Can my car legally be towed from private property?
Yes New Zealand common law allow for the removal and detainment of the offending vehicle costs have been paid.  This is recognised by the Police, NZTA, Transport services licensing act 1998 and NZ Justice Department.
 

What constitutes unauthorised parking?
Parking contray to any rules and instructions of the site.  These can include, but not limited to NZ Traffic regulations and Laws, mobility spaces, no parking areas, no valid permit mobility, expired, fraudulent, false etc.   Failing to comply with posted rules.  Blocking access.  Direct warning signage private parking, no parking, authorised parking only or any other breach of rules and safety.


What about warning signs?
Local NZ law provides no provision for warning signs for vehicles parked on private property and car parks.  Warning signs are not required by law, they are a courtesy only.


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 and the Land Transport Act 1998 also confirms this.

 
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, security, Insurances 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 to the mechanic for much less?
When your broken down car was towed from it was purely a point to point tow. There are no requirements for storage, location insurance, security, and release costs to name a few.


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.


What if I return while my car is being towed?
Our legal advice states that once the vehicle is connected to the tow truck impoundment is complete and therefore a charge incurred as per The Land Transport Act 1998

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 should make your complaint in writing first to the Towing company as they have first right of reply if you are still not happy with their response and you may also contact: N.Z. Police, L.T.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. It must be a complaint in tort (simply put-actual physical damage). Although any one can apply to dispute Tribunal even the Towing Company can counter claim against you if they believe your claim is a frivolous or vexatious complaint.

But please be aware of these legal principals

consentio non fit injuria “One who has invited or assented to an act being done towards him cannot, when he suffers from it, complain of it as a wrong."

ignorantia legis neminem excusat “ignorance of the law excuses no one" is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware.

Also The Land Transport Act 1998 section 139A states “The court must order the defendant to pay, in addition to any fine and any costs ordered by the court, the amount of the appropriate towage fee if, in proceedings in respect of a parking offence... expenses have been incurred by an enforcement authority in respect of the movement or proposed movement of the vehicle involved in the offence (whether or not the vehicle was in fact moved).

Over the years various companies been called to the Disputes Tribunal many times. Most win every time, if the car has been towed by these guide lines and legal principals.


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.