Neighbour Hitting My Car out of Spite!

Luxe on 16/01/2017 - 18:51
Last edited 16/01/2017 - 20:07 by 1 other user

Hello Ozbargainers,

I always see these sorts of issues posted here and I didn't think I would be having one of my own but here we are!

I live in a small court in the Melbourne where parking is scarce but the majority of the courts residents just park where they can fit and not block anyone else's driveways or cars. However there is one neighbour directly next door to me that makes life very difficult and has been doing so for many years and believes she owns a particular angled parking in front of her home. She will knock on our door and demand our guests move their cars as they are on her property, and my mother who I live with doesn't want to cause a fuss will ask for our guests to move their cars which I have not agreed with but it's her home so I don't complain.

Up until late last year it was only one car (my mothers) that we owned and was parked in the drive way which has room for one car only, however I am approaching 18 and have purchased my own car. I now park in whatever spot is available and is closest to my home and this is often this neighbours "private property". In spite she now parks extremely close to my car, when I say close I mean I cannot fit a 30CM ruler between our doors and I had noticed a couple of marks on my door but I believed I did not have enough proof but as time as gone on my car is now covered in white marks from her car which she does not care about as I have seen her throw her door open onto my car and is covered in paint from other victims of her arrogance. The latest incident involves me getting to my car to see my rear bumper bar on the side near where she parks completely scratched and cracked. It is also worth noting that I am on my L plates and hardly drive and have driven approx 250 km in the last 2 months so the car doesn't move very often and if it does it is moved locally and as a learner I often park in less busy areas.

I am now unsure if I should attempt to approach her myself or write a letter as she isn't very friendly and won't respond very well she's threatened to call the police for our guests parking there. My other option is to involve my insurance company which I do have comprehensive insurance however as a L plater my excess is extremely high so paying that isn't going to impress me when I know where the damage is from.

If anyone has any ideas about how to go about getting my car repaired because it's a relatively late model and didn't have paint damage before. Or even any ideas about getting enough evidence to completely prove it was her.

Thanks!

Automotive

Comments

  • Grande Kintama on 16/01/2017 - 19:01
    +5

    Get a dash cam that detects movement

    • altomic on 16/01/2017 - 19:16
      +17

      get a recording of her hitting your car.

      when you have footage of her hitting your car then politely talk to her and say you think she hit your car and did damage. she'll deny it. say you have footage, ask her again if she hit your car. if she denies it again then go to the police.

      sounds like she is bullying everyone.

      screw politeness. you have been kowtowing to her demands long enough. screw her and her ranting and tantrums.

      • [Deactivated] on 17/01/2017 - 09:18
        -2

        The police cannot do anything-it is a private car park.

        • djkelly69 on 17/01/2017 - 13:14
          +1

          So all laws don't apply in this wild west private car park? I think you are thinking of traffic laws.

        • [Deactivated] on 18/01/2017 - 08:50

          @djkelly69: Which law were you thinking of?

        • djkelly69 on 18/01/2017 - 10:19

          @Ninjastud: All of them except whatever traffic laws don't apply on private property? In this instance, trespass to property or destroying or damaging property?

        • [Deactivated] on 19/01/2017 - 09:16

          @djkelly69: It's not trespass because she has legal access. It's not damaging property unless it can be proved that it is deliberate. Therefore the police have no powers.

        • djkelly69 on 19/01/2017 - 09:39

          @Ninjastud: OP has stated they believe the neighbour has damaged their car deliberately, which I am taking as true. Yes, the police would likely require some proof of this, hence why OP is being advised to film it.

          Not quite sure how proof being required means the police have "no powers". If police believe a crime has been committed they can collect evidence to prove what has happened.

          I am also not sure this is a private car-park anyway - it sounds like this is just on-street parking where the OP lives.

        • [Deactivated] on 20/01/2017 - 10:00

          @djkelly69: 'Police powers' derive from criminal legislation. Simple trespass for example is written in civil law and therefore the police do not generally have the power to take action for trespass. Someone bumping the car next to them because they were not paying due care and attention to their driving is covered by road traffic law, so the police only have power on public roads and roads to which the public have free and regular access, such as public car parks. To prove criminal damage to property you have to prove both that the person caused the damage and that it was their intention to cause that damage, ie a deliberate act. Even filming it will not necessarily prove criminal damage as you have to prove beyond reasonable doubt that it was done intentionally.

  • [Deactivated] on 16/01/2017 - 19:02
    +7

    Bikies

  • [Deactivated] on 16/01/2017 - 19:03
    +1

    Is the property actually hers? Or is she just claiming it for herself?

    • Luxe on 16/01/2017 - 19:11
      +2

      Nope it's council owned!

      • holdenmg on 16/01/2017 - 19:24
        +3

        Contact the Council ranger and ask them to arbitrate.

      • [Deactivated] on 16/01/2017 - 20:02
        +2

        So tell her to shove it.
        Park your car really close to hers so she can't open the driver door?

        Screw it, let her taste her own medicine

      • Nousernamehere on 19/01/2017 - 02:54

        Is it on the road, or the verge?

        I know in WA you can't park on someone's verge (even though it's council land) without the adjacent landowner's permission. Parking on the road outside their property is no issue, as long as there isn't signs to restrict it.

        I'm not sure if it's the same laws over in Victoria.

  • [Deactivated] on 16/01/2017 - 19:10
    +5

    Sounds like she doesn't want you to park there.

  • Axelstrife on 16/01/2017 - 19:12
    +1

    definitely setup some sort of camera.
    you say it's directly next door would a camera have a direct view of your car from your house

  • chumlee on 16/01/2017 - 19:22
    +1

    Just put the of god in her

    • Euphemistic on 16/01/2017 - 19:37
      +1

      Love of God?

      • holdenmg on 16/01/2017 - 19:42
        +2

        either works, some days you just gotta rotate and mix things up a bit.
        Just like good cop, bad cop.
        (Bad cop, Bad cop works too). :+)

    • EightImmortals on 17/01/2017 - 09:41
      +1

      Angry fist of God?

    • [Deactivated] on 17/01/2017 - 22:20

      One of these? >> http://imgur.com/a/5ngRk

      • chumlee on 17/01/2017 - 22:23

        lol. Could be any of those but I meant to say the fear of god.

  • chinezejew on 16/01/2017 - 19:22

    Land.gov.vic.au

    Interactive maps

    Do a search of your address.

    Should show you land boundaries.

    Or maybe notify your insurance? Will give her a headache. (U prob need some evidence for this… dates/ time/ photo records.
    Try to get dated photos)

  • oscargamer on 16/01/2017 - 19:31

    you will need evidence that the damage is of her doing……….

  • Tech5 on 16/01/2017 - 20:12
    +5

    This kind of behaviour actually calls for extreme action on your part. I would sit there for the entire day, watching your car with a video camera.

  • resubaehtgnolhcs on 16/01/2017 - 20:38

    failing all the above good advice … go for an 'eye-for-an-eye' and slash all her tyres! ; )

  • DarkOz on 16/01/2017 - 21:06

    Whatever you do video some evidence first! Then you are in total control. Otherwise you won't win over a bully unless you become a bigger bully.

  • try2bhelpful on 16/01/2017 - 21:23
    +8

    The parking in the street does not belong to anyone, so don't let her intimidate you. In fact I would explain to her that someone has been damaging cars in the streets and that you are setting up a camera that looks out at the public parking areas in the street so you can notify the cops when you figure out who is doing this. Tell her you can keep an eye on her car as well as a neighbourly thing to do.

    • crentist on 16/01/2017 - 23:13
      +2

      but only tell her this after filming her doing it. then after a week of her being on good behaviour call the cops/insurance and show them. just to get in her head a bit

  • Banana on 16/01/2017 - 22:14

    As a L-platter, don't you just pay your supervisor's excess?

    • Luxe on 16/01/2017 - 22:18

      The car belongs to me so no I pay my own excess.

      • crentist on 16/01/2017 - 23:23

        You shouldn't pay any excess if it's someone else's fault. If you can film it or something and prove it was her then you shouldn't have to pay a cent, and it will be up to her insurance to decide to pay for it, and make her pay whatever her own excess is. Or she'll have to pay out of pocket, and your insurance will chase her for money while you cruise around in a freshly painted car
        You only pay the excess if you caused damage, or you can't find the person who did.

        Get some evidence and then talk to your insurance. They should be happy to let you know your options without making you do anything. Worst case is you decline an out of pocket repair and they note some pre-existing damage

  • KaTst3R on 16/01/2017 - 23:25

    30cm is not close enough. I once had a neighbour who also "claim" the parking spot in front of his house is his. And if I park there, he will park his car behind mine, leaving only a 3 to 5 cm gap on purpose to get the message through. Some people are just nuts.

    • Findo on 25/01/2017 - 01:53

      That's like parking around UNSW. I have to get my car into spaces with less than 5cm front and back.

      • FutureTech on 25/01/2017 - 10:50

        That is technically illegal because the road rules specify that you must leave at least 1m of space to the car behind you and the car in front of you.

        • Findo on 25/01/2017 - 14:21

          lol if you parked like that your car would get keyed

  • crentist on 16/01/2017 - 23:30
    +3

    You don't pay anything for someone else's damage. Comprehensive protects you from the world, the excess only kicks in if you do something wrong, or if you can't find the person who caused damage. Get evidence and make a claim, it will cost her money and anguish.

  • ChrisLevo on 17/01/2017 - 08:14

    Don't ask us (thoroughly clever lot that we are!), but go to the Police station and ask them.

    At least it's official, that way.

  • Gronk on 17/01/2017 - 08:23

    Assert dominance by setting fire to her car, preferably when it's not parked next to yours.

    But seriously, try and get some video footage of her damaging your car, once you've got that you simply tell her that if you even hear so much as a peep out of her you'll share the footage with the police, whilst you're making a criminal damage complaint.

  • furys12 on 17/01/2017 - 09:00

    since you've got comprehensive insurance ring them and ask what they can do to help, might be nothing might be something

  • [Deactivated] on 17/01/2017 - 09:04
    +1

    Get a cheap car and park it permanently in her spot for at least 3 months. After the game donate the car to the SES, Fire Rescue or a Metal trader. A similar result can be achieved with an even cheaper trailer - with a wheel clamp.

  • magic8ballgag on 17/01/2017 - 10:50

    I don't understand the point of these threads, the solution is quite obvious.

    • [Deactivated] on 17/01/2017 - 22:02

      Ninjas?

      • [Deactivated] on 18/01/2017 - 05:42

        No, bikies…. that need to pee.

  • [Deactivated] on 17/01/2017 - 12:39
    +2

    burn her house down then she won't need to park there anymore

  • [Deactivated] on 17/01/2017 - 18:45

    Firstly you want to advertise her car on Gumtree, say it's not going, come and get it , lost keys, free to good home
    If that doesn't work call a scrap merchant, and say the engine's had it, tow away
    If that doesn't work, you could try vandalism, theft or arson
    I prefer subtle, so prawn heads in vent intake and a banana up the tailpipe combined with removing windscreen wipers and all the valves from her tyres
    Creative Karma

  • HeWhoKnows on 17/01/2017 - 20:40

    What she does is harassment. This is illegal. Keep a diary, take photos and report all such matters to the police.

  • [Deactivated] on 18/01/2017 - 05:43

    Start pissing on her car.

    Shell maybe get the idea.

  • sd4f on 20/01/2017 - 10:53

    Buy a trolley jack (or two). Don't like the way she parked, move her car!

  • Alpacino299 on 22/01/2017 - 16:26

    People like this are the bane of my existence. She doesn't own the property the council does, she can't enforce shit. Record what she does and hand it over to police as intentional abuse/damage to property. People like this shouldn't be accommodated to and should be stopped then and there.

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