Scooter chained to fence by towie - chain removed, scootered home. Now I need advice

[ralph4alice]

Today I parked my scooter on an area of dirt, bounded by reserved carparking, the roadway (Kumutoto Lane), and a bridge pillar (the Everton Tce motorway overbridge). I came back around 6pm, to find my scooter moved over next to a fence, and chained by its front wheel. A note said I'd been clamped (ie: chained) because I was parked illegally, and gave the company name and number : Harbor City Tow and Salvage. it also stated I'd be liable for any damage caused to the clamp by attempted removal.

So I promptly arranged for a mate with a bolt cutter! Thus, my scooter made it home OK (I'll be buggered if I'm going to leave it there for some miscreant to possibly steal). Chain, along with padlock, was deposited on the ground by the fence (I was going to drop it off outside the towie's premises on the way home so that they couldn't argue any admin costs for coming to get the chain, but my mate suggested it might be viewed as stealing if I took it!).

My opinion is:

a) I was parked on a place that cannot possibly be considered a carpark: it isn't on a sealed surface ; it is on the 'non-road' side of the kerb

b) if where I parked was regarded as a footpath, it would be one in name only: it's just a random dirt area with stones etc - it isn't even a garden.

So, regarding the legality on clamping me -

I looked around the web for opinions about the legality of wheel clamping. Basically, if you're parked on a carpark on private land, it seems to be legal to wheel clamp - as long as there's adequate signage (but unreasonable terms or conditions - such as extortionate fees - are less likely to be enforced).
( ref http://www.mta.org.nz/n2466.html )

I also understand that it's illegal to park on a footpath, and councils issue tickets for this. So that's OK - I parked there since I thought "who in their right minds would regard this as a footpath...".

So:

- if the area is a footpath: why would a towie clamp me? It causes the problem to remain (ie: if I'm supposedly blocking foot traffic, why keep the problem in place?)

- would a towie have the power to clamp a vehicle on a footpath at all? Surely that could only be done by a WCC parking agent.

- if the area is a carpark, then things would rest on what a carpark is defined as, and whether that space could legally be argued to be a carpark.

- and if it's a carpark, is it on private land? If so, why is the sign at the entrance a WCC sign? The sign down the back says "private property", so what gives? (And was I actually parked on the property itself??)

Here's a map of the location:

http://g.co/maps/buq74

And attached are some pictures of the location, and my scooter parked there a couple of weeks earlier (on this day, the exact location was about one scooter length further back).

Would be extremely keen to hear peoples' opinions on this:
- was the towie wrong?
- what repercussions can be expected from the towie's chain being cut? At most, they wouldn't be able to charge more than the replacement cost of the chain, I reckon.







Thanks heaps!
Ralph

[DMNTD:Me]

Opinion, and only an opinion...great place to park as it allows others the benefit of a parking space (ie: I'd be inclined to do the same) without holding up pedestrians.
However I wouldn't be surprised that the towie would be in the "right" as it wasn't a designated parking spot therefore "illegal".
Sucks big time

[TOTO]

dont knwo if it would be legal or not, but i'd do exactly the same as you have done.

[Hitcher]

I doubt you've escaped without consequences. The tow firm probably has a record of your bike's rego. Once they've discovered that your bike has gone and somebody has thieved off with their chain and padlock, you'll probably get an infringement notice of some sort demanding reparations.

Your only defence is likely to hinge around whether the area on which you were parked was signposted to alert you or anybody else about the consequences of parking there. It was signposted. You're fucked.

Good luck with that.

[koba]

Whoever made the decision to chain up the scooter must be a real dickhead.

I think you are still fucked though.

[JustNick]

Meh it'll be a whole lot cheaper to replace the padlock or chain than to pay towing fees. Just ask for a receipt for actual and reasonable costs of replacing aforementioned items.

[MaxCannon]

Towies and parking wardens are vermin.
If they send you a letter tell them to piss off.
If someone chained up my bike like that I'd do exactly the same as you did.

[steve_t]

Did you lock the chain to the fence so nobody else could steal the chain and lock? Oh, I just realised that you wouldn't be able to. They'll probably recover it and claim it was stolen anyway.

The tow company will have taken photos before acting. You might be in the crapper but your best bet is to find out who actually owns the land you were parked on. I also wonder if the sign says "you will be towed" if it's OK for them to chain it to a fence. They will probably try and sting you with a call out fee too

[GrayWolf]

Today I parked my scooter on an area of dirt, bounded by reserved carparking, the roadway (Kumutoto Lane), and a bridge pillar (the Everton Tce motorway overbridge). I came back around 6pm, to find my scooter moved over next to a fence, and chained by its front wheel. A note said I'd been clamped (ie: chained) because I was parked illegally, and gave the company name and number : Harbor City Tow and Salvage. it also stated I'd be liable for any damage caused to the clamp by attempted removal.

if the area is a footpath: why would a towie clamp me? It causes the problem to remain (ie: if I'm supposedly blocking foot traffic, why keep the problem in place?)

- would a towie have the power to clamp a vehicle on a footpath at all? Surely that could only be done by a WCC parking agent.

- if the area is a carpark, then things would rest on what a carpark is defined as, and whether that space could legally be argued to be a carpark.

- and if it's a carpark, is it on private land? If so, why is the sign at the entrance a WCC sign? The sign down the back says "private property", so what gives? (And was I actually parked on the property itself??)
Would be extremely keen to hear peoples' opinions on this:
- was the towie wrong?
- what repercussions can be expected from the towie's chain being cut? At most, they wouldn't be able to charge more than the replacement cost of the chain, I reckon.
Thanks heaps!
Ralph

Hi Ralph,
well as is anyone's it's only my opinion....
I think you'll find WCC give the towies the rights to tow vehicles from their car parks.. so I am going to guess the towie has thier permission. Private land as far as the road rules are concerned? I think car parks are classed as private land with public right of access if Council owned.

I agree with another comment, although you were on the 'waste ground' it IS on the carpark land, ergo the towie will have a legal right to tow you or clamp you.
Sadly some of the towies are simply assholes, some are a bit more intuative, as bikes are not usualy charged parking fees, and/or park on an area not obstructing anything.... guess you just lucked out with this one...
I think you will get charged the cost of the lock, and no doubt some exhorbitant fee for administration, lost revenue, time, etc, etc......

Hope not, but????

GW

[Quasievil]

I would find out what mandate they have in clamping your bike on this piece of property, who owns it and where is there authority to do this to your private property.
Tow truck drivers are NOT the law they are a common business they are not the police.
And was there any "no parking" signs or anything to suggest that it would be illegal for you to park there.

I would go heat seek on there arse, further I would take the initiative and get stuck into them, I wouldn't wait for them to come to me...........but I like a good fight against Nazi mutha fuckers !

[Quasievil]

Sorry Edit, I see the sign, but you are not in a reserved car park, you are to the side of it on a piece of dirt, you have not occupied a reserved car space, or hindered its access

I would be fighting like a fucker on that one !

[bikaholic]

You need to review a 'target' program screened not too long ago about a dude who removed a clamp from his car.

[DrunkenMistake]

I would be the spiteful cunt to break into the towies and clamp all their trucks.
But thats just me.

Sucks what happend, I would fight them on it

[LBD]

I came back around 6pm, to find my scooter moved over next to a fence, and chained by its front wheel.

Clamping is one thing but the bike was moved...is that allowed?

[Spearfish]

I would give them a phone call and ask...
Where is my scooter I need it for__________
The last time you had seen the scooter it was chained to a fence so where it it now?
Has it been stolen?
What are your rights regarding a stolen scooter considering they they interfered with its security?




Leave it a week or two then phone back and say you found it and the stress of having your scooter stolen and inconvenience you have suffered is roughly double the price of the parking fine so when can you expect a check in the mail.