Unauthorised vehicle in my parking spot

[johncheexyz]

I tried to search around this forum but couldn't find any resolutions yet.
Hope to get some of your wise advice:

I own a 2 bedroom unit with one carspace. Two days ago, I have noticed an unauthorised vehicle had parked in my allocated spot and this is the 2nd time after a few months I spotted the same vehicle. The car looks like a "normal" sedan (NO broken window or messy interior).
So, I wrote and attached a notes on the car's front windscreen (the same I did for the first time and the car was gone the next day). This time around the next morning before I left to work, I saw that someone has responded with inappropriate words S*** (I can't confirm if this is written by the owner of the vehicle or it could be someone else but I felt "threaten").

I've reported this incident to Strata Manager (hasn't responded) and Police (said wanna come to the property and take down some details so that they can locate the owner but hasn't come yet).

Meanwhile, I'm thinking about these actions as the last resort:
1. Buy wheel clamps to lock down the wheel so he/she should have to contact me to unlock. At least, I know who's the owner.
2. Tow away the vehicle. I don't mind paying towing fee or the car's owner can pay upon pick-up.

BUT with all the actions above, I'm afraid that they may come back one day and damage my car as I will stay in the property for unforeseen future. I'm trying to get to a win-win or more civilised resolution if you know what I mean.
Could anyone share me some ideas ?

Lots of thanks in advance.

 

[HotRod]

Sounds like you've done the right things.

Maybe go to a lawyer, check what you can or can't legally do, get the lawyer to put a letter on the window advising of all the consequences of the car remaining.

I would imagine that if it is on your property (is it just an allocated space or actually a space linked to your title??), the car is trespassing and it could be dumped so you can call a tow truck company and have it removed to the street and clamped.

 

[GreenMedallion]

If you don't mind paying for the tow, just get it towed.

 

[Raddles]

My daughter had similar issues where she is with cars parking in the wrong spot

The body corporate manager gave her some warning notices to put on the offending car noting that the vehicle would be towed (but said to her at the time was difficult to enforce).

The offending vehicle did move given the threat of towing.

 

[The Fence]

Install spikes into floor and activate when your car is not there...?

 

[johncheexyz]

is it just an allocated space or actually a space linked to your title??

Hmm... the car space is an allocated space in the Strata Plan/Title or common property which controlled by Body Corp. Should this be not the same as most unit apartments out there ?

Install spikes into floor and activate when your car is not there...?

Best idea so far I may propose this in the next meeting.
Meanwhile, do you know how/where to get this installed ?

 

[johncheexyz]

I may have just found the answer to my own question.

What if someone parks in my private carspace?
A by-law is not required to allow you to tow an illegal parked vehicle in your private lot because
the illegal parked vehicle is a trespass on your property.
Source: TEYS Lawyers

And i think HotRod had this spot on.

 

[Ausprop]

when someone cuts you off in the carpark a multiple trye deflation is always a good passive aggressive course of action. could work here... except the car may get left there??

 

[johncheexyz]

Hi Ausprop,
My answer is to tow away the unauthorised car.

But for future prevention, the one suggested by The Fence is probably one of the most harmless/creative way (just replace the spikes with something more human friendly like an iron road pole).
Since it's a prevention, it won't even let the car into the spot in first place.

 

[Nemo30]

Get a professional sign made that says the carpark is reserved and that unauthorised parking will result in the car being towed with details of where they can retrieve their car + costs payable.

I suspect you would only have to tow once.

 

[The Fence]

Hi Ausprop,
My answer is to tow away the unauthorised car.

But for future prevention, the one suggested by The Fence is probably one of the most harmless/creative way (just replace the spikes with something more human friendly like an iron road pole).
Since it's a prevention, it won't even let the car into the spot in first place.

Ha haa, and I thought I was just being silly.

I really do like the pole idea with a padlock and a small sign stating the obvious. Easy enought to do, core drill a hole into concrete floor insert pole socket with ring to clip padlock to. Insert pole and clip padlock.

Id say you may have to run this past the body corp though?

Often see the whole car space fenced in with roller doors in my travels.

 

[chilliblue]

Google removeable bollards. There are two standard types. One that you can move the entire system or one that can be closed to lie flat on the ground when when not in use (my preference)

You should be able to pick one up for under $300 which would make it more cost effective than towing cars away.

Just remember before purchasing give the specifications to the strata agent and get their approval for installation.

 

[GreenMedallion]

You could always get a few strong blokes to help move/push the car out of the carpark and onto councils land, then let council know there is a car parked there and it is up to them what they do...

 

[wylie]

You state you are fearful already about the situation escalating. Why escalate it by towing the car. I would do the sign, and if that doesn't work I'd do the bollard. If you do something to inflame the situation, what is to stop this getting out of hand - someone could get hurt.

 

[The Fence]

What wylie said above..++++

 

[Bhp19]

Why not approach them and politely ask them not to park in your space?

 

[johncheexyz]

Why not approach them and politely ask them not to park in your space?[\quote]

I would do the sign, and if that doesn't work I'd do the bollard. If you do something to inflame the situation, what is to stop this getting out of hand - someone could get hurt. [\quote]

I mentioned in my initial post that I've attached a note on the front windscreen and in fact, if I've known the culprit, I will bring a box of fresh durian fruit and knock on the door.
@Wylie, they all looked like a logical point of escalation. What is the timeframe you would want to wait before boiling point ? 1 day, 1 week, 1 month, or 1 year without escalation. Oh btw, I live around CBD area so not sure if clover moore would borrow me a free parking space and a bike.

In a more serious note, the guy has actually moved his car. I roam around the entire parking spaces in our building and found out the car is now moved to the lower level (not sure if the spot is authorised or belong to someone else). So thank you all for the moral support

After learning the whole process, this is what I would do in the future:
1. Put a notes on the unauthorised car with friendly messages like "WARNING! You're NOT authorised to park in this spot. Registration no XYZ has been recorded. Please move the car immediately or it will be towed away at your own expenses"
2. Take as many photos with date & time. Report to Strata Manager with all the supporting images. Request them to contact the car owner to move the vehicle otherwise it will be towed away.
3. Report to Police. Request them to contact the car owner to move the vehicle otherwise it will be towed away.

After all the 3 above, I will wait for 24 hours before calling towing company.
Hope it helps others.

 

[china]

I fear this situation a lot. Whatever you do against the unauthorised car (even very politely asking them to move in a very quiet voice whilst avoiding eye contact), you need to worry that they take retributory action against you and your car, even though you are in the right.

That is why I have gone from living in unit to my own house. Sharing anything with other humans is fraught with danger and conflict.

 

[joanmc]

^^^ Sheldon, is that you????

 

[The Y-man]

Hmm... the car space is an allocated space in the Strata Plan/Title or common property which controlled by Body Corp. Should this be not the same as most unit apartments out there ?

In Victoria, a car park on title (an accessory unit) means the spot is your property *you can do what you want with it subject to BC rules). A common property allocated by BC would mean that you don't have any direct control over it, other than thru the BC.

The Y-man