Headlines in today’s paper Shoppers’ fury at private parking warden’s aggressive clamping in West Auckland

The company involved ELITE PARKING SERVICES LIMITED is part owned by the bankrupt Gordon Harold WARD see details below

it appears that he has  a long history of being involved in  parking   see Wheel clamping company issues penalty of $450

South Auckland wheel clamping called ‘threatening’ and ‘over the top’

West Aucklanders clamped while using car park ‘legitimately’

Wheel clamp ‘bullies’ in liquidation – NZ Herald

Clamped and fined $200 after parking two minutes

Shoppers warned to beware of fine print after clamping complaints 

 

there is  a very easy solution  .  Unless the owners of the property have given consent for their car park to be patrolled and monitored   then there is no delegated authority and no one can make a demand of you

The parking company representative has to show   delegated authority from a real  or legal person  who owns the land  and unless he does so  he cannot  enforce any ” contract “for  land which is not his .

Also no sign is valid  as  contracting  has to follow the constitution of the company and so often as is the case above  there is no identifiable person who is claiming  that a contract exists .  the fact that these companies use the car park means that it has been made open to the public .

How many times have you gone to a shop  and found they don’t have what you want , well  if that happens you won’t have a  receipt .

We then come to the trespass act   and it is our opinion that at best you can be warned for trespass   that in itself will stop you from ever shopping there again .

The simplest action is for  a boycott of the shops who  support this type of enforcement .

There is no obligation on you to prove anything to any one who has no  proof of his/her  right to make demands of you. it has nothing to do with uniforms,  it has everything to do with delegated authority.

If you are shown delegated authority  get your phone out take a photo of it and of the person presenting it  .

you can then dispute the  matter in the disputes tribunal and or lay a complaint with the police for extortion standover tactics ( but they probably wont take the complaint despite the fact that is really is extortion  )  .

Remember  there is no obligation  for any one to say who the driver is   the law only provides for this information to be passed by the owner to the police of council  enforcement  , not private  companies who are  enforcing a civil contract.

As it stands now  all you need is a sign  , an outfit that looks like a uniform , a note pad and a wheel clamp any you are in business  supported with nothing but BS

 

Bankruptcy details WARD, Gordon Harold Leslie

Estate Details
Insolvency Type		Adjudicated bankrupt on debtor’s application under S.47
Estate Number		874234
Name		WARD, Gordon Harold Leslie
Month & Year of Birth		April 1963
Supplied Address		13 Church Road, Mangere Bridge, Auckland, New Zealand
Insolvency Status		Current Bankrupt
Adjudication Date/Time		15-Jul-2015 12:18
Court		Auckland High Court
Occupation at Adjudication		Client Service Representative
Multiple Insolvencies		No
Petition Type		Debtor Petition
Office for Enquiries		Auckland
Case Officer		Please contact Insolvency Office
Email Officer