Is it legal to tow away cars?
If you have parked on private property without the authority of the property owner or tenant or are not compliant with any condition of parking, they have the right to enforce their conditions and remove your vehicle under New Zealand common law. This is recognised by NZ Police, NZ Justice Dept and LTSA.
Further reference to the legalities of towing unauthorised or non compliant vehicles from private property can be found in Contractors Liens Act, Transport Services Licensing Act 1989 and in the Land Transport Act 1998.
Towing vehicles from public areas such as roadways, clearways etc is governed by the relevant acts of Parliament and is the responsibility of the relevant Local Authority, Council or Police.
Can a tow truck driver enter my vehicle?
Yes, if you are parked on private property without authority, our drivers have the legal right to enter your vehicle to ensure that it is safe to tow. This generally means to release the handbrake or put the transmission in neutral. Our drivers are not permitted to enter the vehicle unless authorised by you for any other reason.
Are warning signs required?
There is no provision in NZ law that states warning signage must be displayed on private property, however the vast majority of private property owners do provide some form of signage which provides some indication of their conditions of parking or warning signage.
Any signage provided is done so as a courtesy by the property owner.
What is unauthorised parking?
If you park on private property without the authority or invitation from the property owner or their tenant, or fail to comply with any term or conditions of parking displayed on the property, this is considered to be unauthorised parking.
How do you justify the towing fee?
NZ law makes provision for a fee for the towing of vehicles to be charged before the vehicle may be released. Recent cases at the Disputes Tribunal have set the precedents in relation to towing fees. Our current fees are generally below those charged by other Towing companies.
What law governs the towing & vehicle recovery industry?
We are required by law to adhere to the Transport Services Licensing Act 1989 and the Land Transport Act 1998 and any other relevant legislation. These are monitored by LTSA and NZ Police.
What do I need to do to get my vehicle back?
Along with payment in full for the towing fee and any applicable storage fees, we will require some form of identification. If the vehicle remains in our custody for more than 21 days we may commence disposal proceedings of it to recover our costs.
What if I return to my car while it is in the process of being towed?
If we are in the process of loading, lifting or “hooking up” your vehicle when you return to it, we will generally reduce our fee to a call out fee to cover our costs. This is often referred to as an “owner return” fee. This is generally much less than the towing fee and covers our costs for being called out to remove your vehicle from the property.
What forms of payment are accepted?
We accept cash, Eftpos and Major Credit Cards.
What happens if I can’t afford to pay the fee?
Under NZ Law, the towing company is entitled hold your vehicle until all fees are paid. Should payment of these fees remain outstanding after 60 days, the towing company may pursue legal remedies.
What if I think my vehicle has been damaged or its contents are missing?
While we take all reasonable steps to ensure that your vehicle is towed in a safe & secure manner. We also take due care to ensure that it, along with its contents are kept in our safe custody until it is released, it should be noted that all vehicles towed from private property are done so entirely at the vehicle owners risk since your vehicle was not authorised on the property or failed to comply with the conditions of parking in some way.
If you think your vehicle has been damaged by us or some contents are missing, the best course of action is to immediately notify our front counter personnel before leaving our towing yard, then follow up the matter in writing.
We ask that you notify us before leaving our towing yard so that we have the opportunity to assess your claim of damage. Once you have driven the vehicle from our premises, we have no way of knowing if the damage occurred afterwards.
Any fraudulent claims against us for damage to your vehicle or missing contents may be handed to the Police to be dealt with.
What if I want to make a complaint?
Our service counter can provide you with a complaints form which also outlines our policy and procedure for feedback and complaints. We appreciate all feedback provided as a means of evaluating our service.
If you would like to get in touch with us regarding a complaint or appeal, you can email us here.
We provide services across all areas of Auckland and offer a range of employment opportunities. Contact us today to become part of our team in a highly specialised field.