When parking your car in a public space, prevention is better than cure. It’s best to park in a marked parking facility, or a clear parking spot, than risk parking somewhere you’re not legally permitted to.
Getting a parking ticket or having your car clamped or towed can definitely dampen your day. However, sometimes a ticket is unavoidable, for example if you’ve paid for parking but returned to your car after the expired time due to any number of unexpected reasons.
If you do get a parking ticket, or your vehicle is clamped or towed away, it’s important to know what your rights are. Here is some information on how to prevent this from happening and what to do if you find yourself in this situation.
Paid parking
When parking in a marked paid parking space look out for signs that tell you how long you can park for and the fee you need to pay, as well as any other terms or conditions. By parking, you’re agreeing to the terms listed on the signs.
Here are some tips on preventing your car from being ticketed, towed or clamped:
• Choose your parking spot carefully
• Read the signs near the parking space or at the point of payment
• Follow the conditions listed on the signs; these include paying attention to time limits, fees and what will happen if you break these conditions
• Remember that if you park on private land, even if there are no signs, your car may be towed and clamped, and you’ll need to pay.
Parking on public roads
Public roads include beaches, ferries and places the public has access to. These are regulated by the Land Transport Act 1998 and local bylaws. On public roads, the Police and parking wardens can:
• Issue tickets for parking offences regulated under the transport regulation
• Prohibit or restrict parking on any road as long as signs are displayed
• Have a vehicle towed if they believe its location on the road causes obstruction or if towing is in the interest of road safety or the public interest; for example, if you’ve parked on yellow lines or a pedestrian crossing.
Most local councils have further information on their website on local parking offences and policies, including fees.
If your vehicle has been clamped or towed
If you see your vehicle being clamped or about to be towed away, ask the person doing it if they have the authority to do so. Only an agent of the landowner or business can lawfully have the vehicle clamped or towed.
Once you’ve established they have the authority to do so, you may have the option to pay on the spot to have your vehicle released. It is possible to recover some of your money later. You could also negotiate a reduced fee or pay part of the release fee and receive an invoice for the outstanding amount.
If you do make a payment, be sure to ask for a receipt. You can only be charged up to $100 if your vehicle has been clamped. If the clamper refuses to release your car, or if they insist on charging more than the maximum amount, you can contact the Police.
Also be sure to take photos or take note of any unclear or obscure signs or boundary lines that may have faded and are no longer clearly visible. Ask for the contact details of the agent responsible for clamping or towing your vehicle.
Don’t try and remove the clamp yourself as it may cause unnecessary damage and the clamper may seek the cost of the damages.
You have the right to seek a part or full refund, or in some cases, compensation, if:
• You were misled by the sign
• The ticketing, clamping or towing was unjustified or unauthorised
• The enforcement fees are unreasonable.
If you receive a parking ticket
You will generally need to pay the penalty if the reason for issuing it is justified. If the ticket was unauthorised or unjustified, or if the fee is unreasonable, you can make a complaint to the landowner, tenant or parking enforcement firm.
If you are going to challenge the ticket, take pictures or make notes of any unclear or obscure signs.
Steps you can take to appeal a ticket, clamping or towing are:
• Contact the landowner, tenant or parking enforcement business
• Negotiate for a reduced fee or partial refund if you think the fee paid was unreasonable
• Request a refund of any infringement fee if you use a parking facility but there were no clear signs about towing or clamping.
If agreement can’t be reached, you can make a claim to the Disputes Tribunal or report the company to the Commerce Commission.
You can get support and advice from:
● Citizens Advice Bureau (CAB)
● Community Law Centre