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VIC Parking in Visitors Parking - Illegal Under Property Law?

Discussion in 'Property Law Forum' started by Mary T, 21 November 2015.

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  1. Mary T

    Mary T Member

    21 November 2015
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    I am a tenant and I park in visitors parking area. I have been issued with 2 breaches of duty for nuisance letters. I am being threatened to be taken to VCAT. I have also been told I may be evicted for this breach. I do not have a lease and rent on a monthly basis. I am quiet, don't have pets, pay rent diligently and have never caused any disturbance.

    Is it illegal to park in visitors parking under Property Law? Can I be evicted for doing so? Can I be taken to VCAT? Can I be clamped or towed as I have been told? If taken to VCAT, am I obliged to attend?
  2. Paul Cott

    Paul Cott Well-Known Member

    26 May 2014
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    Mary I would be surprised if you could be taken to VCAT for this or evicted.

    It may depend on what the lease agreement says if any (I note you say there isn't one, maybe there was one previously) and what the breach of duty letters say.

    It does otherwise seem an overreaction to be threatened with eviction and/or have your car clamped or towed.

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