Traffic fine while Wheel Clamped

[riverdusty]

Hi all

I'm going in to contest a fine I received for parking my motorbike at century city.
Century city saw fit to clamp my bike. No wheel clamping signs, bike not obstructing anything. I was arguing with them about the legality of the clamp and they were waiting for their supervisor when a Traffic Officer came along and attached a fine to the wheel clamped bike.
The century city security said, "She should not have done that"... which is my primary argument for the fine.
Later Century City removed the wheel clamp and let me go without making me pay.

So, is it legal for a traffic officer to fine a wheel clamped vehicle?

Also, in my understanding, when a company clamps a vehicle, they seize it, taking possession of it, and therefore taking responsibility for it. If that is the case, the Century City, who had possession of the bike at the time of the fine, are therefore liable for the fine. yes?
Further to that point, had they removed the clamp earlier when I pointed out there was no wheel clamping sign or markings to indicate no parking, I would have left about 2 hours before the traffic officer came along.

Any further advice would be helpful

Many Thanks

 

[Tman*]

I am not sure if a traffic official can clamp a vehicle on private property.

Private property being mall parking lots?

 

[porchrat]

What was the fine for?

Seems very strange if you're on private property like a shopping centre parking lot, that a police officer would fine you for a traffic violation.

 

[riverdusty]

Traffic Officer didn't clamp the vehicle. Century City Security clamped it.
Traffic Officer, I was told, was knowing to be overly strict. Also, arrived hours after the bike was clamped.

 

[riverdusty]

What was the fine for?

Seems very strange if you're on private property like a shopping centre parking lot, that a police officer would fine you for a traffic violation.

"Parked vehicle in such a manner as to encroach on the sidewalk"

I have photos showing that I'm not encroaching on the sidewalk, complete with big red lines showing I'm not.

 

[AchmatK]

Private or public parking spaces are hunting grounds for Cape Town traffic officers. I've seen them regularly walking around cars parked in public and private parking spaces and writing out fines.

Don't know what the fines are for but I'm assuming most are probably for expired licence disks.

 

[WaxLyrical]

Pic of bike.

 

[Nobody Important]

Private or public parking spaces are hunting grounds for Cape Town traffic officers. I've seen them regularly walking around cars parked in public and private parking spaces and writing out fines.

Don't know what the fines are for but I'm assuming most are probably for expired licence disks.

Would get thrown out if challenged and you can prove that you were on private property.

 

[riverdusty]

Pic of bike.

 

[SauRoNZA]

I believe the traffic officers have no jurisdiction on private property such as Century City.

Which is why wheel clamping is a thing in the first place as they take the law into their own hands and even that has questionable legality.

 

[ArtyLoop]

Private or public parking spaces are hunting grounds for Cape Town traffic officers. I've seen them regularly walking around cars parked in public and private parking spaces and writing out fines.

Don't know what the fines are for but I'm assuming most are probably for expired licence disks.

Pioneered in Gauteng... spread rapidly to other provinces over the years too.

 

[Nobody Important]

View attachment 566835

Yeah she shouldn't be issuing tickets for that.

BTW it looks like you were on a driveway, is that not why you were clamped? I often park my bike just to the side of the pavement when the parking is full in front of officers too without issue, just depends if you are blocking flow of traffic and entrances etc. Also depends if the officer is overly strict. Tough I know.

 

[riverdusty]

Yeah she shouldn't be issuing tickets for that.

BTW it looks like you were on a driveway, is that not why you were clamped? I often park my bike just to the side of the pavement when the parking is full in front of officers too without issue, just depends if you are blocking flow of traffic and entrances etc. Also depends if the officer is overly strict. Tough I know.

Its parked where a pedestrian crossing comes to a sidewalk. Its like a little corner piece

 

[Nobody Important]

Its parked where a pedestrian crossing comes to a sidewalk. Its like a little corner piece

Actually now that I think of it, that is part of municipal servitude so not technically private property. Damn!

Let us know how it worked out in the end.

 

[Kosmik]

Its parked where a pedestrian crossing comes to a sidewalk. Its like a little corner piece

Its not a parking spot, hence why you were clamped. But the traffic officer has no jurisdiction on private property to my knowledge.

 

[Kosmik]

Who.dat may be right if its on a servitude, then the clamping was illegal. One or the other.

 

[riverdusty]

Who.dat may be right if its on a servitude, then the clamping was illegal. One or the other.

But if the clamping was illegal and it prevented me from moving the bike and avoiding a fine, we're back to Century City being liable for the fine?

 

[Nobody Important]

But if the clamping was illegal and it prevented me from moving the bike and avoiding a fine, we're back to Century City being liable for the fine?

Nope you parked there first. The traffic dept. won't care that Century City prevented you from avoiding a fine, you still did the "crime" first then came the clamp in their eyes. Sorry.

 

[Nobody Important]

Its not a nice situation, don't get me wrong I'm not saying you deserve it. I would hate to be in your situation. But you are between a rock and a hard place.

 

[riverdusty]

Nope you parked there first. The traffic dept. won't care that Century City prevented you from avoiding a fine, you still did the "crime" first then came the clamp in their eyes. Sorry.

My Primary argument will still be that at the time Century City Security staff said, "She shouldn't have done that"