Private Under Ground Car Park Issue

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Reza Fotouhi

Member
10 December 2018
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0
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Hi There,

I have an issue with unauthorized drivers who park time to time in my car park.
The car park is in underground and my Postcode is 4000 and I am the owner.
The issue comes from drivers who work for the service section as the apartment is Hotel Service Apartment.

I am wondering if there is any legal action like fines can proceed for these drivers?
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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As someone whose car park used to be serially abused by third parties, despite signage, I feel your pain.

You cannot issue fines for people parking in your car park, but you can exercise a degree of control - including having vehicles towed. You must have sufficient notice to warn of the consequences. I suggest you read these information releases by the Queensland government:
- https://www.tmr.qld.gov.au/-/media/.../towtruck/0318/Fact-Sheet-Motorists.pdf?la=en
- https://www.tmr.qld.gov.au/-/media/.../towtruck/0318/Fact-Sheet-Occupiers.pdf?la=en
- https://www.tmr.qld.gov.au/-/media/...guidelines-parking-private-property.pdf?la=en

They come from this web page: Parking and towing | Transport and motoring | Queensland Government
 

Rod

Lawyer
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27 May 2014
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Reza Fotouhi

Member
10 December 2018
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As someone whose car park used to be serially abused by third parties, despite signage, I feel your pain.

You cannot issue fines for people parking in your car park, but you can exercise a degree of control - including having vehicles towed. You must have sufficient notice to warn of the consequences. I suggest you read these information releases by the Queensland government:
- https://www.tmr.qld.gov.au/-/media/.../towtruck/0318/Fact-Sheet-Motorists.pdf?la=en
- https://www.tmr.qld.gov.au/-/media/.../towtruck/0318/Fact-Sheet-Occupiers.pdf?la=en
- https://www.tmr.qld.gov.au/-/media/...guidelines-parking-private-property.pdf?la=en

They come from this web page: Parking and towing | Transport and motoring | Queensland Government

Thanks Rob,

All signs are attached. It seems I can follow the towing process.
Just confused about who should pay the tow fee? Me as the carpark owner or the car's owner?
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
2,164
461
2,394
Gold Coast, Queensland
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The common practice is to come to an arrangement with the tow company that the person who owns the car has to pay all fees to collect it.
 

Reza Fotouhi

Member
10 December 2018
3
0
1
You can sue the drivers for trespass but you need a sign first.

Or buy a remote controlled parking barrier for a few hundred dollars. See here for an example: Automatic (Remote Controlled) Parking Lock and Parking Barrier - TMS-APL2


Or sue them and use the proceeds to buy the barrier :)
The common practice is to come to an arrangement with the tow company that the person who owns the car has to pay all fees to collect it.
Appreciated.