Wheel Clamp Fee Appeal [Archive]

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RGVFAST

11-02-2012, 03:20 PM

Has anyone challenged a wheel clamp removal fee?

Wifes car got clamped at City West with the stated arrive time of 10:30am. At that time my wife was in Dianella at a Chiro appointment, Eftpos time stamped receipt at 10:26am to prove the fact. (written affidavit from Chrio if needed)

What else is needed to appeal? Lady on the phone at the clamping company was rude as hell, wouldnt offer any evidence of my wifes car being there or who i could speak to about it during the week. Asked for managers names/numbers though she would not offer me either.

I had a quick look at the code of practice for wheel clamping in western australia 2007, it states that photos/videos need to be taken before any clamping occurs, these photos were not offered when i requested them.

It seems like the burdon of proof is on the person being clamped?

Passage GT

11-02-2012, 03:33 PM

sounds like she got fucked over dude, i'd be taking it further, especially if the code states they must take pics or video's and wont' supply either.
i have no idea what avenue you'd go through though.

RGVFAST

11-02-2012, 03:36 PM

Its such a waste of time. Unfortunately she decided not to fill up with fuel in Morley, security footage of the car filling up at around 10:30am no where near City west would be pretty hard evidence to dispute.

SircatmaN

11-02-2012, 04:13 PM

Should have just destroyed the clamp and driven off.

Fukushima

11-02-2012, 04:41 PM

Dodgy fucks at city west have done this to mates of mine

RICEY

11-02-2012, 04:48 PM

Wheel clampers are brain dead apes generally, phone probably manned by Shazza busy controlling her 13 kids.

Call City West management and if they are no help Police general enquiries, they should point you in the right direction.

dmwill

11-02-2012, 05:17 PM

When I got clamped, I took a look at that code of practice....(Also contemplated on pulling clamp off as it was pretty loose - would just need to deflate tyre, but had the company name on the car at the time).

If I recall, the owner of the carpark (City West in your case) must make call to the clampers (the clamper's cannot just turn up and clamp a car just because they think they can) So I would be asking the clampers to prove that they got a call from City West and/or seeing if City West made a call. Added to that, the carpark owner must have reasoning for your car to be clamped - ie: they were inconvenienced - customers had trouble getting parking, they lost income etc.

What annoys me is that the uneducated apes sit in their ute across the road from City West. Sitting like vultures waiting for someone to park there and walk on over to Harbour Town, etc.

If you don't have any success, see if you can inconvenience them in other creative ways.

SircatmaN

11-02-2012, 05:39 PM

rathies

11-02-2012, 05:54 PM

I've always wanted to cut one off and charge them $180 to have their wheel clamp back

11-02-2012, 05:58 PM

If you try to pull a clamp off they spout the private property line and you cant touch them

Well you pingpingpingpings, my car is private property too

Bomber

11-02-2012, 06:24 PM

How can they McClamp your wheel when parking is paid for upon exit? What am I missing?

BlueSIV

11-02-2012, 06:50 PM

I think the best thing to do Ross, would be pay the fine. Then scour the quokka and gumtree for free or $50 licensed wrecks. Donate one to their car park whenever you find one for the next year or two.

pgc

11-02-2012, 07:34 PM

How can they McClamp your wheel when parking is paid for upon exit? What am I missing?

City West is free parking.

Lmx

11-02-2012, 07:38 PM

Dim

11-02-2012, 07:46 PM

i looked into this a while ago when i got clamped. Main problem is the code of practice is only a guideline or as it states "Its a voluntary code that represent industry best practice." so they are not obliged and certainly dont follow it. They basically get by because no one challenges it because its cheaper and more convenient just to pay. i think wheel clamping all over the city/northbridge is done by the same company, have a search on here cause there is a old thread about it.

I think getting a lawyer to write a letter would be your best bet and go from there.

adrenalin

11-02-2012, 09:28 PM

Deff take it to a lawyer. Get a letter written from lawyer sent to them taking them to court.

or take it to small claims tribunal

RGVFAST

11-02-2012, 10:03 PM

It's bullshit they can extort money with no proof of an offense. My wife arrive at the car park a full hour after the alleged arrival time.

She paid by credit card on the spot as the wheel clamper guy wouldn't listen to reason or let the car go, would we be able to get the bank to reverse the charges?

* edit *

Called the bank, a charge back is not possible. They suggested that it's a civil matter and to look at other avenues to recoup costs.

MrMayhem

11-02-2012, 10:50 PM

http://ochemonline.files.wordpress.com/2010/03/clamps.jpg?w=300&h=289

V70R

12-02-2012, 11:08 AM

City West is free parking.
was.

What about pulling the wheel off and chucking the spare on.
Go home, cut the clamp off and dump it at the clamp office during the night.

hako

12-02-2012, 11:57 AM

What about pulling the wheel off and chucking the spare on.
Go home, cut the clamp off and dump it at the clamp office during the night.

Pretty sure the design of most wheel clamps prevents this. Company would lose a lot of wheel clamps otherwise.

http://i.telegraph.co.uk/multimedia/archive/01377/wheel_clamp_1377527c.jpg

V70R

12-02-2012, 12:46 PM

ahh yes, you are correct

XF Falcon

12-02-2012, 01:07 PM

Hmmm what would Homer do in this situation...

http://www.youtube.com/watch?v=JvQaFSklu0A

dmwill

12-02-2012, 01:20 PM

Hmmm...Unless they have since changed, they were using these ones when I got clamped,

http://img.tootoo.com/mytootoo/upload/50/505596/product/505596_904b92a5ca913940212f9f02d4fc9b74.jpg

mr m00se

12-02-2012, 02:04 PM

city west is notorious for clamping, have a look on psb, there was a massive thread about 12 months ago (I think) on it.

Fozzy

12-02-2012, 02:10 PM

Buy your own clamp. ~30 bucks + can of expanding foam ~10 bucks

Sneak up behind clamping vehicle. Attach clamp. Spray Expanding foam in and around locking area.

Run.

Sit back and enjoy the fruits of your labour.

Daisy

12-02-2012, 02:53 PM

They take a pic of car as they put clamp on at city west. Ask for a copy.

JBAE

12-02-2012, 07:46 PM

shoot them... then burn stuff

SircatmaN

12-02-2012, 08:06 PM

shoot them... then burn stuff

http://27.media.tumblr.com/tumblr_lys4wzHPt81r4vk76o1_500.jpg

Ryan1080

13-02-2012, 12:30 PM

Now that you've paid, you have not much of a chance of getting your money back, unless you sue them or something.

We got clamped twice (our 'fault' though). Twice we managed to arguil enough for them to drop the 'price' down to 40 bucks. But that took a lot of arguil lol.

If I ever get clamped next time, and if I'm not in a massive rush to get anywhere, I'm definately leaving the car there till late, come back at night with angle grinder, and piss off with it.

They may have your rego, but no ID, and no access to DPI to find out your ID (unless they know a corrupt pingpingpingping at dpi or something)

RGVFAST

13-02-2012, 12:43 PM

Drafted a letter up, im not expecting much from it other than a paper trail should we find a way of pursuing the matter further. Any advice on what to add to it? or take out?

"Western Parking

Cc City West management and tenants and other stakeholders

Dear Sir
You have alleged that the vehicle “skyline” registration XXXX was parked at the City West car park from the arrival time of 10:30am 11 Feb 2012. As a result of this allegation a Western Parking representative attached a wheel clamping devise to the above mentioned vehicle’s front drivers side wheel (as per the Code of Practice for the Wheel Clamping Industry 2007) Tax Invoice number XXXXX.
We dispute this arrival time and formally request to be reimbursed for the incurred cost (which was extorted to get the clamp removed), the total of which is AUD $146.00 within 7 days of this letter.
On Site the Western Parking representative stated he identified the driver of the vehicle on arrive of this car at the City West Carpark as the same person he issued the Tax invoice to. When identification was requested the Western Parking representative wrote “Borris”.
At the time of the alleged arrival at which “Borris” says he identified the driver, my wife Mrs XXXX (the registered owner of the said vehicle) was at the “XXXX XXXX” located at XXX Dianella. A time stamped EFTPOS receipt is enclosed as evidence of the driver being at the above location at 10:26am. “Borris” was clearly mistaken and based his clamping actions on this erroneous information.

My wife requested the Western Parking representative Borris to show any evidence (such as photographs, manifests, time logs) relating to the alleged arrival time. These requests were denied by “Borris”.
We request a refund of the payment. Should a refund not be forthcoming by 20th February 2012, we formally require the following by the same date:
• The Western Parking on site representative “Borris” daily manifest dated 11th February 2012
• Copies of all photography/video taken of the vehicle XXXXX
• A copy of the Western Parking tax invoice issued to the driver of XXXXX
• Latest calibration records for the time keeping instrument used on site by Western Parking.
• Phone recording/records of the call received to Western Parking and the subsequent call made by Western Parking to my phone.
• A copy of the adhesive label that was attached to the vehicle and removed by the Western Parking representative “Borris”.

I understand Western Parking purports to follow the Code of Practice March 2007, Wheel Clamping Industry in Western Australia and therefore the above requests should be gathered with relative ease.
My wife has voiced concerns regarding the overly aggressive approach the Western Contractors representative “Borris” exhibited towards her. As detailed below this aggressive nature seems to be the culture at Western Parking.

At approximately 1:50pm I spoke to the telephonist at Western Parking on the number 1300 659 953. The telephonist was extremely discourteous, advising me that my wife was being untruthful in regard to the alleged arrive time of 10:30am. Furthermore the telephonist would not state her name after being asked multiple times, nor would she transfer the call to a manager. The telephonist did not offer a contact number for a manager for either weekend or weekday correspondence when asked.
At approximately 1.56pm the same telephonist called my mobile phone unsolicited, accusing not only my wife but myself of being untruthful. This is not only unprofessional; it borders on harassment and is not acceptable.
The purpose of this call from the telephonist seemingly was not to resolve the wrongful clamping issue but merely to antagonise us further.
This letter is formal notice to Western Parking not to contact directly by phone or in person either myself or my wife. All correspondence is to be in writing addressed to PO BOX XXX
This letter is being forwarded to City West management (XXXX representative XXXX) to ensure the site management is kept informed of contractor disputes, and other stakeholders.
Yours faithfully "

V70R

13-02-2012, 12:43 PM

(unless they know a corrupt pingpingpingping at dpi or something)
Didn't the DPI hand over confidential information such as this to Wilson Parking last year?
It was on the news a few weeks ago.

-Luke-

13-02-2012, 12:45 PM

Hmmm what would Homer do in this situation...

http://www.youtube.com/watch?v=JvQaFSklu0A

What Would Homer Do....I live my life by this motto.... :D

Ryan1080

13-02-2012, 12:54 PM

Didn't the DPI hand over confidential information such as this to Wilson Parking last year?
It was on the news a few weeks ago.

They did :(

Hoepfully an exception, not a rule.

I realise it's too late for that, but if carnts are too slack to take pics or video, if you destroy the clamp, they have no proof it was you in the first place.

Macca

13-02-2012, 01:07 PM

good letter. Send it

family guy

13-02-2012, 01:12 PM

Battery grinder in the boot of your car for next time.. And a length of chain and padlocks to chain their vehicle up. See how the shoe fits on them.

shifted

13-02-2012, 01:31 PM

City West are notorious for being wankers - mum's car got clamped too unfairly but she just chose to pay it after wasting an hour arguing and them being muppets.

Generally the idiots working at the City West one are a little brain dead too - hope you get reimbursed though, will definitely use your letter as a draft if ever in the same situation! :)

MadDocker

13-02-2012, 01:32 PM

I'm sure you already know it but here:
http://www.pesau.com.au/files/CodeofpracticeMar07version.pdf

Page 11 syas they have 7 days to reply, if you are unhappy, send a copy to the commissioner for fair trading. Might be worth adding that you will be doing so into your email.

http://www.commerce.wa.gov.au/Corporate/About_Us/Feedback_and_complaints.html

Daisy

13-02-2012, 01:39 PM

SircatmaN

13-02-2012, 01:47 PM

http://desmond.imageshack.us/Himg688/scaled.php?server=688&filename=lawyered.jpg&res=medium

Not a bad letter. I agree with MadDocker, also use the correct full name of the acts you are refering to aswell as the sections. The more it sounds liek you know what your talking about the better chance you have of them thinking "Fuck it, its not worth the hassle."

[Jacek]

13-02-2012, 01:56 PM

Fuck it, its not worth the hassle."

They already have his money. It's no hassle to just ignore the letter and keep the money...

SircatmaN

13-02-2012, 01:58 PM

;960516']They already have his money. It's no hassle to just ignore the letter and keep the money...

It is if they think you will goto court and you know what you are talking about, it will cost them much more in legal fees, especially because it already sounds like he has a leg to stand on. Also if they ignore his letter then it puts them in an even worse position.

MadDocker

13-02-2012, 01:59 PM

Probably be a bit of an inconvenience having fair trading giving you a hard time though...

RGVFAST

13-02-2012, 02:30 PM

Thanks for the contact details Daisy, I Graeme washed his hands of the issue stating western parking are contracted directly throughout the property owners. I highly doubt city west owners pay CBRE to manage their property and then go to the effort of contracting parking thugs themselves. Maybe Joe can chime in as property management was your old profession?

Daisy

13-02-2012, 02:39 PM

Whole joint is owned by Harvey Norman. Seriously doubt they have the micromanagement in place to engage carpark management.

-Luke-

14-02-2012, 07:36 AM

http://i723.photobucket.com/albums/ww235/blackburbstayup/e7wgq.jpg

BlueSIV

06-03-2012, 07:42 PM

Anything back from this ross, let us know if something does happen either way. Or if you need to be picked up after leaving them a car ;)

hako

07-03-2012, 08:13 AM

Don't think he got a response from them. Regardless he is currently overseas not giving a fuck.

shifted

07-03-2012, 10:29 AM

Query - wheels over a certain diameter can't be clamped right? Also if they try clamp through the spokes of a wheel if you have Sunnies/Meshies and the like they can't clamp either right?

mc68

07-03-2012, 12:42 PM

I really want cut one up with a petrol 9inch grinder.. Can they accuse you of damage to property if it's really on your property?
(cbf) reading thread to find out

V70R

07-03-2012, 02:08 PM

I really want cut one up with a petrol 9inch grinder.. Can they accuse you of damage to property if it's really on your property?
(cbf) reading thread to find out
The way some magistrates see it then yes. Same as going overboard with self defence on some punk in a home invasion.

ben351

07-03-2012, 02:26 PM

How hard are they to actually get off ??

I currently park illegally in a wheel clamp zone so this is bound to happen sooner rather than later

sethor

07-03-2012, 03:05 PM

Would take about 20 seconds with 4-1/2" cordless grinder with a 1mm cut off wheel.

ben351

07-03-2012, 03:36 PM

Off to bunnings tonight to buy required equipment to leave in my boot

RICEY

07-03-2012, 05:35 PM

lol I really hope you get clamped now and post pics of the murdered clamp.

JBAE

08-03-2012, 10:33 PM

How hard are they to actually get off ??

I currently park illegally in a wheel clamp zone so this is bound to happen sooner rather than later

call me when! it will be fun!

Azrian

08-03-2012, 10:41 PM

Call me too as I am in the same building and can take the pics......... Fuck that I'll call the ranger myself.

RGVFAST

14-03-2012, 05:40 PM

This has not progressed any further, the clamping company are being painfully slow and asking for signed affidavits from witnessness and what not. They still have not provided one shred of evidence that the vehicle was parked at city west for longer than 2 hours ( which will be impossible for them since the car was not parked on site when they alleged it was)

I've been in contact with consumer protection, they have been helpful but in the end they are a toothless tiger and can not enforce anything, if the wheel clamping company continue to refuse a refund, consumer protection can't force them to pay.

A representive from Howard Sattler/ 6pr contacted me this morning to have a chat this afternoon, unfortunately I'm still over seas so couldnt commit to anything this week. Hopefully I'll get on in the next few weeks and get to have a spray at the thieving clampers. It would be nice if a representative from the clamping company says piece on how they operate.