Ask an expert
My car was towed from a private parking lot where spaces are leased out by one main business - a gym - to other nearby businesses.
I'd parked in a space I have since been told belongs to the gym (although there was no visible signage as to who it belonged to or that it was a tow-away area).
When I went to pick up my vehicle, I requested a copy of the Tow Authority form and was given a piece of paper that claimed that the towing of my car had been authorized by the management of a nearby fast food restaurant. I was clearly told that the piece of paper I had been given was a copy of the Tow Authority form. The form was not signed by anyone from the fast food restaurant.
I spoke in person with the management of the fast food restaurant and was told that management had not requested my tow and that the space I'd parked in did not even belong to them.
I then rang the towing company and requested a refund on the basis that my tow was unauthorised, citing the piece of paper I had been given by them. I was told that the piece of paper I'd been given was NOT a Tow Authority form, but instead a mere tax invoice. To get a copy of a Tow Authority form, I need to submit a request in writing and wait at least 24 hours for them to "make one up for me".
They also say they have a contract with the gym, which owns the entire lot including those leased to other businesses, allowing them to patrol the lot and tow overstaying vehicles.
How are you supposed to tell what is an actual Tow Authority when you've obviously been lied to?
Can businesses request tows from spaces that are not leased to them?
Can tow companies take vehicles from a lot owned by one business citing the authority of another business?
Is this something I could potentially take to the Disputes Tribunal?
From you description it sounds like the tow authority was incomplete or not authorised property, which could be grounds for an appeal.
We would like to discuss this with you in more detail before advising a course of action (but you could request a copy of the tow authority in the interim) - please email your contact details to aatech@aa.co.nz