TOWAWAYS & TOW FEES – FAQ
These are opinions only and not necessarily legal advice. See your own legal advisor for correct legal opinion
Can my car legally be towed from private property?
Yes. New Zealand Common Law (Distress Damage Feasant) and Trespass, others including Contractors Liens Act, allow for removal and detainment of the offending vehicle until all costs have been paid. This is recognized by the N.Z. Police, L.T.N.Z, Transport Services Licensing act 1998, N.Z. Justice Dept etc.
What constitutes unauthorized parking?
Parking contrary to any rules and instructions of the site. These can include but not limited to: NZ Traffic Regulations and Laws (N.Z. Road Code), Unauthorized Parking (Mobility spaces, B.Y.Ls, no parking areas), No valid permit (Mobility, expired, fraudulent, false etc). Failing to Comply with posted rules. (Blocking Access, Causing Damage etc) Direct Warning Signage (Private Parking, No Parking, Authorized Parking etc), or any other breach of rules and safety.
What’s the difference between private and police/council tows?
Police, Local Authority and Court tows are covered by the relevant acts of parliament. Private tows are covered by common law and the Transport services Licensing Act 1989 and its amendments.
What about Warning Signs?
Local N.Z. Law provides no provision for warnings signs for vehicles parked on private property and car parks. Warning signs are not required by law; they are a courtesy only, i.e. if you have someone parked on your property you don’t have to have a sign to tow them away. Even if someone removes the “Tow Away” signs your car can still be towed away.
What is Self Policing and Patrolling?
Some customers require their car parks to be patrolled, either during Business Hours, or on a 24/7 basis – as opposed to individual requests. This has been proven to reduce the amount of vandalism, damage, rubbish, etc to these areas.
Is the fee legal?
Common law allows a fee to be charged. Disputed Tribunal, despite media accertations has accepted the current fee as fair for services rendered on more than one occasion.
How can they justify the “Tow away fee”?
Commercial advice tells us that these fees are too low, and well below recognized market costs. Many recent increases in Fuel, On Road Costs, Compliance costs, etc indicate that towing prices are too low and should be increased to meet reality.
What law must the Towies comply with?
They must comply with all Government legislation and laws. They are strictly monitored by L.T.N.Z. N.Z. Police/C.I.V.U., the Transport Services Licensing Act 1998, and all other relevant legislation.
Why was my broken down car towed from A to B for much less?
When your car was towed from A to B it was purely a point to point tow. There was no requirement for invoice costs, storage, location insurance, security, and release costs.
Why are Police and local Authority Tows cheaper?
When the Towing Company, tows to another pound costs are minimal. Again there are no costs for: insurance, monitoring, security, and storage, release fees, etc
What if I cannot pay/afford the fee?
The Towing Company, being the bailee, is entitled to hold your vehicle and later dispose of it to recuperate costs.
What forms of payment are acceptable?
Despite Media opinion, The Towing Company is only legally obliged to accept cash. The strange thing is that, with the exception of personal cheques, towing companies will probably accept more forms of payment than any other business. Other than cash, Towing Companies will usually accept: EFTPOS, Most Major Credit Cards, Debit Cards, Purchase Orders, Personal Security, Commercial Security, Commercial Security, WINZ Orders, etc.
What if I return while my car is being towed?
Opinion differs. Our legal advice states that once the vehicle is connected to the tow truck impoundment is complete and therefore a fee incurred. At this stage you may choose to pay the minimal call-out fee or if you are uncertain talk to the police and wait for their opinion which may differ from your own.
What about Damage to my vehicle or missing – stolen items?
Legally, any damage to or loss from the vehicle are the responsibility of the Towing Company. Genuine complaints will be addressed fairly by the Towing Company. However, insurance Companies, L.T.N.Z. and the NZ Police are well aware of false and malicious complaints. If the Towing Company believes the complaint to be fraudulent (in an attempt to illegally recover the tow fee) it will press criminal charges and notify the Insurance Company of the fraudulent claim.
Who can I complain to?
If you have a legitimate problem and have no fear of the legalities of false complaints you may contact: N.Z. Police, L.T.N.Z., T.T.S.F.N.Z., or your local C.A.B. You could also contact, Fair Go, Target, Consumers Institute, etc. Be aware that the Towing Company will have no hesitation in reporting a fraudulent complaint to both the Police and Insurance Companies.
Can the Disputes Tribunal help?
Possibly? If your complaint falls within its jurisdiction, see D.T. Act). It must be a complaint in tort (simply put-actual physical damage) Contract/Quasi Contract does not comply in this instance of D.D.F. Although any one can apply to dispute. Over many years we have been called to the Disputes Tribunal many times. We have won every time a car has been towed by these guide lines.
Can a Tow Truck Driver enter my vehicle?
Tow Truck Drivers may enter your vehicle. They must ensure the vehicle is safe to tow. I.e. release hand break and put vehicle into neutral, the driver is not permitted to go through the vehicle in search of parking permits etc that have not been displayed correctly.
What do I need to get my car released from a towing yard?
You will need photo identification. The towing fee must be paid in full before the vehicle is released. If you do not uplift your vehicle by midnight of the day it is towed your car will incur storage fees. After 21 days most towing companies will start legal process to recover monies owed by the vehicle owner. E.g. sell the vehicle, to recover outstanding costs
If I have purchased a pay and display permit and there are only reserved spaces left, may I park in a reserved space?
No. Reserved spaces are normally leased spaces for long term parking customers.
Is a pay and display parking ticket transferable i.e. can I give my parking permit/ticket to another parker?
No. The person who accepts such a ticket will be towed away. The pay and display tickets are designed for one time parking only. Some Carpark owners do not allow the original purchaser to leave the site and come back again. Even though they may have purchased parking for the whole day.
Why was my car towed but not the others?
Simply: because there has to be a starting point. There may be a legitimate reason why the Towing Company has not towed the other vehicle.
Note: A word to the wise: If you are parking your car anywhere other than a public road it is your responsibility to find out if you should be parked there. Never assume!
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