Illegally parked car on my car spot ?

Discussion in 'Legal Issues' started by AlbertWT, 15th Jun, 2017.

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  1. AlbertWT

    AlbertWT Well-Known Member

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    People,

    I've just moved into my investment property today, and to my surprise, there is one car that is already parking there since a few months ago (according to the building manager).

    The previous tenant who lived there for the past 6 months, does not care since they do not have a car anyway, but then today when I call the below people, none seems to be able to help me:

    RE Agent: Ask me to call tenant
    Tenant: Confirmed they do not have knowledge about that car and don't care about it
    Building Manager: Ask me to call strata manager
    Strata manager: Told me to call Police to tow it straight away at my expense?

    So in my case here, who should be paying for the towing expenses?
    Can I claim and use the car myself or sell it on https://www.carsales.com.au/ website ?
     
  2. 738

    738 Well-Known Member

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    Put a note on car asking them to move it might be a good start.
     
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  3. Xenia

    Xenia Well-Known Member

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    This used to happen a lot in my last office that was attached to a shopping centre. There were 2 hour parking spots in the shopping complex and then reserved parking for business owners. We were paying $10k per year for the luxury of having our own reserved spots.

    When shoppers parked in my parking spot I would double park right behind them so they couldn't get out until they came into my office and found me. - all the business owners did this.
     
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  4. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    In NSW its illegal to "move" a illegally parked car. If you report the issue to the Police guess what they will do ? Issue depends whether car is roadworthy and whether it works. If its a lazy person you may get their attention when you cover it in a tarp and put a note on it asking them to contact you. But if its dumped or abandoned you may not want to announce the issue....Loads of people dump stolen or unreg cars in parking spaces like airports and shopping centres. Even in apt buildings after they leave. Otherwise......

    It can be easier to assist to owner to find their car by having it discretely moved (Google tow truck and have them do it after work while you are there to somewhere the council are responsible. Like the road outside. They have powers to declare it as abandoned waste after the notify a registered owner OR put a sticker on it and waiting the required period.
     
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  5. MTR

    MTR Well-Known Member

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    buzzards... some people are so inconsiderate.. frustrating ... love your idea, I would do the same
     
    Last edited: 15th Jun, 2017
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  6. Ace in the Hole

    Ace in the Hole Well-Known Member

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    Are you feeling fully lucky ?
     
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  7. D.T.

    D.T. Specialist Property Manager Business Member

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    Push it from the car space onto the road and leave it there.

    Council / Police will then care about it. They don't while its in private property. They'll look up the owner using the numbers on it or inpound it or whatever.
     
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  8. Scott No Mates

    Scott No Mates Well-Known Member

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    Put it up with 2 trolleys and push it out of the way into another spot
     
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  9. neK

    neK Well-Known Member

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    Is the car abandoned?
    Is the rego expired?

    If yes to above:
    1. Contact a crap metal / cash for unwanted cars and explain to them the situation - ie there is a car at the back of the block. Its got no keys, so will need to be pushed out.

    Generally they give you cash for the car, but given there is work involved, they might remove it and call it even.

    2. After confirming there is no cost to you, contact the strata manager and have them send a letter to every one that lives in the block advising that the car is abandoned and that it will removed by a particular date. State the the costs of removal will be borne by the owner of the parking spot (which you have already confirmed with the towy that its $0).

    The reason for the "costs of removal borne by owner" is that no one in the strata wants to pay. However if its costing them nothing, then they won't care. Its probably an eyesore for them as well.
     
    Last edited: 15th Jun, 2017
  10. wylie

    wylie Moderator Staff Member

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    I wouldn't want to have to explain to anyone (owner, police, lawyer) why I sold a car I had no ownership of? :eek:
     
  11. neK

    neK Well-Known Member

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    Who said sold? Get the strata manager to organise the removal (after giving out notice). ;)
     
  12. wylie

    wylie Moderator Staff Member

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    Giving away to a scrap or metal dealer would entail paperwork, wouldn't it? I doubt they would simply tow it without authorisation from someone. I would not be arranging that, giving my name or signing anything.

    I like the idea of a notice on the car with a deadline and then push it onto the street where council will act on it.
     
  13. neK

    neK Well-Known Member

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    That is true. It is easier for the council to deal with.
     
  14. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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  15. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    They will only take a wreck if you have rego papers, ID and sign it over (even if unreg !!)
    I did this my daughters car and it was a PITA
     
  16. thesuperman

    thesuperman Well-Known Member

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    If that's the case, why have I seen tow trucks tow away illegally parked cars who have parked in a No Stopping/No Standing/No Parking area. Are they doing this illegally?
     
  17. wylie

    wylie Moderator Staff Member

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    Would that tow be authorised by the council though?
     
  18. DaveM

    DaveM Well-Known Member

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    Because there are provisions under state and local councils legislation/bylaws which allows for this
     
  19. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    And if they park in a driveway to obstruct a driveway the police can enter the vehicle and tow it.
    Some states do still allow tow truck (bandits) to extort money for clamping, towing and storage etc. Clamping and towing is (rightly) illegal in NSW as organised crime (often OMCGs) and extortion isnt a business.
     
  20. EN710

    EN710 Well-Known Member

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    There were a car that park illegally in our building. It start with a paper notification front and behind. The person keep doing it and many residents (many as the car is actually causing hazard within the carpark) start putting their empty drink cans, garbage (i.e. papers, candy wraps) on the car everyday. The car moved within days.
     
    Last edited: 16th Jun, 2017
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