Tauranga automotive business fined $200 for parking client’s unlicensed car on a road

Autoworld Papamoa owner Grant Robertson wants the Tauranga City Council to increase on-street parking rather than issue customers fines for unwarranted and unlicensed vehicles. Photo / Sandra Conchie

A Pāpāmoa automotive business owner is refusing to pay a $200 fine issued when he moved a client’s unlicensed car on to the street.

Autoworld Papamoa co-owner Grant Robertson said he also feared losing business after a parking warden had pinged at least 30 clients' unwarranted or unlicensed vehicles in the past 12 months.

Robertson told the Bay of Plenty Times that a Tauranga City Council parking warden regularly visited the area, at least once a week.

“The warden used to check for other parking offences but in the last 12 months he has only been coming to check vehicles parked on the road without a current WoF [warrant of fitness] or registration licence.

“I have no problem with the council issuing tickets to owners of vehicles that have been unwarranted or unlicensed for a year or more, that’s fair.

“But these are my customers booked in for repairs or checks to get their WoFs renewed, or vehicles relicensed, and there is a tremendous shortage of on-street parking spaces in this area.”

Grant Robertson is upset customers are being fined $200 for unwarranted vehicles parked on the road while awaiting repairs. Photo /Sandra Conchie

He said that in the past 12 months at least 30 customers' vehicles had been pinged and he was issued a $200 infringement after driving a customer’s unlicensed car parked outside the workshop on to the road.

He said the customer had left it parked outside the workshop, which prevented access for other vehicles.

Robertson said when he challenged the fine, a council officer told him if a vehicle failed a warrant of fitness check, he needed to call the owner to collect it and drive it to their home.

“It really affects our working customers more than anyone and it’s impossible to get those people to come and pick up their vehicle straight away. It’s an absolutely impractical request.

Autoworld Papamoa is on the corner of Papamoa Beach Rd and Palm Springs Boulevard. Photo / Sandra Conchie

“It’s ridiculous, as we could probably park two vehicles behind the garage but there was just not enough parking in this area to meet our customers’ needs.”

He said the current business environment was “not rosy” and the business could not afford to lose customers.

“A simple solution would be for the council to allow me to put a notice on the dash of clients' vehicles so the parking warden knows they’re booked in at my workshop.

“However, the council won’t have a bar of it.

Autoworld Papamoa says at least 30 of its clients have been ticketed in the past year. Photo / Sandra Conchie

One of his customers, who did not wish to be named, said he received an infringement for a vehicle several months ago.

“Small-business owners like Grant cannot afford to lose business because of over-zealous council ticketing willy nilly.”

He said issuing fines when Robertson had no workshop space to park vehicles was unfair and disruptive.

“Grant doesn’t deserve to have this issue continue and hopefully someone sees some common sense.”

The owner of another Pāpāmoa automotive business said he had experienced similar problems, but trying to discuss a practical solution with the council had proved difficult.

Motor Trade Association’s view

A Motor Trade Association spokesman said councils played an important role in road safety by ticketing vehicles without a current warrant of fitness.

“But many people would say it’s not a fair go to ping a motorist who’s doing the right thing in getting a WoF by ticketing them outside the workshop, even if that’s the letter of the law.”

The spokesman said it seemed “a little inflexible” to issue a ticket to a business which may have briefly parked a customer’s vehicle on the street for legitimate reasons, such as access or safety.

“We understand at least one council will cancel the infringement in similar circumstances if a letter is provided, explaining the reason for the vehicle being parked on the road.”

Tauranga City Council response

Stuart Goodman, the council’s team leader regulation monitoring, said the council had explained to Robertson the responsibility sits with the driver at the time of the offence rather the registered owner.

“All vehicles parked on the roadway should be road-legal to avoid infringements. You’re allowed to drive an unwarranted vehicle directly to a place of repair if it’s safe to do so.

“We had advised Grant that if his customers' vehicles are not warranted and/or licensed they should be parked on his premises. We appreciate vehicle storage for businesses such as this can be problematic.”

Goodman said the council tries to take “a holistic view” that on-street parking should be available for the wider public use, rather than being taken up with vehicles for repair.

“Some of these vehicles were parked on the street for long periods of time during business hours. This can impact other businesses when their customers can’t find a park for shorter periods of time.”

Sandra Conchie is a senior journalist at the Bay of Plenty Times and Rotorua Daily Post who has been a journalist for 24 years. She mainly covers police, court and other justice stories, as well as general news. She has been a Canon Media Awards regional/community reporter of the year.