If you parked your car somewhere and it got towed away without a notice, don’t panic, there is something you can do legally. Understanding your rights and exercising them is the right of every Australian citisen. In many cases, there could be errors or mistakes happening on the towing company’s end that can lead to such a case.
In this blog, we are going to guide you on what to do if your car gets towed illegally, particularly in Victoria/Melbourne. We will also discuss how you can file for dispute for an illegal towing charge to recover your vehicle in Melbourne.
What is Meant by Illegal Towing in Melbourne & Victoria
There are certain precautions or signs when a car is towed illegally in Melbourne or Australia. These signs may include:
- A car was towed without notice or without proper signage in a tow-away or clearway zone.
- A car was towed from private property without your permission or legal authority.
- A vehicle is removed in breach of state rules or without the required authority to tow.
- A tow company imposing fees that are not compliant with legislation.
What Counts As an Illegally Towed Car?
Victoria has a specific set of laws for towing in Melbourne and the surrounding areas. For instance, transport.vic.gov.au provides a “Tow truck complaints” process for cases involving unauthorised towing or operator misbehaviour.
Also, clearway and tow-away zones are regulated, and vehicles towed from those zones must follow processes for release via impound yards, and you are subject to release fees.
Victoria also regulates accident towing via legislation such as the Accident Towing Services Act 2007, which sets rules around authority to tow, licensing, and operator conduct.
Understanding Your Rights If a Car Was Towed Wrongfully
In case if you believe your vehicle has been illegally towed away in Melbourne or the surrounding areas, then you are entitled to the following rights:
- You have the right to ask for proof that the tow was legal (authority to tow, signage, legal zone)
- You may dispute fines or towing charges via internal reviews or complaint forms
- You can file a complaint with Transport Victoria (Department of Transport & Planning) if you believe the tow truck operator has breached rules.
- For clearway/tow-away zone tows, you may request a review by writing to the Clearway Infringements Team within a certain timeframe (e.g. Victoria allows internal review requests for some fines within 28 days).
8 Steps to Take After Your Car Is Towed Illegally
To recover your car successfully from illegally towing, here are the steps that you should take:
Step #1: Confirm That Your Car Was Towed
- Use local authority online tools (e.g. in Victoria, check impound yard records or contact the city transport/towing registry).
- In Melbourne, the City’s website has pages for “towed and impounded vehicles.”
Step #2: Document Everything
- Take note of the date, time, location, signage in the area, any photos or videos showing whether parking was restricted.
- Keep all the paperwork/notices you’ve received.
Step #3: Check Applicable Signage & Regulations
- Was there proper signage?
- Was the area a clearway or a tow-away zone? Was the time of day within restrictions?
- Did the tow operator complete required forms (e.g. “authority to tow” or photo evidence)?
Step #4: Contact the Towing Company Or Lot
- Ask for details of why your car was towed, on what authority, what fees apply, and where the car is being stored.
- If the tow seems wrongful, ask them to explain or provide documentation.
Step #5: File a Formal Dispute Or Complaint
- Lodge an internal review of the fine or towing charge. For clearway-related towing in Victoria, you may request a review via the Department of Transport & Planning.
- Submit a complaint to the relevant authority (e.g. VicRoads / Transport Victoria’s tow truck complaints process).
Step #6: Pay Release Fees (but preserve your right to refund)
- Sometimes you may need to pay to release your car from impound to get it back.
- But paying does not necessarily forfeit your right to dispute the charge later. (Check the rules for “review only after you pay release fee” or exceptions for “exceptional circumstances.”)
Step #7: Escalate if necessary
- If the towing company does not respond or your complaint is rejected unfairly, contact an ombudsman or consumer protection agency.
- For example, in Victoria you can escalate via the Victorian Ombudsman if Transport Victoria’s response is not satisfactory.
Step #8: Seek legal advice
- If large fees are involved or you believe your rights were seriously breached, you may consult legal or consumer rights advisory services.
- For example you were charged illegally more or your car was damaged during towing.
If your car is damaged or unregistered but you don’t want to invest a dollar in it, then it’s better to sell. Companies like Cash For Cars Melbourne can buy your car no matter if it’s written off or completely damaged. Old and rusted vehicles are considered environment hazards, which is why they could get towed away. This is where selling your old car to a certified car wrecking service would be a wise choice.
How to Dispute a Towing Charge & File a Complaint
If your vehicle has suffered damage or you have faced any sort of inconvenience, then you can take the following actions against Tower:
How to Dispute a Towing Charge
- Internal Review: Many fines or towing-related charges are subject to internal review applications. For instance, Victoria allows you to apply for a review within a time window.
- Submit supporting evidence: Digital evidence such as photos, statements, or proof that signage was missing or confusing. It also includes any proof of late or no notice given at all.
- Grounds for review: There are grounds for review which might include “contrary to law”, “mistake of identity”, or “exceptional circumstances.”
- Follow the procedure exactly: Submit a dispute by filling in the required form(s), meet deadlines, and provide contact information.
File a Complaint Against a Towing Company
- Locate the relevant complaints body: In Victoria, that could be via Transport Victoria / Department of Transport & Planning using their tow-truck complaints form.
- For trade towing (not accident towing), some complaints might go via Consumer Affairs Victoria.
- Also, local councils may have oversight if the towing occurred under their regulation (e.g. City of Melbourne’s towed-and-impounded vehicles page).
- If you believe the tow has caused damage to your vehicle or was conducted incorrectly, include that in your complaint.
- Keep copies of all correspondence, receipts and any evidence in case you need to escalate the issue (e.g. via the Victorian Ombudsman or legal channels).
In case your vehicle has been towed away due to issues like illegal registration, then you must pay the fines timely before recovering. Follow our guide on How to Pay Your Rego Renewal in Victoria to save your vehicle from getting towed away.
Final Thoughts
Illegal car towing only occurs due to probable cause or generally due to an error on the towing company’s end. Understanding your rights can always help you to make a wise decision without facing any damage or loss.
Even though you may need to pay release fees in the short term, you do not lose your right to challenge an illegitimate towing or fine. By submitting a review or complaint with the relevant authorities in Victoria (or your own state), you may recover costs or have the towing declared wrongful.
