Clamping fine - fair or not?

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Batman

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#224178 6-Nov-2017 15:58

Just read this Uber Eats delivery guy getting a $350 fine for doing a $5 job.

Anyone knows the location of this place? I thought private carparks require a warning notice of stated "fineage" to apply a fine?

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#1896176 6-Nov-2017 16:07

This has been in the news/blogs for a year or more.... avoid Bashford Antiques (who, according to the last reports I read, are not even registered traders, therefore breaking the law). The guy has a dodgy history.

https://thespinoff.co.nz/business/10-10-2017/the-bashford-antiques-saga-part-iii-760-for-a-half-hours-parking/

As for clamping, the general unwritten "rule" apparently is allow 10-15mins grace, then go for it.

Personally, if its a one off 5-10 min stop, it should be fine, but repeat offenders, yes, nail them. The fines however are nuts - how Bashford can justify the amount I cannot understand, especially late at night when their store is closed, and not making money. If it was open, and a busy store, yeah, having a parking spot tied up for 15+ mins could cost them money from a potential customer driving off due to lack of parking.

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#1896177 6-Nov-2017 16:09

From what I understand they can only charge the value of lost revenue, but when there is a clamp on your wheel what choice do you have?

What it needs is a series of well publicised successful disputes tribunal decisions that make it clear that extorting large amounts of money this way should not happen.

Ideally the govt show pass a law that outlines what is fair and what is not and set some very specific rules about clamping, but I doubt they will unless one of MP's get clamped....

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#1896179 6-Nov-2017 16:10

The clamper probably makes his living from clamping. He shouldn't be dealing in antiques as he apparently has no 2nd hand dealers licence. Long overdue for a court case.

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#1896187 6-Nov-2017 16:20

Spend the $350 on a cordless angle grinder, cut clamp off.

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#1896198 6-Nov-2017 16:23

I can only imagine how frustrating it must be to own a carpark (or parks) and other people constantly just "borrowing them for a quick second" all the time.

We get really upset when we see disabled parks being taken for a minute or two, so why do we all hate on Mr Organ? It's his land.

If the signage isn't adequate then sure, that probably needs to be corrected, but you can't just say "Oh there's no markings here, sure it looks like private land, but I guess it's fair game to park for free" and expect to have a great day.

Now is the fine ($350) fair? Well if he could rent that carpark (or parks) out for $350 a week, then yea, it's probably fair. Because your tenant is going to go elsewhere quickly if you can't keep people out of the damn park.

Mr Organ certainly acts like an Organ, but I bet if someone parked in your garage every second night you'd start to act like a bit of an Organ too.

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#1896203 6-Nov-2017 16:36

I'm probably in the minority, but I have absolutely zero sympathy for the people that get clamped by this guy.

Sure, he sounds like a "completely unreasonable gentleman" <- note submissions are open for understatement of the year award ;-)

...but the fact is, it's a privately owned carpark. You won't be clamped if you don't park on someone else's property. Every story I've read about this place has been filled with aggrieved drivers making excuses for their entitled behaviour. "It was only for 5 min." "It was outside business hours." "Nobody else was using it." "I wasn't inconveniencing anyone."

The solution is simple. Stop parking on other people's property and you won't have to deal with over-priced clampers.

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#1896208 6-Nov-2017 16:40

Someone spotted the business was for sale recently.. not sure what happened there.

However, I'm surprised noone has potted him simply on stating 'Its the law' on camera - when clearly they know it is not, and exploit the fact.

:nz clamp bashford

Is all that is needed.

Astounding how the signage comes and goes.. (or obscured) http://www.newshub.co.nz/home/new-zealand/2017/10/consumer-nz-determined-to-change-rampant-wheel-clamping-culture.html

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#1896214 6-Nov-2017 16:45

6FIEND:

I'm probably in the minority, but I have absolutely zero sympathy for the people that get clamped by this guy.

Sure, he sounds like a "completely unreasonable gentleman" <- note submissions are open for understatement of the year award ;-)

...but the fact is, it's a privately owned carpark. You won't be clamped if you don't park on someone else's property. Every story I've read about this place has been filled with aggrieved drivers making excuses for their entitled behaviour. "It was only for 5 min." "It was outside business hours." "Nobody else was using it." "I wasn't inconveniencing anyone."

The solution is simple. Stop parking on other people's property and you won't have to deal with over-priced clampers.

Mike

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#1896217 6-Nov-2017 16:48

History:

https://thespinoff.co.nz/society/05-09-2016/the-incredibly-weird-tale-behind-the-bashford-antiques-clamping-story/

http://www.newshub.co.nz/home/new-zealand/2016/09/bashford-antiques-admits-owning-wheel-clamping-company.html

Michael Daniel Albert Francis Organ sounds like a right w*nker with delusions of grandeur. This a mouthful of a name to remember - easier to recall as "The name's Morgan - big M, little organ".

But having said that, I do agree with @6FIEND above.

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#1896244 6-Nov-2017 17:10

I use to live in Ponsonby Three lamps end near the shops and I use to come home and find cars parked up my drive way and the owners of the cars are having dinner at the local resturant and come back a few hours later.

I would park right up behind the car and it was impossible for them to leave and they would knock on the door for ages and after about 20 minutes pop my head out and people would say why did you take so long to get to the door

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#1896262 6-Nov-2017 17:28

6FIEND:

The solution is simple. Stop parking on other people's property and you won't have to deal with over-priced clampers.

I think the point of the OP is more 'does the punishment fit the crime' - surely one of our society's founding values.

Most of the posters in this thread are just like chimpanzees on MDMA, full of feelings of bonhomie, joy, and optimism. Fred99 8/4/21

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#1896283 6-Nov-2017 17:48

Linux: I use to live in Ponsonby Three lamps end near the shops and I use to come home and find cars parked up my drive way and the owners of the cars are having dinner at the local resturant and come back a few hours later.

I would park right up behind the car and it was impossible for them to leave and they would knock on the door for ages and after about 20 minutes pop my head out and people would say why did you take so long to get to the door

Linux

Shoud have told them they had to wait while you had dinner.

I used to work in rental car business next to a popular night club. Many weekends we would have to drag any cars out of the entrance-ways with a truck before opening. It was quiet street on the weekend so we just used to re-park them on the centre line. No-one ever complained.

Whoever was opening on weekends would take a truck home so there was a dragging vehicle outside the enclosure.

Mike

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#1896289 6-Nov-2017 18:05

gregmcc:

From what I understand they can only charge the value of lost revenue, but when there is a clamp on your wheel what choice do you have?

What it needs is a series of well publicised successful disputes tribunal decisions that make it clear that extorting large amounts of money this way should not happen.

Ideally the govt show pass a law that outlines what is fair and what is not and set some very specific rules about clamping, but I doubt they will unless one of MP's get clamped....

I believe that only applies to a commercial car-park where a driver has overstayed a ticket.

cruxis

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#1896300 6-Nov-2017 18:25

Its cheaper to remove it yourself go down to bunnings get a angle grinder. The police will not get involved as its a Civil matter. I know this as I have removed clamps myself.

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#1896332 6-Nov-2017 20:20

6FIEND:

I'm probably in the minority, but I have absolutely zero sympathy for the people that get clamped by this guy.

Sure, he sounds like a "completely unreasonable gentleman" <- note submissions are open for understatement of the year award ;-)

...but the fact is, it's a privately owned carpark. You won't be clamped if you don't park on someone else's property. Every story I've read about this place has been filled with aggrieved drivers making excuses for their entitled behaviour. "It was only for 5 min." "It was outside business hours." "Nobody else was using it." "I wasn't inconveniencing anyone."

The solution is simple. Stop parking on other people's property and you won't have to deal with over-priced clampers.

Says it all

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