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NSW Unknown Car Using my Carport Space

Discussion in 'Property Law Forum' started by Andrew STONE, 11 May 2015.

  1. Andrew STONE

    Andrew STONE Member

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    I have had a car parked in my carport for 2 days. Have tried to find owner. Have contacted police and real estate agents about this car. Currently it is unregistered, but has an unregistered vehicle permit in windscreen. This car is preventing access for me to park and as a result, I have to park away from my unit and unable to park in my undercover car park.

    My question is: what can i do to regain use of my property (the car space)?
     
  2. John R

    John R Well-Known Member

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    Hi Andrew,
    1. I assume that you rent the carport?
    2. Have you taken any steps to identify the owner in your apartment block/building/area?
    3. Have you considered/asked for the car to be towed?
     
  3. Andrew STONE

    Andrew STONE Member

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    1. the car space is a part of the flat that i rent, its is included in lease.
    2. have asked a number of people and knocked on doors unable to contact or find owner.
    3. police have been contacted 3 times, have never seen them attend have recieved answer back about first reporting, i had to call them to get that report
    real estate agent has been contacted,
    police and real estate have both said there is nothing they can do. car has been there 48 hrs now
     
  4. Ponala

    Ponala Well-Known Member

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    It's on private property, basically if you want it gone, you have to pay to get it gone.

    Police and council will not tow it for you.
     
  5. Rod

    Rod Well-Known Member

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    Take photos and write to the agents/owner in the first instance so there is a record of this. Complain that the owner is not abiding by the terms of the lease in providing you with an unoccupied car space. Make it the owner's problem, the car space is his property. If this doesn't work you can try VCAT/NSW equivalent.

    Do not withhold rent.

    It appears owners have little rights themselves (ie no self helping) when trying to deal with cars parked on their land. My feeling is the law needs changing to give owners clear towing rights when vehicles trespass. Maybe new law can say a council inspection is needed as proof of illegal parking, but once established the vehicle is illegally on someone's property, then the council arranges towing and can enforce reasonable towing/storage fees.

    Good luck.
     
    John R likes this.

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