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Home / New Zealand

Victim: Fine for clamping operators not enough

By Carla Penman
NZ Herald·
22 Aug, 2018 06:02 AM3 mins to read

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Focus: Victim - Clamping operators should be charged with 'inciting violence'
Louise Allen and her grieving friend were clamped at 20 Sel Peacock Drive in June. ...
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      Louise Allen and her grieving friend were clamped at 20 Sel Peacock Drive in June.
      NOW PLAYING • Focus: Victim - Clamping operators should be charged with 'inciting violence'
      Louise Allen and her grieving friend were clamped at 20 Sel Peacock Drive in June. ...

      A woman who was clamped at a west Auckland car park believes slapping clamping operators with a fine does not go far enough.

      Louise Allen was clamped and charged $200 at 20 Sel Park Drive, Henderson, along with her grieving friend who had just lost her son, while they were talking to police in June.

      Allen is one of many people who have been caught at the spot, including a Herald reporter whose car was clamped - despite the fact a cameraman from the same vehicle had legitimately purchased items from the complex's bakery.

      Speaking at the very site that's made headlines, Consumer Affairs Minister Kris Faafoi and MP Phil Twyford announced a crackdown on clamping operators.

      They announced a maximum amount that an operator could charge of $100 for removal of a wheel clamp, enforceable by police if the operator tried to charge more. Police would also have the power to fine clampers who tried their luck.

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      "[Police] will be able to issue an infringement notice of $1000 for an individual and.. $3000 for a company," Phil Twyford said. And if the case went to court, an individual could be fined up to $3000 and a company, $15,000.

      Speaking from her Glen Eden home shortly after the announcement, Louise Allen told the Herald the proposed legislation was a "step in the right direction" but didn't go far enough.

      "It doesn't address the fact that when they are doing this clamping, they're actually inciting people to get angry and aggressive because they're doing something to somebody's car," she said.

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      Allen thinks between now and when the legislation comes into effect, violence may escalate.

      "When it's $100 you might find clampers becoming more aggressive because they need to clamp more to earn the money that they used to earn just clamping one," she said.

      "If they're clamping at $400 each, then they're going to be four times more aggressive."

      Mark Stockdale, AA principal adviser for regulations, said having no regulations for wheel clamping has allowed anyone to set themselves up in the clamping business and charge any penalties they like, on any private property, any time.

      He said $100 was disproportionate for the offence and it didn't solve the problem of denying motorists the opportunity to dispute a wheel clamp penalty without paying on the spot.

      "The AA also believes wheel clampers should be regulated, the same way tow truck operators are.

      "Tow truck companies have to be licensed, they have to keep a record of the opposed, they have to have uniforms so that people can see that they are professional and not someone stealing their car."

      The proposed legislation is hoped to go before Parliament by the end of the year, to come into effective this time next year.

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