Car Towed By Councils, Damaged

[Bratva]

Hi,

Okay need to make rant and then ask for suggestions on what needs to be done. Story goes....

Car ran out of rego for about 2 weeks because i did not register it yet as it had no starter motor in it, some kent in my street/suburb complained to City Rangers and they stuck an abandoned vehicle notice on it and drew all over my windows. Car is parked outside legally in the parking spots provided off street.

I put the car in the garage so they wont take it, but a week later after putting it back to street AND registering it, i found it missing.

I go to City Rangers, pay the ridiculous 250$ fine to get it back. Meet up with the guy at the impound at the tip and i find my car backed up hard into the fence, rear window smashed in (smashed in hard so glass is inside the car and not on the street) and the drivers door lock raped.

Its obvious it was the tow guys because the parking spots (ghunghalin) there would have been a car infront and behind it, so the tow company had to break in so they can get the car out...

I tell the guy what the go was and he says that the tow company and city rangers take the most care in this and this is impossible that this happened then tried to blame me that i must have smashed the window before hand and with no excuse as to why it was inside a fence rear bar bent in.... care my ass

I would like to know what my options are ? Would i need to find out who the contracted tow company the city rangers sent out and deal with them, or deal with the city rangers and what do i do as i would like my money on the damages and im probably too old to go farking up their shit in revenge.

Thanks

[Bratva]

btw took pics in the impound yard for evidences

[LiamR34]

I'd threaten them with legal action and make it apparent to them that if they don't cough up for the damages they will be forking out more in court.

But thats ridiculous what they did.

[StealthX]

Why was the car towed if it was registered?

Was it parked illegally?

I'd be fighting the $250 fine too while you're at it!

Defs go to court! Farken government carnts!

[Bratva]

The City Ranger guy told me that because it had the ABV notice on it the week before and checked back then that it was unregistered they have the right to tow it.

And it was parked as legally as possible - ie in the designated park spot, facing right way etc.

The car looks pretty shitty on the outside but full engine rebuild done to it so they probably thought they can damage all they want and i wouldnt be wanting it back.

fuark

kents

[Rheen]

I reckon complain and take it as high as it can and threaten legal action. At the very least, they should pay to fix the cost of repairs for the damage they did. I reckon later on get a quote from the most expensive shops in town for the repairs and send them the quote, demanding the money.

[GT-R32]

1. Get quote for damage

2. Send letter of demand - including the costs of the fine, car was registered! - with story and the photo evidence and quote

3. If 2 fails, small claims court it

[Trozzle]

I'd chip in for small claims court costs to get your ball rolling lol...this shit just ain't cool.

[bubba]

Well, aside from the fact that local councils are NOT recognised by the constitution and are operating as illegal entities, they have no right to take your property. They also have no right to impose a fine on you.

Local councils are getting away with far too much, look up a guy by the name of Wayne Glew, he gives his mobile number and email address in his interviews on youtube. Send him the story and ask his advice, he is an expert on the constitution and is on a bit of a crusade agaisnt governments and local councils shafting us.

[J'son]

That is some messed up sh!t... I'd follow up with legal proceedings also. Is the car insured? Has the incident been reported to them? You still may wanna make a claim and then as part of proceedings try to be reimbursed for it and have the insurance company note on the file later the results (so it isnt a claim against you).

Hope you have all receipts, eg the impoundment fee etc... Perhaps in the future some sort of sign/note on the dash of the car if paked somewhere like that?

Sorry to hear bout the horrible issue. Best luck sorting it out.

[Bratva]

More info

Car is not insured (just third party rego)

When the car had the notice stuck on the window they said i have 2 days to move it (it was unregistered at the time) and they drew all over every window with some yellow paint (even that pissed me off)

I shoved the car in the garage for a week then registered it, chucked it back on the street cause i need space for my skyline. I didnt rub off the paint yet and did not have a sticker but it was registered (they coulda checked in their systems AT the time)

I have the photos of the damage in the impound yard, have the receipts.

I think i have some nosy neighbours that may have complained that the car had not been taken away yet as my mate on the same street told me his car got an abadoneed vehicle notification also when it was resgitered at the time.

I wasnt too angry when i had to get the car back just thought ill pay the fine and be over with but before i went over to the impound from the reid city rangers office i asked what i would do if my car was damaged and they garanteed me that they take care...

Tow kents could have just broken the window (50$ + 20mins of my time) but smashing the drivers door lock is a major pain in ass because i would have to source keys+all new locks most likely.

[75coupe]

that sucks big time, but you really should of atleast put the new rego sticker on, with their yellow paint on it still and no indication of it being rego'd its kinda asking to be towed, but they still should not of damaged it...

hope it all works out for you...

[typevu]

That's messed up! I hope you're gonna squeeze every cent out of them!

[Sinista32]

1. Get quote for damage

2. Send letter of demand - including the costs of the fine, car was registered! - with story and the photo evidence and quote

3. If 2 fails, small claims court.

+1 Let sanity previal and use the law.

If that fails PM me.

I'm probably older than you but not past revenge if you need a hand. Wouldn't be the first time scores were settled recently.

[dorifticon]

You seem to be able to write clearly enough to put in a statement of claim/originating application in the small claims court.

Last I checked they could deal with matters up to $5000, that limit may have been increased recently.

So long as you clearly attach all your evidence including registration papers etc showing that the car was parked legally and registered at the time, it should be a fairly straightforward matter.

Normally people start acting a bit more sensibly when the court officer serves them with a notice to appear. Or, they at least get legal advice and their lawyer tells them they would be better off paying the claim than contesting.

Only thing to watch out for is, in some jurisdictions you can't claim legal costs (solicitor fees) in small claims court. I can't remember how it works in ACT has been a while since I put in a case, and the most recent one was settled the day before the hearing.

Anyway for $43 or whatever the fee is it's worth it.

[sweefu]

Just to confirm this is all within the ACT? If so:

Magistrates court in the ACT can handle cases concerning damages to the amount of $50 00, $50 001 and its over to the Supreme court (Please double check this, has been changed recently).

I would have a quote drawn up be a reputable panel beater, then hire a solicitor/legal aid to send them the quote asking for the damages to be paid, if they do not get back to you soon enough, or if they refuse to pay damages, anything like that, then have a court date set and have the solicitor or legal aid subpoena them to court on the given date. Not at all fair, they have a duty of care for your vehicle as soon as they tow it; it is then considered their possession and from a Civil point of view it is negligent on their behalf to not return the car in the same condition it was taken.

If it does go to court, depending on how the solicitor works, it may cost you $45, $119 or $420 if you somehow lose the case, depending on the amount of money for damages you are seeking ($420 is $10 000 over, $119 is under $10 000 and $45 is $2000 and under)

Any who, a little off topic there.

Screw them as far as you can mate.

EDIT: I am saying hire legal help as you would be able to regain all costs for the case, and it often seems more official having some legal jargon thrown in there, from a layman's point of view. In the long run it may be worth it, may see the case settled more quickly.

Edited April 17, 2011 by sweefu

[Bratva]

Thanks for all the advice guys will let you know what happens )