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Home / New Zealand

Police powerless to act in clamping 'shakedown'

By Tess Nichol
Reporter·NZ Herald·
19 Oct, 2017 02:01 AM4 mins to read

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New Lynn man Edwin Paul had his car clamped in Henderson, by a man he believes was hiding behind a tree clamped him while he was just metres away from his car.

When an Auckland motorist was asked to hand over $200 in cash, on the spot, to a wheel clamper he was frustrated to find police were unable to help.

Edwin Paul was visiting the BNZ in Henderson last week and had his wheel clamped within minutes of arriving.

The incident was yet another example that highlighted how there was little motorists could do to stop private parking enforcement companies charging drivers excessive fees for parking in the wrong spot.

The Auckland man was frustrated the company had been so quick to clamp his car and to demand payment on the spot and called for better regulation.

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"It happens sometimes, but it has to be a process. They can't shake you down on the spot to pay cash.

"People make mistakes - it's like speeding thing if you're going two ks over the limit."

Paul said he was never given a chance to fix his mistake.

"I was still in the carpark on the other side of my car - one car park away," he said. "I was within metres of my car, checking it was an okay car park for me to park in. But this guy clamped [me] quickly and ran away."

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He said the young wheel clamper, who was not wearing a uniform or ID badge, appeared to have been lying in wait to clamp his car.

Paul was "absolutely" certain the man knew he was the car's owner as he said the clamper had been sitting and watching.

A sticker from Elite Parking Services was slapped on Paul's window, so he called to say he could pay, but needed to go into a meeting first.

He asked if he could he defer the payment.

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The "very rude" man on the phone wasn't having it.

"He said there was no way, I should have seen the sign and I had to pay."

Following the call the wheel clamper returned, demanding Paul pay him in cash.

Feeling uneasy about a business which would refuse to take eftpos, the New Lynn resident called the police - but officers said no crime had taken place.

The experience was very frustrating, Paul said.

Earlier this month a couple was forced to pay nearly $800 to Ponsonby Bashford Antiques owner Michael Organ to have their wheel released.

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They too called police, who said they were unable to help.

A police spokesman said police were aware of concerns from members of the public about clamping, mainly about seeking advice and what to do in these type of situations.

"As the clamping is taking place on private property this means it is likely a civil matter and would be dealt with by the owners/landlord of the property, and therefore is not a police matter.

"However if a person is in a situation where they believe a crime has been committed such as damage to their property or intimidating behaviour then it should be reported to police."

New Lynn man Edwin Paul had his car clamped in Henderson, Auckland, after a young man he believes was hiding behind a tree clamped him while he was just metres away from his car. Photo / NZ Herald
New Lynn man Edwin Paul had his car clamped in Henderson, Auckland, after a young man he believes was hiding behind a tree clamped him while he was just metres away from his car. Photo / NZ Herald

Auckland mayor Phil Goff has previously called clamping a "money making racket" and earlier this year said he was still committed to getting the practice better regulated.

Earlier this year he recommitted to action, saying the industry needed to be better regulated. He was approached for comment but was overseas.

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Elite Parking Services was approached for comment and while they did not reply this time, had previously responded to a Herald article.

In October last year the company responded to allegations their staff were intimidating and scary.

Steven Devantier said due to the nature of their job, people tended to be abusive towards them.

"It's not easy - it's quite often very scary and we've all got families to feed. And the reason why this industry even exists is because people continue to ignore that people think it's [okay] to park in somebody else's land.''

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