VIC Parking problem

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Nick P

Active Member
24 September 2020
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Hi. I live in a unit, no3 of 5 with off street parking, in form of a carport. Neighbours partner is repeatdly parking in my car port. Am I legally allowed to move the car, ie break window, lift handbrake, and push car out of my carport. If not, am I allowed to get it clamped by a private clamping company, if not, what avenue do I have to take to resolve this.
Yours faithfully, Nick.
 

Rob Legat - SBPL

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16 February 2017
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Are you allowed to commit property damage to rectify the situation? No.
Are you allowed to wheel clamp? No.

What can you do? First I suggest talking to the person in a calm manner, explaining along the lines of, "It it is my allocated car park and I would like to have it available for my use whenever I want" (notice I'm not using any 'you' language because that will likely inflame the situation - keeping it about what you want and what you're entitled to doesn't give them that opportunity). If that doesn't work, make a complaint to the body corporate/owners corporation. In extreme cases, the matter can be taken to VCAT for repeated breach and they can apparently issue a fine.
 

Nick P

Active Member
24 September 2020
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Ok, thankyou.
This does take a fair period of time to get results.
If I notify the police, will they deal with situation.
Also, another option, Can I contact a legal clamper or towing company, for more immediate and permanent resolution?
 

Rob Legat - SBPL

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16 February 2017
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The police won't do anything about it unless there's actually being a crime committed, or if there is an urgent matter of public safety etc. This situation doesn't qualify.

You won't get a towing company to do it as it is illegal to do so unless you are either a police officer, a sheriff executing a warrant, have the authorisation of the owner/driver of the vehicle, or are specifically authorised under the Road Safety Act. Breach of the requirements makes whoever did it liable to a fine of up to $3,300. It makes no difference whether or not there's a sign up stating it will happen.

The Act even goes so far as to abolish the common law remedy of 'distress damage feasant' with respect to motor vehicle trespass - which is an old self-help remedy whereby you could detain anything wrongfully on your land in order to claim compensation (one of the original uses was for when the neighbour's cow broke into your yard and ate your prize radishes...).
 

Tim W

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28 April 2014
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Hi. I live in a unit, no3 of 5 with off street parking, in form of a carport. Neighbours partner is repeatdly parking in my car port. Am I legally allowed to move the car, ie break window, lift handbrake, and push car out of my carport. If not, am I allowed to get it clamped by a private clamping company, if not, what avenue do I have to take to resolve this.
Yours faithfully, Nick.
The answer to your question(s) is still "no".
Just as it was "no" when I answered your earlier posting of this same question.
 

Atticus

Well-Known Member
6 February 2019
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Neighbours partner is repeatdly parking in my car port...... what avenue do I have to take to resolve this.
Have a security bollard installed. One that bolts to the ground that you can unpadlock to fold down allowing access when YOU want ... Alternatively, find the need to store a couple of sealed containers of a dozen or so bricks in your carport.
 
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Rob Legat - SBPL

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16 February 2017
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Gold Coast, Queensland
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Have a security bollard installed. One that bolts to the ground that you can unpadlock to fold down allowing access when YOU want ... Alternatively, find the need to store a couple of sealed containers of a dozen or so bricks in your carport.

...while being aware that either of those things is just as likely to be a breach of the by-laws, particularly if the car parking space is exclusive use and not on title.