NSW Car Park - What Rights Does the Security Have?

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15barannsw

Member
2 January 2017
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0
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I like to know if the security have the rights for the following situation:

Just outside of my apartment car park entrance, I parked to the side to get my swipe card and another car opened the of the car park entrance. So, I followed in. The security of the building (not strata manager) followed me to my parking which my family owns.(I live in this building but I sometimes use my family parking when my mum parks).

He walks up to me and says "I have a video recording of you tailgating and I need to see your swipe card. I told him I have forgotten it and he threatened to block my car. (Their method is putting one pole in the front of your car and another in the back and also fine you $300).

I told him this is ridiculous and I am not letting him block my car when I have the right to park in the lot. He requested me to call the owner to give him approval. (Is this legal? Requesting to use my phone and call for approval) So, he got the approval and says he would like to block me if I do it again and take my swipe card away.

Is he allow to issue fines in this situation even if the owner approves and no complaint was filed?

Is he allow to follow me to where I go? (he was stalking me as I met up with my family in the parking and he went up to them and told them I was tailgating). Are the security even allow to block peoples cars (two pole method) and fine them $300?

(He has told me he's happy to wait till whenever because they earn over $30k a year from fining people).

What should I do? I live in an apartment with these security and building manager rules is a pain.
 

Rod

Lawyer
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27 May 2014
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Many people are now realising some of the advantages of having their own house.

I think the security guy is exceeding his authority, though check the Owner's corporation rules to be sure. Blocking of your car when you have a legal right to be on the property doesn't seem to be correct, and fines in this case may not be 'legal'. Not even sure if 'fines' are legal full stop. The Government tends to reserve the ability to fine people for itself and normally frowns on businesses that want to fine citizens for their behaviour.

He can follow you in the property if he thinks you are a security risk. Part of his thankless job.

I don't know how many apartments are in the block but the security company/building management should have a system in place whereby 'pre-authorisation' based on car registration is an acceptable alternative if you do not have a valid swipe card on you.