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Home / Bay of Plenty Times

Council pays $5000 over parking dispute

Bay of Plenty Times
22 Mar, 2017 11:20 PM3 mins to read

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Geeks on Wheels chief executive Matthew Carr-Gomm in one of its signwritten cars. Photo/Supplied

Geeks on Wheels chief executive Matthew Carr-Gomm in one of its signwritten cars. Photo/Supplied

Tauranga City Council has been ordered to pay a Tauranga company $5000 after it was found to have wrongly issued parking tickets for signwritten vehicles.

Computer service and repair company Geeks on Wheels has been fighting the council about parking tickets issued to the company in the summer of 2015 and 2016 for parking its signwritten vehicle in a public place.

The fight went to court on July 7, 2016 and a magistrate found in the council's favour.

Geeks on Wheels appealed and on March 17, Judge Paul Mabey QC released his judgment in which he said the bylaw was invalid and Geeks on Wheels had been wrongly prosecuted. The infringement penalties were quashed and the council was ordered to pay costs of $5000.

Judge Mabey said in his judgment that between December 2015 and January 2016 a black Bedford van with the registration 4AGEEK was parked in a parking area on Maunganui Rd.

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It was signwritten in large white letters "Geeks on Wheels" across the whole length of the body of the vehicle.

Parking wardens from Tauranga City Council issued infringement notices to the vehicle on five occasions, totalling $360, for parking a signwritten vehicle in a public place under the Traffic and Parking Bylaw 2012.

The bylaw reads: "No driver or other person in charge of any vehicle shall without the written approval of the council park that vehicle (whether attended or unattended) on any road or public place for the primary purpose of displaying or promoting any trade, business or event. In granting approval, the council may impose conditions."

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Geeks on Wheels chief executive Matthew Carr-Gomm said the company got parking tickets all the time across the country, which it happily paid when they were "legitimate".

"In this case - fair go - the tickets were really not fair or reasonable, and it looked like it was going to impact our business - we had to do something."

Mr Carr-Gomm sent the Bay of Plenty Times a copy of a Local Government Official Information and Meetings Act response that revealed the council had issued 348 parking tickets under the same bylaw Geeks on Wheels was stung by, resulting in $9200 in revenue.

Another information request by the company showed the council had spent $24,931.89 on the prosecution and appeal process.

Mr Carr-Gomm said he thought the bylaw was stupid when Tauranga City Council had 93 of their own signwritten vehicles staff would have to leave parked in public places.

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Council has offered all vehicle-owners who have been infringed for this offence a refund.

"The intent of the bylaw is to protect community safety. In this particular clause, a vehicle parked for promotion at a busy location is a safety hazard for motorists.

"The ruling does not change the intent of the bylaw, which is to promote road safety by reducing hazards and unecessary distractions for road user," a council statement said.

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