Having your car towed for parking in the wrong place can be a frustrating experience, no matter what led to it. For most, this is a very rare occurrence, happening maybe once or twice in their life. So, when it does happen, it can be hard to know how to deal with it.
Since we know a thing or two about the towing industry around Brisbane, we’re going to give you a few pointers to help get your day back on track. We’ll look at who to contact, what to document, the legal limitations surrounding this type of towing and more.
Note: Advice, guidance and regulations below are provided per current guidelines at the time of writing. Please make sure you check the most current version of these regulations in the event of a dispute.
Assess the situation before you take any action
No doubt it can be a frustrating situation but the best thing you can do as an initial response is to look around you. Try to figure out why your car might have been towed, and if so, who would have done it. By law, there must be clear signage for that parking spot or area. You can read more about these requirements in our guide on towing illegally parked cars in Brisbane.
If your car has been towed, there are two different parties that may have arranged for this to happen:
- If you were on a public road or public property, contact your local council.
- If you were on private property (e.g., a shopping centre or office car park), the tow was probably arranged by the property owner or operator.
If you were parked in Brisbane City on public roads when your car was towed, contact the Brisbane City Council on (07) 3403 8888. They’re available 24/7.
If you were towed from private property, you can also call the nearest police station (non emergency number) to locate your vehicle. Tow truck operators are required to inform the police within 1hr of towing your car.
Document everything about the situation
Regardless of whether you think you’re in the right or not, you should document everything before you leave the area. This way, if there is a dispute later, you have clear evidence of the situation.
For example, you should:
- Take photos of exactly where your car was parked
- Take photos of any relevant signage that’s nearby (or lack thereof)
- Write down the time you parked your car and exactly when you returned to it
- Keep a record of who you called, at what time and the names of each person you spoke to
- Record any information or guidance they offer during the process, including why your car was towed, how much it will cost etc
With all of this info recorded, you’ll be protected if things get more complicated. If you were parked illegally, then it should be as simple as paying the charge to have your car released and move on with your day.
Understand your rights and the regulated maximum fees
What many don’t know is that towing operators are heavily regulated these days. What that means for you is that you’re well protected if your car has been towed. It’s important that you know your rights so you can spot if a low quality provider is trying to take advantage of you.
Modern towing operators are safe and trustworthy, so we all urge you to report anyone that may not be following the law. It protects your wallet and our reputation as an industry!
Private property owners must not detain your car in any way
No chains, no boots, no parking another vehicle behind yours to trap you in place. Under no circumstances are they allowed to detain your car.
The tow truck company must be able to produce a signed ‘towing consent’ form
When towing from private property, the property owner must sign a towing consent form, authorising the operator to move your vehicle. This form must be produced by the driver of the tow truck on your request.
Regulated maximum costs after your car was towed from private property
These regulations set a hard cap on what a towing company can charge you both for towing your car and for subsequent storage in their holding yard. You can find this and more info about regulations in the TMR fact sheet for private property parking and towing.
Per the official Tow Truck Regulation 2024
- a tow of a motor vehicle from private property capped at $290.05.
- the on-site release of a motor vehicle from private property capped at $174.05.
- a daily charge for storing a motor vehicle towed from private property to the nearest holding yard capped at $29.00 per day.
Added towing fees are not allowed
Also per the regulations above, towing companies are not allowed to make up their own additional fees and add them to the bill.
For example, per the fact sheet linked above:
- “A private property tow includes 1 hour of working time at the scene, (including taking reasonable steps to locate the owner), moving the vehicle to the holding yard, and 72 hours of storage in the holding yard. The property owner must not be charged in addition to the vehicle owner.
- Call-out fees and other fees such as taking steps to locate the owner, travelling to the place where the vehicle is located, allowing the vehicle owner access to the vehicle at the holding yard (within business hours) and other incidental fees cannot be charged.
- Tow truck operators must not charge more than the regulated fee for a tow of a private property motor vehicle (including not charging the property owner in addition to the vehicle owner for towing the vehicle).”
Notifying Police when a vehicle is towed from private property
As mentioned above, when your car is towed from private property, the towing operator must notify police ‘as soon as practicable’–no more than 1hr after towing.
What this means is that if you’re unable to get in contact with the owner of the private property, you can always call your local police station on their non-emergency number. They will have information regarding who towed your vehicle and where it’s being held.
What to Do If You Believe Your Car Was Wrongfully Towed
If you suspect that your car was towed against regulations, there are a few steps that you should take as soon as possible.
Gather all of the evidence you’ve collected
Ideally, you’ve been following the advice from above and documenting everything along the way. In the case of a dispute, now is the time to get all of these photos and documents in order. Make sure you have everything you need to support your claim.
If you suspect that your car was towed unfairly:
- Collect Evidence: Use the photos and records you documented.
- Dispute the Charge: Contact the tow operator first to ask for clarification. If unresolved, file a formal complaint with Brisbane City Council or the relevant local authority.
- Seek Legal Advice: If the situation remains unresolved, consider consulting an independent lawyer to review your case.
Final Thoughts
Being towed is never a pleasant experience, but by following these steps you can minimize stress and extra costs. From documenting your evidence to understanding your rights and knowing whom to contact, this guide is designed to empower you with the knowledge to handle a towing situation confidently. Stay alert, plan ahead, and remember that prompt action can save you both time and money.
For any further questions or assistance, feel free to reach out to us at WeTow—we’re here to help you get back on the road safely.