KEY POINTS:
Although I've never had the misfortune of having a car towed, I have watched it happen on a number of occasions.
It made sense when a car was hoisted on to a flatbed truck and driven away, but I could never figure out how a car is towed
away with its wheels still on the tarmac.
People either leave the hand brake on or leave the car in gear. Some drivers do both, so how is it possible for the car to be towed with at least two wheels locked up?
While finding answers to this question, a number of other interesting facts cropped up, especially what the towies can and cannot do.
We all know the police and local council will tow a car from a public road but, when it involves private land, there's a bit of confusion.
Towing cars from private land is justified under an old law called "distress damage feasant".
Essentially, it means if a neighbour's cow wanders into your backyard and starts to eat your crops, you can keep it until the damage has been paid for. This also applies to a cricket ball hit through your window.
What this has got to do with towing a car is anyone's guess. Damage to property is an essential element of distress damage feasant. However, physical damage is rarely caused simply by parking a car on someone else's property.
There is no legal requirement for private property owners to display a warning that cars will be towed if parked illegally or to provide contact details for the tow operator. The AA and others have long been campaigning to improve the law in this area.
Tow truck drivers can break into a car to release the handbrake, provided they are not entering with illegal intent. However, the Transport Services Licensing Act requires that tow operators take "all reasonable precautions" to prevent loss from or damage to any vehicle being towed. They may be fined up to $2000 if they breach the act.
If your car is damaged or property lost complain to the tow operator directly. They are required to keep a single register of written complaints that must be available for inspection by any traffic warden or police officer. Remember to copy any complaint you make to the landowner.
Let your insurance company know what has happened. They will make a claim against the tow company's insurer.
If a towie turns up to a job and finds your dog in the vehicle, they can still tow the car, taking the dog with them.
Cars towed from private land can be held until the fee is paid but cannot be sold without further legal action being taken.
The driver of every tow vehicle must wear a sealed driver identification card, which is clearly displayed at all times.
Tow operators must also display on the inside and outside of every tow truck their name, business location and contact phone number.
The act also says that a vehicle may only be towed if a tow authority has been completed. It must be signed by a police officer, traffic warden or the landowner or person who requested the tow.
However, be aware that some firms get tow authorisations signed in bulk and use them as they need them. This is not illegal in itself but it doesn't necessarily give towies the right just to tow anyone away at any time.
There is no set amount a tow operator must charge when towing a car from private property. However, the courts have suggested they should only charge for "expenses reasonably incurred in removing an unlawfully parked vehicle".
After the first day, tow firms charge a "storage fee" for every day your car remains at their yard.
As with the tow fee itself, you should challenge any storage fee you believe to be excessive, if necessary in the Disputes Tribunal.
Towies do not have to accept a cheque and many will not. In most cases, you will have to pay with cash or by credit card. If you are paying by credit card and want to dispute the matter later, write "without prejudice" on the credit card slip before you sign. Remember to keep your receipt: you may need it if you file a claim in the tribunal.
If you get into your car, effectively gaining possession and control of it, a tow truck driver must release it.
However, most tow truck operators will attempt to charge you a call-out fee if they have already broken into your car in order to hook it up. You do not have to pay.
Only a police officer or traffic warden has the power to authorise the removal of any car obstructing a road or vehicle entrance, or causing some other traffic problem. This includes the removal of cars parked on fire hydrants, footpaths or yellow lines.
You don't have to pay immediately in order to get your car back. Instead, you will be issued with a ticket that includes the tow fee and a stationary vehicle infringement fee that you must pay within 28 days.
Councils, as a rule, do not tow indiscriminately and will usually only issue an infringement notice.
