Is clamping and towing theft?

[Mekk]

I'm accused of being abusive and aggressive(sad to say I was in - attitude tho I said nothing personal) and told it's on tape, its said by tow chic that is part why the tow chic did not spend more time talking and get my full story, as if she relented to everyone aggro she'd never get her job done.

I'm pretty sure it's illegal to record someone without their permission. At least it is with recording telephone conversations. I can't see much difference here.

Anyway, try not to feel too bad. Everyone loses it at one time or another.

[Morcs]

How the fuck do you clamp a bike?
That's the first time I've heard of a bike being clamped (or towed, for that matter)

Clamp round one of the wheels...

they clamped 4 bikes there, and one got towed...

there was a fuck up with the signs tho, 2 different companies with the new company having just put up their ones whilst the others were still there.... we were telling them we'll give our money to the other company instead... just to piss them off...

[marty]

here's an idea. buy your own clamp. clamp your car when you go shopping. when the real clamp dude comes round he'll see the clamp and think it's already been done, so he'll ignore it!

remove your clamp when you get back, and drive away! simple!

[xwhatsit]

I'm pretty sure it's illegal to record someone without their permission. At least it is with recording telephone conversations. I can't see much difference here.

Anyway, try not to feel too bad. Everyone loses it at one time or another.

No, just telephones I think (not sure of the exact NZ rules). Everyday you're under the gaze of security cameras, ATM cameras, tourists' video cameras, and Big Dave's helmet cam.

Actually no, now I think of it, in NZ it's the audio bit which is illegal. Right? So shop security cams only record video, not audio -- I gave a hand with writing some software to interface with a DV security cam set-up, and they mentioned they would record audio but they can't. Wonder how that applies to Mr Miyazaki's videos from his bus-tour around the South Island?

here's an idea. buy your own clamp. clamp your car when you go shopping. when the real clamp dude comes round he'll see the clamp and think it's already been done, so he'll ignore it!

remove your clamp when you get back, and drive away! simple!

I like it, I like it a lot

[Timber020]

On a related note: It would be very easy to start a business stealing exotic cars: just buy a crappy used-Jap import truck, slap some bogus towing business signs on the sides, steal some number plates, then away you go. When I worked in Ponsonby, cars were towed left, right and centre, usually with alarms blaring, and no-one batted an eyelid. Perfect cover for a car-theft ring.[/QUOTE]

Already being done.

[davereid]

Get in your car. Sit down. Lock the door.. stay there and ring for help.

They're going to drive off with you in the car? No. They'll need to call the cops which is a good thing...

Re the law I have no idea. But the practical reality is they're not going to tow you while you are in your car.

You are right. They can't tow the vehicle with you in it.

I guess if you cut the clamp off they could chase you for the damage to it, but the onus of proof would be on them, it would be a civil case not simple deb collection, and maybe "clamp man" did it anyway !

[Mekk]

*words and sentences and stuff*

I had a look at the Privacy Act and found this:

Personal information shall not be collected by any agency unless---
(a) The information is collected for a lawful purpose connected with a
function or activity of the agency; and
(b) The collection of the information is necessary for that purpose.

When an agency collects personal information directly from the individual concerned, it must take reasonable steps to ensure the individual is aware of:

* the fact that the information is being collected;
* the purpose;
* the intended recipients;
* the names and addresses of who is collecting the information and who will hold it;
* any specific law governing provision of the information and whether provision is voluntary or mandatory;
* the consequences if all or any part of the requested information is not provided; and
* the individual’s rights of access to and correction of personal information.

These steps must be taken before the information is collected or, if this is not practical, as soon as possible after the information is collected.

Sorry about the long read!

Anyway, on that interpretation I would question why the girl would tape him as I don't see it being connected with a function or activity of the agency. Or is there something I have missed?

[xwhatsit]

Forgive me, as I stated earlier IANAL, but is the `personal information' they are talking about there a recording of their speech? The knee-jerk association I have with personal information is age, demographics, buying habits, all that kind of stuff the marketers lust after. Would an audio recording of somebody fall under personal information?

If that is the case, then yes, I'd say your dead right with the part about `function or activity'. An audio tape is not necessary to clamp and tow cars.

[Mekk]

No need for apology, I'm not either. I wasn't sure also, it was worth a look.

but is the `personal information' they are talking about there a recording of their speech?"

I questioned the definition too:

``Personal information'' means information about an identifiable individual; and includes information contained in any register
of deaths kept under the Births and Deaths Registration Act
1951:

I am guessing that information about an identifiable individual would include manner, tone of voice etc. Again though, I'm no lawyer either and don't know how that'd hold up in court.

[rwh]

Taxi companies etc routinely record phone calls. I think it's legit if at least one party knows it's being recorded. After all, it's merely an enhanced version of their own memory of the event.

Richard

[Mekk]

Taxi companies etc routinely record phone calls. I think it's legit if at least one party knows it's being recorded. After all, it's merely an enhanced version of their own memory of the event.

Richard

I would say that'd fall under:

(a) The information is collected for a lawful purpose connected with a
function or activity of the agency; and
(b) The collection of the information is necessary for that purpose.

I don't see the need for a clamper to carry a tape to record people though.

[Grahameeboy]

I was wondering, do you have to be licenced to clamp a car or can anyone do it.