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Headbanger
7th May 2012, 10:02
People, I need a favour.

Can some one go visit NZ Wheel Clamping and throw a rock through their window?....

Not for me, for this guy.

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10803978

If you manage to bounce the brick off Gordon Ward then thats a bonus.

I'd do it myself but my throwing arm isn't good enough to get a projectile from here to there....

Maha
7th May 2012, 10:10
''he was clamped because he displayed his valid permit on the wrong area of his dashboard''.

I dont know what to say to that..:corn:
Uneducated imbecile's must be employed by the Clamping company.

bogan
7th May 2012, 10:14
Uneducated imbecile's must be employed by the Clamping company.

But at $180 bucks a clamp, they must be paid well! Wonder if they work on commission?

That shit is fucking ridiculous, I thought $40 parking fines were a bit steep, who lets the pricks charge 180 :confused:

oldrider
7th May 2012, 10:18
Forgive them (all) for they know not what they do .... so many rules ... so many opinions! :facepalm:

Headbanger
7th May 2012, 10:19
I got a real shock, having my bundle of groceries to put in. I said, 'Look, my card is on my dashboard, come and have a look."


Yesterday the company's group manager, Sean Hika, said agents did not have the authority to take a clamp off without payment or give on-the-spot refunds.


Filthy cunts, They claim they can fit them, But even in the face of a total fuckup they don't have the power to remove them?

I almost want to drive up there, park my car in front of them and dare them to do their worst.


maybe someone needs to visit their offices and clamp their cars.

bogan
7th May 2012, 10:23
maybe someone needs to visit their offices and clamp their cars.

Hire a sneaky lock picker to follow them around, and take all the clamps off, then go clamp all the management cars wheels with them just before knock off on friday! And if the marks on the clamps referring to what key will open them get rubbed off in transport, all the better :bleh:

oneofsix
7th May 2012, 10:31
The whole argument of the clamping company is fill of contradictions. If no discretion is held with the guys on the ground how come the fine had already been reduced by them? They have to use discretion when deciding to clamp someone so saying it is held by a call centre that can't see the situation is :BS:

As for the :Police: getting involved in a civil matter I think that dick needs a kick in the nads. When you prevent someone using their stuff it is no longer a civil matter. This isn't just a $ transaction, you have basically falsely arrested the war veteran because you are preventing him leaving when he did have a valid permit. Pity the :Police: didn't have the clamp removed and the clampers imprisoned plus their boss. Glad they at least tried to sort it and protect the public.

Bassmatt
7th May 2012, 10:58
I just love the way wheel clamping frees up the parking spot that someone shouldn't be parked in. :facepalm:

pzkpfw
7th May 2012, 11:01
Not saying they are right, but don't pre-judge. Vigilanteism isn't what society needs.

They clamped someone in a disabled park. If the person who parked there had turned out to be fully abled we'd all be cheering that they got clamped. (edit: though Bassmatt makes a good point...)

The company claims to have photos that show the pass wasn't displayed. If that turns out to trump the claim that the pass simply was in the wrong place and hard to see, then the clamper was clearly just doing their job.

Even judgement on the ground - I can see why they (claim) they can't allow decisions on the spot. Anyone can pull a fast one to get out of a fine. (Though I do think the on the spot reduction of the fine smells fishy).


I'm all for the rights of elderly veterans, but wait and see how it all pans out before throwing bricks through windows.

(The guy himself showed guts and honour by refusing the contents of the passed-around hat. We shouldn't treat him as a helpless old Man that we need to force our help on.)

HenryDorsetCase
7th May 2012, 11:04
OK, here's what you do if you get clamped. Dont ring the clampers.

Ring a tow taxi or something. Get them to pick up your car and take it to your house and drop it off there. THEN ring the clamping company and say "come and remove this clamp, or I will gas axe the thing off. You have two hours to get your arse here and do that. If you dont do it I will remove the clamp myself."

Any subsequent claim by them for clamping fees you can say "Thats fine, see you in Court mofo". Since the clamp is evidence, I will retain that to exhibit in the proceedings, after I have removed it".

HenryDorsetCase
7th May 2012, 11:06
The whole argument of the clamping company is fill of contradictions. If no discretion is held with the guys on the ground how come the fine had already been reduced by them? They have to use discretion when deciding to clamp someone so saying it is held by a call centre that can't see the situation is :BS:

As for the :Police: getting involved in a civil matter I think that dick needs a kick in the nads. When you prevent someone using their stuff it is no longer a civil matter. This isn't just a $ transaction, you have basically falsely arrested the war veteran because you are preventing him leaving when he did have a valid permit. Pity the :Police: didn't have the clamp removed and the clampers imprisoned plus their boss. Glad they at least tried to sort it and protect the public.

don't use the word "Fine" in this context. At best their right to levy a fee is granted by the owner of the land. Its a civil matter, not criminal.

Zedder
7th May 2012, 11:09
The problem is no legislation on wheel clamping.

I was rapt to hear about the guy who took the company to the Disputes Tribunal (and won) last year. I had hoped it would lead to rules being drawn up.

However, what does the the Minister of Justice do? He come up with a voluntary code of practice! Ffs! He could sort it out a damn sight better than that.

Headbanger
7th May 2012, 11:18
The problem is a lack of scissor kicks to the face.

MSTRS
7th May 2012, 11:24
The problem is a lack of scissor kicks to the face.

Lead hemorrhages ...

oneofsix
7th May 2012, 11:24
don't use the word "Fine" in this context. At best their right to levy a fee is granted by the owner of the land. Its a civil matter, not criminal.

The fee might be a civil matter but once they prevent the person from leaving by falsely imprisoning their transport it should become criminal. The same if you sneak into the theatre and instead of kicking you out they lock you in a room until you pay a fee your imprisonment would be considered a criminal matter.

SMOKEU
7th May 2012, 11:25
Should buy some of these (http://s.dealextreme.com/search/lock+pick.html?category=829).

Swoop
7th May 2012, 11:26
Last month Mr Hika contacted the Herald to complain of a "mob mentality" that had seen his workers spat at and threatened with violence.

Fucking excellent.
Keep up the good work Citizens!

Brett
7th May 2012, 11:37
Just before Christmas last year I parked the Prado in one of those car parks to visit one of the local shops (in the carpark). There was a small sign saying that the car parking was for the shops associated with that car park, and I wanted to visit one of the shops around the corner (to me looked as though part of the shopping complex anyway!), however the sign was obscured by a parked van, so I didn't see it until a long time after the fact. Came back 5 minutes later to find a clamp on...was a bit confused to say the least. As I was removing the infringement notice, a huge fat islander bloke came up to me demanding payment of $180. I tried to make him see reason with regards to a) the very hard to see signage and b) the fact that the shop I was visiting appeared to be part of the complex, but to no avail. I also tried the same line of logic with their call center, but got told pay up for get towed and get charged $420.
I told the attendant that I would pay him so that I could get moving and get on with the day, but that I was going to be taking this to the small claims court and so hoofed it up the road to get some cash out.
On the walk back to the car I got more and more angry about the whole scenario and decided that I wasn't going to pay them, I was going to remove my wheel and put on the spare. However, as I got back I noticed that the clamp was removed, although the attendant was still there waiting for me. I told him that I wasn't going to be paying him as a) I had decided to go with removing the wheel and b) the clamp was off anyway, so i wasn't going to pay him to do something he had already done. he responded saying that he was going to put the clamp back on and proceeded to walk back to his car 10m or so away. There was no way I was going to hang around like a chump for him to stick the clamp back on, so i pulled out my keys, jumped in and drove off. I expected to have a follow up from the camping company, but never heard a thing.
I understand the need to enforce parking regulations and protect the parking spaces of the local businesses, but these guys are sharks. I actually don't understand how their actions are legal given the existing legislature and case law that exists around the grey area of wheel clamping. A tightening up of the industry really is needed.

Paul in NZ
7th May 2012, 12:05
Without having a go at anyone - would it be fair to say these guys would not exist if people would not park in places they shouldn't?? I mean before them it was towies etc. We have had epic problems with losers parking in our call out spot. We need it 24/7 and it costs a motza but people just whiz in (big fuck off sign right in your face) and leave their car while the go shopping. We have a deal with a towie and boy do they moan.

We also have another park for staff after hours and the deal is to leave your business card on the dash and no sweat. Some muppet parked in the spot one night so I had to park in a vacant one next to it. The towie hauled away the evil doer and mover my car into the proper spot for me and gave me a call to let me know - fuckin brill.

Now I think these clamp guys are going too far in this case but parking is a real issue and these shops spend a lot so customers can park and they do have rights as well.

HenryDorsetCase
7th May 2012, 12:13
J I was going to remove my wheel and put on the spare.

good one. and a good outcome.

How do you take the wheel off with a clamp in place though? all the ones I have seen seem to be designed to cover up the lug nuts

Zedder
7th May 2012, 12:18
Without having a go at anyone - would it be fair to say these guys would not exist if people would not park in places they shouldn't?? I mean before them it was towies etc. We have had epic problems with losers parking in our call out spot. We need it 24/7 and it costs a motza but people just whiz in (big fuck off sign right in your face) and leave their car while the go shopping. We have a deal with a towie and boy do they moan.

We also have another park for staff after hours and the deal is to leave your business card on the dash and no sweat. Some muppet parked in the spot one night so I had to park in a vacant one next to it. The towie hauled away the evil doer and mover my car into the proper spot for me and gave me a call to let me know - fuckin brill.

Now I think these clamp guys are going too far in this case but parking is a real issue and these shops spend a lot so customers can park and they do have rights as well.

Sure, there is a lot of car park problems. However, there are strict rules covering towies (if you break the rules then it's your fault) but none about the very dodgy clampers. At the moment it's very much in their favour and looks to be that way until legislation is passed.

bogan
7th May 2012, 12:25
Without having a go at anyone - would it be fair to say these guys would not exist if people would not park in places they shouldn't??

Classic case of bureaucratic enforcement though, the enforcers (fyi, The Departure by Neal Asher is an epic sic fi book about this kind of thinking) just work to the letter of their corrupted mandate, never thinking about the service they are there to provide. And in the end we are left with a corrupted system which is now there primarily to line its own pockets.

unstuck
7th May 2012, 12:30
Boy am I glad I left the city. Could be a good buisness for someone going around cutting off dodgy clamps.:shifty:

Asher
7th May 2012, 12:32
Boy am I glad I left the city. Could be a good buisness for someone going around cutting off dodgy clamps.:shifty:

Locksmiths could make a bit of money removing clamps for a smaller fee then sell the clamp for scrap.

Brett
7th May 2012, 13:13
good one. and a good outcome.

How do you take the wheel off with a clamp in place though? all the ones I have seen seem to be designed to cover up the lug nuts

This one was one of those ones that goes over the tyrehttp://images.tvnz.co.nz/tvnz_images/national_news/2012/04/wheel_clamp_generic_234_N2.jpg

oldrider
7th May 2012, 13:20
OK, here's what you do if you get clamped. Dont ring the clampers.

Ring a tow taxi or something. Get them to pick up your car and take it to your house and drop it off there. THEN ring the clamping company and say "come and remove this clamp, or I will gas axe the thing off. You have two hours to get your arse here and do that. If you dont do it I will remove the clamp myself."

Any subsequent claim by them for clamping fees you can say "Thats fine, see you in Court mofo". Since the clamp is evidence, I will retain that to exhibit in the proceedings, after I have removed it".

Are they legally allowed to convert your car for their own intentions by placing the clamp on it without your permission? :confused:

How have they got around that ... or is car conversion a thing of the past?

p.dath
7th May 2012, 13:49
There is obvisouly a lot of people abusing parking which is why such a business exists.

From the information presented (and only one side is presented) it seems an error of judgement has been made on behalf of the clampers. That fact that the Police were called shows that the company has failed to put in place a procedure to handle the cases where genuine error on their part has occurred.

It appears to be that there has been some abuse of power, and I'd like to see a test criminal charge laid against the clamping company to see whether a lack of ability to rectify a situation like this in a timely manner is acceptable.

I personally think that wrongly immobolising a vehicle and failing to promptly put it right has denied this ederly man his freedom.

oneofsix
7th May 2012, 13:54
There is obvisouly a lot of people abusing parking which is why such a business exists.


Don't you mean that there is obviously a more profitable way to extract money from people through clamping which is why a business exists.

Marnie
7th May 2012, 14:23
Parking permits
CCS Disability Action issues Mobility Parking Permits to people with specified disabilities. These permits are recognised under territorial authority bylaws as a permit for parking in marked accessible car parks on land and roads owned or administered by the territorial authority. Cars not displaying the permit may be given parking infringement notices or towed away.Accessible car parks on private land, such as at a supermarket, are not subject to Mobility Parking Permits unless the property owner specifies that they must be displayed. In this case, the sign at the park would say ?a Mobility Parking Permit is necessary.

http://www.dbh.govt.nz/accessible-carparks

HenryDorsetCase
7th May 2012, 15:15
Are they legally allowed to convert your car for their own intentions by placing the clamp on it without your permission? :confused:

How have they got around that ... or is car conversion a thing of the past?

car conversion is a criminal offence. I would argue that the criminal offence is committed by the clamper, not the clampee. But as I said before, we're in the civil jurisdiction, not the criminal, so it really doesnt apply.

HenryDorsetCase
7th May 2012, 15:16
There is obvisouly a lot of people abusing parking which is why such a business exists.

From the information presented (and only one side is presented) it seems an error of judgement has been made on behalf of the clampers. That fact that the Police were called shows that the company has failed to put in place a procedure to handle the cases where genuine error on their part has occurred.

It appears to be that there has been some abuse of power, and I'd like to see a test criminal charge laid against the clamping company to see whether a lack of ability to rectify a situation like this in a timely manner is acceptable.

I personally think that wrongly immobolising a vehicle and failing to promptly put it right has denied this ederly man his freedom.

I concur with my learned friend.

Zedder
7th May 2012, 15:18
Parking permits
CCS Disability Action issues Mobility Parking Permits to people with specified disabilities. These permits are recognised under territorial authority bylaws as a permit for parking in marked accessible car parks on land and roads owned or administered by the territorial authority. Cars not displaying the permit may be given parking infringement notices or towed away.Accessible car parks on private land, such as at a supermarket, are not subject to Mobility Parking Permits unless the property owner specifies that they must be displayed. In this case, the sign at the park would say ?a Mobility Parking Permit is necessary.

http://www.dbh.govt.nz/accessible-carparks

I'm not sure what you're trying to say here Marnie. There's nothing about the clamping issue.

brendonjw
7th May 2012, 15:23
Im curious as to if the clamp scratches the rim, can you then charge them for willful damage of property?

Zedder
7th May 2012, 16:37
There is obvisouly a lot of people abusing parking which is why such a business exists.

From the information presented (and only one side is presented) it seems an error of judgement has been made on behalf of the clampers. That fact that the Police were called shows that the company has failed to put in place a procedure to handle the cases where genuine error on their part has occurred.

It appears to be that there has been some abuse of power, and I'd like to see a test criminal charge laid against the clamping company to see whether a lack of ability to rectify a situation like this in a timely manner is acceptable.

I personally think that wrongly immobolising a vehicle and failing to promptly put it right has denied this ederly man his freedom.

I agree with what Oneofsix wrote earlier.

These guys are scum and work to their own rules exactly because they are not covered by law.

Also, from what I read, the article did present both sides of the issue and it would be interesting to see how a case could be brought to criminal trial when it is a civil matter.

Asher
7th May 2012, 17:02
Im curious as to if the clamp scratches the rim, can you then charge them for willful damage of property?

I believe it has been successfully done

p.dath
7th May 2012, 17:09
Don't you mean that there is obviously a more profitable way to extract money from people through clamping which is why a business exists.

So what happens is a person with a car park on private land can take out a contract with a company to remove un-authorised vehicles. That company then makes money from removing/clamping vehicles in from the car park on private land that the land owner does not want there.

The business only exists because of the level of abuse of those car parks on private land. If the land owners didn't need to take out the contracts such a business would not eixst.

Asher
7th May 2012, 17:30
People arent complaining about the existence of clampers but the way they go about their business; preying on the elderly and disabled, intimidation and the times when it is not obvious that it is private land.
Alot of the time people know they are taking a risk of getting clamped and you dont hear these people complaining. I have been clamped before but i knew i was taking the risk of not paying for parking as i didnt have cash with me, I didnt complain.

Bikemad
7th May 2012, 17:31
OK, here's what you do if you get clamped. Dont ring the clampers.

Ring a tow taxi or something. Get them to pick up your car and take it to your house and drop it off there. THEN ring the clamping company and say "come and remove this clamp, or I will gas axe the thing off. You have two hours to get your arse here and do that. If you dont do it I will remove the clamp myself."

Any subsequent claim by them for clamping fees you can say "Thats fine, see you in Court mofo". Since the clamp is evidence, I will retain that to exhibit in the proceedings, after I have removed it".

seems a bit pointless to me......whats a tow taxi gonna end up costing?...................have battery powered sabre saw or grinder...........will travel.............i have told my daughter if she ever gets clamped to ring me...........then ignore me and deny all knowledge of my identity when i show up and cut the clamp off the car acting as a sympathetic member of the community..........

bogan
7th May 2012, 17:40
The business only exists because of the level of abuse of those car parks on private land. If the land owners didn't need to take out the contracts such a business would not eixst.

If freeing up car park space is all the land owner wants, surely there is a better way than immobilising the cars in those spaces? as OO6 says, clamping just happens to be the most profitable, you have to pay the exorbitant fee before you can use your car again, and once paid, is a lot harder to get back (and less motivation) than the traditional parking tickets. One could ask the question, do the clampers pay land owners a cut?

As an aside, do the land owners have to inform the public that their car might be clamped/towed for illegal parking? As it seems to me it is seizure of property when clamped/towed.

Asher
7th May 2012, 17:46
As an aside, do the land owners have to inform the public that their car might be clamped/towed for illegal parking? As it seems to me it is seizure of property when clamped/towed.

Im pretty sure they dont. Of one the few times the issue comes up on the news im pretty sure they said they dont need to put up any signs indicating its a tow away area.

Imagine if someone parked on your lawn for a week so you got it towed then they sued you for not putting up signs

Zedder
7th May 2012, 18:15
Im pretty sure they dont. Of one the few times the issue comes up on the news im pretty sure they said they dont need to put up any signs indicating its a tow away area.

Imagine if someone parked on your lawn for a week so you got it towed then they sued you for not putting up signs

There is no legal requirement for signage. However, the landowner may find it very difficult to claim a release fee if there are no signs.

They can then only claim under "distress damage feasant" which comes from a very old law to do with livestock trespass and is a court matter.

Coldrider
7th May 2012, 21:57
So what happens is a person with a car park on private land can take out a contract with a company to remove un-authorised vehicles. That company then makes money from removing/clamping vehicles in from the car park on private land that the land owner does not want there.

The business only exists because of the level of abuse of those car parks on private land. If the land owners didn't need to take out the contracts such a business would not eixst.Clampers negotiate territories and carparks, bundle them together and sell of the rights as businesses.

Timber020
7th May 2012, 22:59
Get your own wheel clamp and clamp the wheel clampers vehicle.

Asher
7th May 2012, 23:14
Get your own wheel clamp and clamp the wheel clampers vehicle.

Better yet discretely chain their diff to something sturdy and giving them enough slack to gain abit of speed before it tightens.

Woodman
8th May 2012, 07:25
There was a case on fairgo a few weeks back where there were a lot of complaints about clamping in a carpark near a group of shops in auckland. The fines were OTT and when the fairgo guys went to talk to one of the shop owners they seemed scared to say anything against the clampers. I got the impression they were frightened of them which makes me wonder if there are some dodgy clampers out there running some sort of protection racket. Just a feeling I got is all.

oneofsix
8th May 2012, 07:32
Better yet discretely chain their diff to something sturdy and giving them enough slack to gain abit of speed before it tightens.

Has Asher been watching American Graffiti?

http://www.youtube.com/watch?feature=player_detailpage&v=CgZTVkjQwto

willytheekid
8th May 2012, 08:04
:shit:...disgusting!

great job police!, at least they saw through the bullshit and put pressure on the clamping pricks :niceone:

88yrs old FFS...AND a war vet! His crime...putting his card on the wrong side of the dash :facepalm:
Fucking scum! (I can understand the "right" to clamp people legally blah blah...but most of those pricks are just unreasonable scumbags!)

...pricks where lucky that crowd didn't turn on them

and they forgot the golden rule:

RESPECT YOUR ELDERS!...and never forget what those vets went through for ALL of us!

cheers for sharing headbanger :niceone: