A council-contracted tow truck photographed parked in a disabled car park in central Hamilton has avoided a fine.
By Jordan Smith of Local Democracy Reporting
A local business owner recently spied the Hamilton Parking Services truck on Barton St at 4pm one day, and took a photo. They claimed the driver was waiting to tow cars on nearby Bryce St at 4.30pm once the street became a clearway.
The business owner, who did not want to be named, said it was the second time they had seen the tow truck in the spot. Both times there were plenty of other parks where the truck could have pulled up, they added.
"I think he's taking the piss... it's really unfair," the owner said.
"[It's] rude to tow cars when you're parked illegally. [The] whole irony is he's doing that and someone forgets to put their number in a machine and gets a fine."
Hamilton Parking Services, which owns the truck and contracts to council, said the tow truck driver had a permit to use the spot, though shouldn't have been there regardless.
The typical fine for parking illegally in a disabled car park is $750. However, wardens have to see the incident themselves - not just in a photo, the council says.
The business owner who took the photo said they had mentioned the brazen parking to a Hamilton City Council parking warden but was just told to "talk to council".
"Just bloody cheeky... I've seen people get fines for less than that," they added.
Hamilton Parking Services owner Luke Hollings said the driver in question holds a valid disability parking permit following a leg injury "around a year ago" and has been back at work for "about three months". He could not confirm whether the permit was displayed.
He added that the driver should not have been using the spot regardless and told all his drivers to be cautious where they park as they operate "in the public eye".
When asked if there had been any consequences from the council, Hollings said there was no fine for the specific incident as "they have to go there and see the vehicle physically".
"If a warden had walked past the scene he would have been told to move or given a ticket... they have to physically touch the vehicle."
He added the service has received a ticket in the past, referring to an incident where a truck was parked in a loading zone, resulting in a $150 fine.
"We definitely don't get special treatment that's for sure, it's the opposite."
The Waikato Times asked the council if any enforcement would be applied and head of transport Gordon Naidoo said "we will not be taking formal enforcement action such as issuing an infringement", as the incident was not observed by a parking warden.
He added the stance was driven by key concerns around relying on third-party images, including the possibility the photographer may need to appear as a witness in a future court hearing, and the risk evidence could be altered or presented in a partial or misleading way.
"If members of the public see a parking offence, we encourage them to report it to council at the time so we can send an officer to the location.
"This incident has been recorded against their [Hamilton Parking Services] performance. They have been reminded that they must comply with all relevant New Zealand legislation, regulations, rules, and bylaws... which includes parking in a compliant manner, as all Hamilton City Council contractors are expected to."
Local Democracy Reporting is local-body journalism co-funded by RNZ and NZ On Air.
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