Member Comments

Before you do anyting, ring the tow company, tell them your car has broken down, and you need to towed and stored somewhere safe for a few days, whats the tow and storeage fee. Write all this down, along with the name of the operator, time of call etc.

Ring back, and ask how much to collect your towed car.

Target had a program on TV3 last night -10/5/2011. It it well worth viewing. You can check out the show click on this link http://ondemand.tv3.co.nz/Target-Season-13-Ep-13/tabid/59/ar
ticleID/2823/MCat/21/Default.aspx.
The advice given on Target by the lawyer Alex Witten-Hannah was that clamping is 'unlawful' in New Zealand as there is no legislation for it! He strongly suggested that people who have been clamped take the clamping company to the Small Claims Court. You can file a claim up to 6 years after the event. It costs $50 to lodge the claim however even if you win your case you still lose your $50. He says to take the receipt from the clamping company along with a copy of the court ruling the 'Police v's Krupinsky' and give it a go!

This issue has been done with a fair while ago, but at one point I was towed for parking on private property. As I returned to my vehicle, I found it hitched up onto a tow truck just about ready to go. I was given an on the spot charge of $180, whether I were to pay it to them right at that moment, or from their tow yard. Despite asking for my options, I was not given the important fact that I was allowed to have my vehicle released for free. I suppose a tow truck driver wouldn't want to tell you about your rights now would they? I couldn't pay it on the spot, and felt a little sick seeing my vehicle being carted away. It also helps sink in the reality of what your car alarm really protects your car from.

After being more informed about my rights, I took it to the deputes tribunal. They weren't there to defend their side, but I feel I won for a good couple of reasons.
1. They refused to release the vehicle as I arrived, and any further costs would have been of their own fault anyway.
2. It was a bit dark, so I could not clearly see the towing signs. Plus the carpark was largely empty.
3. My written complaint to them felt ignored and was treated largely as non-factual. I used the words "distress damage feasant" in there somewhere.

I managed to recover all the costs of what I paid to them by the end of the hearing, but it can't take back what I had to go through getting there. Things like seeing my vehicle being towed away from me in plain sight. Having to dispute it both in person, and then in writing. And having to go through all the trouble with the disputes tribunal. All preventable if they had just released my vehicle as I had arrived, or they could have even gotten away with charging a much smaller fee, and I wouldn't have been the wiser.

I was charged $150 today to have a wheel clamp removed after I parked in a mall-type carpark outside the shop where I then brought fruit & vege. There was a small sign on the curb saying "P60". I visited other shops in the area and came back to find my car clamped 20 minutes over the 60 minutes. I couldn't see any signage about clamping but had no choice but to pay the $150 to have the clamp removed. How is this interpretation of "private property" legal? The Clamping company won't tell me who has put the policy in place (it isn't the fruit & vege shop) so how can I pursue this?

What is the position regarding wheel clamped vehicles? If I cut off the clamp using a cordless grinder and drove away, what is my position?

I guess at the end of the day it's best to have a good look around and make sure you can park there.

After considering a case in which a car was towed away from a parking lot WITH THE OWNER STILL IN IT, the High Court ruled that distress damage feasant does not apply where the owner of the car has possession. So, if you get into your car, effectively gaining possession and control of it, a tow truck driver MUST release it. However, most tow truck operators will attempt to charge you a call-out fee if they have already broken into your car in order to hook it up. YOU DO NOT HAVE TO PAY. If my memory serves me correctly, this statement was made some time ago by Consumer and it is one which I carry as "closely to my heart" as I carry a copy of it in the glovebox of my car! Don't let towies get the better of you. Stand up to them...even if they are bigger than you are!