Consumer NZ determined to change rampant wheel-clamping culture

Bashford Antiques
Bashford Antiques storefront. Photo credit: Newshub

Recent cases of aggressive wheel-clamping in Ponsonby have added further grist to the mill for Consumer NZ, as it pushes for greater regulation of private parking.

The long-standing issue has risen to prominence again, after a couple returned to their car, parked outside Bashford Antiques in Williamson Ave, to find it clamped and the proprietor demanding $360 in cash for its release.

During the course of a heated conversation, reported by Spinoff columnist David Farrier, the asking rate was bumped up to $760 and police were called to the scene.

The car owners claimed police told them there was nothing they could do - they must pay whatever fine the proprietor asked.

Mr Farrier told RadioLIVE's Mark Sainsbury on Wednesday that he had documented a long string of clamping incidents outside the same store and claimed there was no clear signage warning of repercussions.

That signage only appeared on Monday morning, he insists, after the latest episode.

"Here's a person who's seen an opportunity, he knows that there are restaurants up the road that are open late and on weekends when the store is shut, and he lives above the store," Mr Farrier told Sainsbury.

"He will be sitting up there, looking down, waiting for people to park and then turning it into this huge ordeal."

When contacted by Newshub, Bashford Antiques director Michael Organ disputed Farrier's version of events on Sunday night as "false allegations", but confirmed that he had charged $760 to release the clamped car.

He was also adamant the parks were very clearly marked as private property and that owner Jillian Bashford-Evers was seeking legal advice on how she dealt with "trespassers" in future.

"I'm not going to allow Jillian to be bullied," said Mr Organ.

"She doesn't want people on this property and that is her legal right."

Consumer NZ head of research Jessica Wilson agrees incidents like this are too common in New Zealand.

"Apparently, you can charge like a wounded bull," she told Sainsbury.

"It is an area that really escapes regulation and we're a bit behind the times. 

"Other countries have banned wheel-clamping, because of the problems it creates.

"The kind of fines we're seeing are huge - $400 or more. It really is kind of extortionate."

Ms Wilson said an existing code of conduct that governed private parking was voluntary, with only a few signatories.

"The cowboys out there, doing this wheel-clamping, they're not signatories. Effectively, the code says 'don't clamp, this is your last resort'.

"You've got a right to police your own carpark, but there are a lot better ways of doing it, for example ticketing, where it's clear what the prices is."

Currently, the best course of action open to clamped parkers is to pay the fine, no matter how big, and then take the matter to the Disputes Tribunal.

"It's a difficult situation to be in," said Ms Wilson.

"You want to get your car back, the wheel-clampers have got you over a barrel and you need to pay to get it back.

"But if there is no clear signage that this is a private carpark and you face this risk, contest it and go to the tribunal.

"Wheel-clampers are relying on the fact that people can't be bothered, that no-one's got the time or want the additional cost, but people have successfully gone to the tribunal and got a refund."

Ms Wilson also urged victims to gather evidence and send it to Consumer NZ, who - along with the Automobile Association - is building a case for better regulation.

"We want it banned, because it does no-one any favours."

Newshub.