Tow-truck fines can be fought

MOTORISTS whose vehicles are towed from privately owned shopping centres for illegal parking should not hand over cash to the towies, warn lawyers.

A special report in the Bulletin yesterday revealed spotters at a Parkwood retail centre opposite the Gold Coast University Hospital were calling tow-truck drivers to remove illegally parked vehicles.

A Pacific Pines family handed over $700 to get their two cars off a truck, many other motorists paid $440 at the towing depot while others had been in fights with the dobbing traders on the footpath.

But emergency workers called to disputes, along with lawyers, suggest motorists can fight the fines.

Tow-truck operators may be able to move cars from private property but they do not have a legal right to ask for payment.

The fine advertised on signs has no legal basis.

Drivers should dispute the claim with the body corporate representing the commercial centre rather than hand over any cash.

“The obligation isn’t on the motorist to pay the tow-truck operator,” an emergency worker aware of the operations said. “It is on the centre manager to recoup the money.

“Obviously the first thing is you shouldn’t be parking on private property. But you need to go to the body corporate or whoever manages the shops.

“It’s a matter for you then on whether you pay it.”

Southport lawyer Bill Potts agreed but urged concerned motorists to consider lobbying their state MPs to reform laws to stop the tow-truck raids.

“The simple reality is this type of behaviour in my view amounts to barely lawful extortion,” he said.