theft of motor vehicle.

MurrayW
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Joined: Sat Feb 28, 2015 12:08 am

Re: QLD: Towing from Private Carparks

Postby MurrayW » Fri Jun 19, 2015 2:48 pm

Thanks Sean, its is a very murky grey area these towies operate in, no wonder the "legitimate" ones steer clear of this work.

"Distress damage feasant" has been abolished in Qld too.

Even if the guys "were" entitled to seek remedy, the the first 50km for a tow the charge should be $314.75 in QLD ... yet these vultures are demanding $480.00 for a tow ... interesting.

Then the old story as in Private Parking breaches would apply here,they would have to go through QCAT and identify the driver ... and that's would only just the start for them. Cheers !!!

Gravy
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Re: QLD: Towing from Private Carparks

Postby Gravy » Mon Jun 22, 2015 12:16 pm

I'm not sure it's even murky - it seems pretty straight forward to me. Distress damage feasant is specifically denied and in any case, driving into a car park with signs at the front of it does not (as far as I'm aware) meet the definition of express consent. If my vehicle were towed in these circumstances, I'd be calling the police.

freddie
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Joined: Mon Jan 24, 2011 10:09 pm

Re: QLD: Towing from Private Carparks

Postby freddie » Fri May 20, 2016 9:27 pm

There was one of these last night on ACA

Charging $660 for a tow from a car park space in front of a deserted shop. Reduced to $550 if they paid on the spot, the car hadnt even been moved an inch when the undercover reporter/owner turned up.

Seeing as private car parks in VIC are not allowed to fine people and can only charge liquidated damages for breach of contract, how can these counts in QLD get away with charging people $660 for stealing their car?


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