You speaka my language. I am with you:-)
Wheel clamping overall is a good idea it certainly stops motorists using their car any further.With many reasons why a car can be clamped.I know once a year where i live if motorists have overdue parking fines or other type of issues and have visited the local Showgrounds for the show their car will be clamped until they sort their issue out.No towing to my knowledge.Sure their are dodgy operators out their but the majority just like with anything are just doing their job
OT, but a nearby resident often goes on holidays and clamps his own wheels to keep his car from being stolen while he is away
Is it OT? I think it is relevant particularly if it becomes “illegal to clamp” and someone sights the vehicle with the clamps and gets the authorities involved, or if as suggested above some firm is employed to go around cutting clamps off Imagine the surprise (perhaps another emotion instead) the owner would have on their return.
I had previously noted that in Queensland wheel clamping is not legally permitted.
Of course while not exactly OT the resolution has been to clarify and regulate removal by towing. Would you prefer your vehicle to be removed instead?
One short sentence says it all:
Parking in private parking areas
There is no general right to park on private property - if you park somewhere you are not authorised to park your vehicle may be towed.
Of course there is a caveat - it needs to be legal if you arrange the removal. Body Corporates have been known to make rules that they have no legal entitlement to make. Which is why it may be so difficult to find a simple answer.
I think this is occurring because the people clamping do not have authority to issue parking tickets. To get around the law they have been granted permission to clamp.
What if the person that was clamped required their vehicle as a matter of urgency or an emergency? It is extortion.plain and simple.
I could see some brawls arising from this and I think the law prohibits damaging the clamps.
Would having the vehicle towed be different? My work office fronted a clearway and one of our ‘employee benefits’ was watching the tow trucks remove cars at the appointed clearway start time. It was amazing how many people felt hard done by when they would return 5-20 minutes later to find their car gone. It was a major thoroughfare and illegally parked vehicles caused significant congestion so were timely towed.
When a private driveway is blocked there is a victim who is ‘trapped’ whether in or out of it.
Why would the ‘perp’s’ rights be more important than the ‘victim’s’? I am not a law and order type, but I put ‘victim’s’ rights well ahead of ‘perp’s’ in cases of illegally parked vehicles that are obstructing, but back to the OT
there appears to be no obstruction involved, just really bad governance.
Re the $170 it could have been called out in the clamper’s contract with the BC. I could imagine a hard edged sort could get a clamping company to sign up for servicing a particular car park at no cost to the BC, to make their money on clamping and removals, so waiving the fee would be out of the BC’s pocket. (I have seen similar contracts.)
Bottom line is there are not many if any protections for ‘us’ whether we need unfettered access to our own driveways or a business or block has decided it wishes to enforce time limits.
Given that private car park areas, commercial or unit, generally do not have the rights to issue and collect ‘fines’, what do you suggest? Some of this Choice article is relevant.
Typically in a lot of real estate forums you get a large number of topics relating to improper use of car parking on private property in particular strata’s. BC’s typically haven’t had the legal means to do much if anything about it (breach process and issuance of a ‘fine’ was tenuous at best and often if ignored there was/is no recompense to chase it as it would end up in a tribunal not court) to the point members of the public can use it as a parking space and because its private but common property said person has more legal rights than not.
Much like your daughter has the expectation her car won’t be vandalised (for parking without displaying correct permit) the clamper/BC has the same right for their equipment. I don’t think the BC just randomly came up with the idea of outsourcing and going to all the effort to engage the clamping company I’d wager there was a parking issue that made that happen too (and likely there would have been at least one owner who would have been quite happy to do some very bad things to said vehicles).
If the issue is the permit (as its some weird double sided deal) then its on the BC and your daughter to ensure they issue ones which are useful/usable within reasonable expectations. The clamping company is doing what they’re expected to do (between x and y hours if you don’t see the correct permit then clamp it). Should be complaining to the BC not the clamping Company.
maybe think of the flip side if people were parking there ‘illegally’ and weren’t getting clamped how would your daughter feel about not having anywhere to park?
Thank you for your thoughts. She wasn’t parked illegally just ridiculous permit. I will get more information over the weekend.