VIC Threat of Wheel Clamping in Allocated Parking Space

[Tim W]

I have a question from the opposite point of view i.e. the private property owner. I have a commercial premise and rent out a car parking space. If somebody else parks in that parking space and I can't clamp wheels or levy a fine, what rights do I have to protect my own private property against people parking without my permission? Thanks in advance.

We discussed this a while back, at least so far as NSW is concerned.
In short, the onus is on you (as landlord) to prevent unauthorised parking on your land.
NSW - Parking On Private Property - Have the Car Towed? | LawAnswers.com.au Legal Aid Forums
and
Parking on private / business property | LawAnswers.com.au Legal Aid Forums

 

[Sarah J]

Hi PatrickB,

Call the police. They can come and place a wheel clamp on the car. You could place something behind the car to prevent them from removing their car before the police comes. You may also have an action in trespass (civil claim) against them if you have suffered any actual loss as a result.

If the rogue parker is not a stranger but someone you have a contractual relationship with (e.g. owner of a residence in strata scheme who parks illegally) and they have entered into a contract that allows you to clamp or tow the car away if they park illegally no the premises, then you are able to do this because you have the car owner's permission. Similarly, if there is a clear sign outside the car park entrance that warns drivers if they do not have a permit to park, they consent to their cars being clamped or towed, and the sign is enforceable as a "contract" then they will have effectively given you their consent.

 

[Nick P]

Hi.
I have a problem over parking, in that I have an allocated carport for my property, but neighbours partner repeatdly parks in it. I dont have a car at moment, my point is if I have visitors, they will have to park out on the street, and not in my carport.
Am I allowed to contact a clamping on towing company to remove it from my property, thus them getting the bill the retrieve it.
Yours faithfully, Nick.

 

[Tim W]

No

 

[Rod]

If you are the owner or leasee of that parking spot why not charge for use of that spot?

Otherwise towing is limited to moving the vehicle to the street and you'd have to pay the towing company, and be liable for any damages to the vehicle.

Alternatively contact the police for trespass, or the council for nuisance. You have the option of taking them to court for trespass if you have sole possession of that land. Having a license to use the land is not enough.

 

[Nick P]

I own the property outright. I would happily rent out the space, but pretty certain they wouldn't want to pay anything. Tbh, I wouldn't have minded so much, certainly during covid19, but they havn't asked once, plus with restrictions likely to be easesd, chance I might get visitors. I just really dont want to, or cant afford to fall fowl of the law.
Thankyou for your advice.

 

[Rob Legat - SBPL]

I know I covered it earlier on, but I haven't seen any comment that it has actually been done: Have you spoken to the offending party to discuss the matter? Is it a possibility that they're not aware? Perhaps they simply think, 'no one is ever parked there so what's the harm?' (I'm not saying that's a valid perspective, but simply an unfortunately common one).

 

[Nick P]

It clearly has my door number on the carport. Think I mentioned earlier, I dont own a car at moment. When these Covid restrictions end, my daughter can visit my 4 year old grandaughter, and 10 month old grandson. My parking spit is right outside my front door, where she can park, as oppossed to out on the street, where she will have to get the kids out the car.
The people using it have not asked once to use it.
If I tell them to move, and they refuse, I want to know what I'm allowed to do, without breaking the law.

 

[Atticus]

I own the property outright ........ If I tell them to move, and they refuse, I want to know what I'm allowed to do, without breaking the law.

I think your complicating the issue more than necessary..... As you own the place outright, you can place a bollard on your property.

 

[Nick P]

Thanks for your reply. Just thinking what could happen, and how I stand legally. They could move the bollard, and then I'm still in bit of a quandry about what I can do legally. But thankyou again.