28 day impoundment rip off

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carpenter0, Dec 6, 11:09pm
I have mentioned this before. the Pakuranga tow company (months after the event) now say (today) that when they impounded the vehicle and were about to put it into their yard - it ran out of gas - (Note: they have never said this before when I talked with the tow driver or the receptionist) - they now claim they added 2 litres of gas and had a mechanic work for 45 minutes at cleaning the fuel filter. The owner picked up the car and got charged for the mechanic and the fuel but the invoice said nothing about that - it just gave a total (that was two months ago).

Coincidence!
The amount they charged corresponded exactly to the amount they said in their letter that came out shortly after the tow was done but before the owner picked it up (28 days storage) 12.30 per day and 72.00 for towage. Regulations say only 25 days can be charged. The tow driver on the phone said they are allowed to charge 28 days (but I did not record him). Regulations say towage is not to be more than 53.66 for weekday daytime towage, which this was.

Their letter does not say they charge for 28 days - it just says they store for 28 days so I can't get them on that. The letter says nothing about 3 free days though. They now claim they obeyed the regulations and have written a new invoice with 25 days at 12.30 (giving the mandatory 3 free days) plus 3/4 of an hour mechanic ($60 an hour plus GST) plus 2 litres petrol which comes to exactly the same amount to the cent ($416.40). .

They go to the police about me complaining to police about them.They say I should be ashamed.I have done nothing but ask for an explanation for the overcharging.

Think of this, the owner??

carpenter0, Dec 6, 11:14pm
I know how to prove they are innocent or crooks - just look at another invoice for a car impounded for 28 days that didn't have work done on it - but I can't see one because of the privacy act.I wish someone on here had an invoice for 28 day impoundment from the Pakuranga towie.

carpenter0, Dec 6, 11:19pm
And the other thing - how is it they can charge extra for towing it from the gate into the yard around the other stored cars - when the regulations (law) cap the amount that can be charged is to be no more than $.

What's the point of having regulations about what towies can charge - if they can just charge more because a car is in their way when they go through their gate at the yard. When I say more - I mean an extra $60.
What's that about.

Who is left to complain to now!Sorry you have to put up with this.

carpenter0, Dec 6, 11:24pm
What gives them the right to fix the car - because they think it will cost less than towing it into the yard ($60 from the gate to the parking space at the bottom of the yard) and then to pass that onto the owner at pick up.Just makes it worse they did not tell the owner for 2 months. But can they really do that!

bitsy_boffin, Dec 6, 11:32pm
I would demand a refund of those extra charges, and if they refuse I'd be hoping quick smart over to the disputes tribunal, even if just for the principle.

Mister Mediator, the case here is simple, I, Party A, did not authorise for any mechanical repairs to be conducted on my vehicle, nor did I agree to purchase fuel from Party B.As a result I dispute the invoice.

Party B states that they were to drive the vehicle, I question their method for doing this as (I possessed the keys/if it was already hooked up to the truck they did not need to drive it/.).As a result I dispute the reasons for Party B to conduct said unauthorised repairs or add said unrequested petrol.

I was required to pay this invoice in order to retrieve my vehicle, and did so without prejudice and reserving my right to request a refund.

Party B has refused said refund to date.

I now come to you to ask that you make a ruling to compel Party B to refund the part of the invoice for this unauthorised work and fuel which I did not request to purchase.

snoopy221, Dec 6, 11:41pm
mmm um yeah.nah.um!
what was it *towed and impounded for!
Ya see that usuualy involves plod-and a law.
that then is WHERE towing AND impoudment comes in.
[Which is contracted-and requires the towing company to be ABLE to tow it IN TO THEIR SECURE IMPOUDMENT YARD.[
Not drop it roadside and drive it in.LOL
they now claim they added 2 litres of gas and had a mechanic work for 45 minutes at cleaning the fuel filter. The owner picked up the car and got charged for the mechanic and the fuel but the invoice said nothing about that - it just gave a total (that was two months ago).

So they gave im a bill-and then doctored it.
and used **Joe Bloggs motors-who allegedly.
what!
removed and cleaned! a fuel filter on an EFI(Fuel Injected) vehicle!
well the filter would hold a litre-and no mechanic would place a submersible fuel pump with what half a litre!
damn thing would run dry and burn out-LOL
How **appropriate** that 3/4 hour and 2 litres of fuel add up to the (x) day diferrence.

saffa2, Dec 7, 5:24am
car impounded!, you deserve to be ripped off.

carpenter0, Dec 7, 5:45am
I think we would win in disputes - but that is just a civil matter and for a small amount of money which will do no harm to the tow company.What I want is it to be a criminal matter.The police have been aware of the overcharging and continue to use this company. Everything except this 'fabricated' story points to the fact they charge for 28 days at the amounts stated on their letter. They have had time to 'create' all of this stuff in their file. If it was not fabricated, why did it take them so long to come up with it - why was it not mentioned on the invoice - why was the owner not advised at any stage till now (they say one number was out on the phone number) - why does the amount according to their story match exactly the amount if they had charged for 28 days.The owner and I have been communicating with their company by email about once a week politely asking them what is happeneing - where is their explanation.

They now say they have found the explanation (hidden) in the middle of the file.

If they overcharge - that would not just be to us but to everyone - ever since 1999. They have always refused to answer the straight question - HOW MANY DAYS DO YOU CHARGE FOR ON 28 Day IMPOUNDMENT.

carpenter0, Dec 7, 5:49am
If we live in a country where the laws are ignored it is not good for anyone. The guy who was driving has paid his fine etc. The tow company has been paid more than their due - I don't feel sorry for the tow company as they get lots of police work - some pays very well and some not so well - but overall its all good business for them.

carpenter0, Dec 7, 5:51am
Good point about being able to tow into the yard.To get around the problem of fuel they say they used another 8 litres which they have not charged for (making a total of 10 litres).They say that it should have been charged for but they forgot.

smac, Dec 7, 6:03am
When they say the number of the owner was wrong, where were they getting that from! The driver! Why was the vehicle impounded! If the driver gave the number, and he was boozed, then I'd say you have a pretty hard task ahead of you.

Forgetting who said what and when, what actual evidence do you have that their story is not correct (other than it wasn't mentioned earlier)!

If you're serious about finding out what somebody else has been charged, go sit outside the yard and start speaking to the 'customers' that show up. One of them will have a bill in their pocket.

The fees that are payable for impounded vehicles are set down in the Land Transport (Storage and Towage Fees for Impounded Vehicles) Regulations 1999, so if you believe they are charging in excess of this (either on a regular basis or one off) then make a formal complaint to the NZTA, complete with copies of all correspondence and a witnessed/signed statement from the driver.

crzyhrse, Dec 7, 6:42am
Amazing that towies can't manage to move a vehicle that is disabled because the engine won't start.

pauldw, Dec 7, 8:17am
Anybody understand why 28 days storage is charged at 25 x daily rate! I could understand no charge for 1st 3 days if the vehicle was reclaimed early but once the 3 day window lapses why shouldn't the storage fee be for the actual days stored!

carpenter0, Dec 7, 8:31am
I wonder to. The person I have trouble with is a trademe member (I found her by seaching issues about impoundment - maybe she found me the same way) - she may have requested its deletion (although I have never identified their company specificly).She writes on these message boards from time to time.

carpenter0, Dec 7, 8:33am
I don't know the reasoning behind it but the indisputable fact remains that the first 3 days are free according to the clearly worded law (1999 to the present day).because the reasoning is not given - people interpret it the way they think it should be read- especially if they can get three extra days storage out of it.

crzyhrse, Dec 7, 8:35am
Maybe if they weren't doing such dodgy things they wouldn't be seeking to hide the facts from the public.

carpenter0, Dec 7, 8:39am
Normally they push them.And isn't it amazing that the story "running out of petrol and not able to contact owner" is totally unprovable (now). No evidence of any new part on the car - nothing but their story.They could do that to anybody and get away with extra charges over and above the regulations.

By the way - the driver was not drunk - and the tow authority that I have in front of me is blank where it says owners phone. The owners phone is in the phone book - they are the only one in New Zealand with that sir name.

But here's something I have to do - I will phone the number that they claim that they called and ask if that person ever received call from the tow company (a wrong number call) - it's an Auckland number (one digit out from the correct one they should have used). They are not home at the moment - but its ringing. Can't wait.

crzyhrse, Dec 7, 8:42am
The fact remains the 'repairs' were not authorised and they had no right to carry any out, even though anyone with more than half a brain knows full well they wouldn't have done it under any circumstances.

crzyhrse, Dec 7, 8:54am

carpenter0, Dec 7, 8:55am
What evidence that their bizare story is not true - only the odds of it being true are very slim but unfortunately I have no really hard evidence that I can think of.It may be true!

But let's say it is true - give them the benefit of the doubt that they made typing errors (they have admitted this just yesterday) regarding their charge rates (72.00 and 12.30 day) and then charged the exact same amount to the cent that the typing errors suported and then charged the exact same amount months later with new reasons (mechanic and petrol). Let's say that was all true . a good company with nothing to hide would contact the owners and say they messed up their paper work and apologise profusely and probably refund anyway.Not the case with this company.Maybe it is the nature of tow companies.

They are not appreciative that I have pointed out their errors - they want to issue me with a trespass notice and accuse of of intimidation and extortion.

kazbanz, Dec 7, 8:57am
Ok because some of us havent a clue what this is about .In shortened forrm.
what did the car owner do in order for the car to be impounded in the first place!

carpenter0, Dec 7, 9:00am
Yes they can do that - Section78 (3) of the GST Act allows them to do that.

What they did before November 2011 was round some of the number up and others down. The law is clear (they could not round up). That's been corrected (after I wrote to them). They also did not mention Section78 (3) of the GST Act in the fact sheet and they do now.

carpenter0, Dec 7, 9:05am
It is not relevant but the owner is MR X, his 20 year old son was going to take the car for a warrant but was running late - the unemployed son took it. Not far but got stopped close to home with the new warrant on his way back to his mum (who works just like his dad who owns the car). He had had his licence removed for some reason previously so the car was impounded and towed to the local tow yard for 28 days impoundment. His mum collected the car 28 days later and was shocked that the fee did not line up with the law. She showed them the law and they basicly told her to go away. She is Russian and left Russia to get away from this stuff. She came to me (I have time on my hands and enjoy confronting crooks if I can catch them) to see what could be done. It has been a battle - police see eye to eye with me but do nothing. MTA see eye to eye with me but seem satisfied with the latest fantastic story. I am afraid police might too.

carpenter0, Dec 7, 9:14am
There is a law that says the police are supposed to have a copy of the tow and storage fees - the law says you can get a copy from the nearest police station. I have asked but they don't have one. The towie does not have one either. The fact sheet 63 needed a few small corrections to be correct but it states it is not the authority on the law.Who is the authority!Police did not understand the GST Act (the one I am dealing with does now).Towies are now charging to tow around the yard at $60 a pop and there is no law that prevents them specifically - as in there is no law that says "Thou shalt not tow the customers car around your yard and charge them" and if they are not doing that they are opening up the bonnet and having a tinker.They havn't lean't to use the white pages.

And I will bet the police whom I think I might phone in a moment will say buzz off.Civil matter. no hard evidence they are overcharging everybody.

kazbanz, Dec 7, 9:17am
So basicly the car was being driven by an unlicenced driver and he got caught. -sorry I lost interest after that.