Use of Disabled Visitor Carspot - Building Manager Unable to Do Anything about It

Lbanipal753 on 08/03/2018 - 13:54

I live in a 6-level unit complex in Sydney's west.

We have an underground (two level) carpark. Every unit has allocated to it 1, 2 or 3 spots.

There are 2 disabled visitor spots. There are several non-disabled visitor spots.

A ute has been parking in a disabled visitor spot for over a month now. The ute does not have a disabled permit.

I saw a Roadside Assistance vehicle servicing (or doing something else) to the vehicle with the owner there over a month ago. It has not moved since.

I have a disabled aunt who needed the spot when visiting me recently but couldn't take the spot because the ute doesn't ever move (the other spot was occupied but the vehicle had a disabled permit showing).

The owner did not appear to be disabled and his lack of a disabled permit leads me to believe he is illegally parked. Also noting occupiers aren't permitted to use visitor spots.

I'm all out of options with this person. I have:

  1. left messages on his windshield.
  2. reported him to local council.
  3. contacted the building manager/owners corporation. They can't do anything because they don't know which unit he lives in nor do they know how to get into contact with him apart from messages on his windshield.

The resolution i seek is obviously a lawful resolution. (i understand there are unlawful options and i am not interested in those options).

I know you ozbargainers are very helpful and aware and i plead to you to please help me deal with this negligent and vile vile person.

TL;DR

  1. occupier using visitor disabled spot indefinitely (doesn't move the car)
  2. i've tried everything.
  3. what are my options?
Home & Garden

Comments

  • NuclearWessels on 08/03/2018 - 14:02
    +1

    If there is a building manager they should be able to get it towed. As I understand it you will need to deal with a building manager / body corporate as it is on private property. If they are unwilling to enforce the rules there isn't much you can do. If you're renting speak with the owner. If you are the owner, you can raise the issue at the next body corporate meeting and hopefully come to a resolution.

    • cauilfield on 08/03/2018 - 17:59
      -2

      nah mate, only council can tow it if parked on the council land. this is a private land, no one can do a sh8t.

      • garetz on 08/03/2018 - 18:26
        +1

        Not true, strata can have it towed.

      • airzone on 08/03/2018 - 20:42
        +3

        put it on dollies, push it out into the middle of the road, call council.

        • Jalif on 09/03/2018 - 09:14
          +1

          Or put it on dollies and move it to an allocated parking bay.

          Strata will get on that quick.

        • airzone on 09/03/2018 - 12:39

          Especially if it's one of the EC's bays… lol

  • c0balt on 08/03/2018 - 14:03
    +7

    Hound the crap out of your building manager/strata. It's what you (or your landlord) pay them to do. If they can't do their job then I would withhold body corp payments and fill up their inboxes/voice mail constantly until they do their job.

    • [Deactivated] on 08/03/2018 - 14:07
      +3

      This.

      Document your request for the body corp manager to do their job. If they fail to, withhold payment.

      I've done it. The body corp manager threatened to take legal action. I welcomed it but it never arrived and my request to have the painters complete the second half of their job was attended to.

      • banipal753 on 08/03/2018 - 14:15

        I should have mentioned - i'm renting.

        • [Deactivated] on 08/03/2018 - 14:23
          +1

          Nothing you can do.

          Your lease does not specify your use of the carpark. Unfortunately, the rights of an owner is not completely extended to a tenant.

          If the owner is not interested in enforcing the rules implemented, the body corp is not likely to be proactive in representing him/her/them.

        • banipal753 on 08/03/2018 - 14:30

          @tshow: Fair enough if i don't have the same rights as an owner - but forget about my rights or the rights of those who visit me. Shouldn't he incur some sort of penalty??

        • c0balt on 08/03/2018 - 14:52

          @banipal753:

          Who, the landlord? It's really not his problem unless there was a clause in the lease saying specifying you needing access to one of those disabled parking spots. As is, the landlord could be getting the same treatment from the body corp.

          Yeah, he should be forwarding your concerns to the body corporate - but it's not his fight.

        • [Deactivated] on 08/03/2018 - 17:51
          +2

          @banipal753:
          In an ideal world, they should be made to fit the spot, disabled. I say break his legs.

  • dcep on 08/03/2018 - 14:03
    +6

    check if unregistered

    if so, sell it for cash & free tow away.

    • c0balt on 08/03/2018 - 14:05
      +1

      "Yeah I scratched off the VIN by accident when buffing the headers".

  • try2bhelpful on 08/03/2018 - 14:05
    +1

    I think the building management are just hoping you will go away. Just because they don't know who owns the ute doesn't mean they can't leave a message in every letter box saying that the spots are for disabled parking only and if the person who owns the ute doesn't move it with a set time, e.g 2 weeks to a month, then the management will arrange for the ute to be towed and the ute owner will be charged the fee for removal; on the basis it has, obviously, been abandoned due to it being in a visitor car park spot. Management could also facilitate this by putting up a sign saying these are disabled visitor spots only and setting a time limit for parking there. Building management are being lame here.

  • Archi on 08/03/2018 - 14:11

    download the services NSW app.. it will tell you whether the car is registered when you enter the rego plates

    • banipal753 on 08/03/2018 - 14:14

      Have just checked - it is, rego expires on 25 March 2018

      • kingsville on 08/03/2018 - 14:39

        on 25th March you might be able to report it as dumped

        • Randxyz123 on 08/03/2018 - 17:07
          +2

          No you can’t. It’s not illegal to have a unregistered car on private property.
          I doubt you’ll be able to “report” it as abandoned until the 25th of April.

          OP, I’d explain to the building manager that you need the spot for your disabled aunt and would like him/her to take action.

        • [Deactivated] on 04/07/2018 - 22:21

          Sounds like it actually is dumped.

          Unfortunately (in WA at least) this is not a simple problem. You can not just claim an unregistered vehicle and do what you want with it and as it is on private land the council and police wont do anything about it, but they will advise you what you can do about it, so get in touch with them.

  • JIMB0 on 08/03/2018 - 14:15
    +6

    If there are no cameras you can do what you like. Be creative.

  • tsunamisurfer on 08/03/2018 - 14:31
    +1

    Able bodied people who take up disabled parking bays are the scum of the Earth.

    Council Rangers are normally eager to write tickets, won't they come and inspect the breach if you let them in?

    • banipal753 on 08/03/2018 - 14:34
      +1

      It's a private property - they don't have jurisdiction.

  • dasher86 on 08/03/2018 - 15:13

    Does a disable permit apply to a private property?

    • banipal753 on 08/03/2018 - 15:21
      +2

      If not - isn't the blue painted 'disabled' sign redundant? What a waste of paint.

      I'll just double park my hatchback across 2 disabled spots and nothing will happen to me because its a private property?

      • dasher86 on 08/03/2018 - 15:27

        basically.

      • onetwothreefour on 08/03/2018 - 15:31
        +1

        Maybe the spots are there as a courtesy rather than being there for legal reasons. Sucks for disabled visitors though so the driver should move their ute.

        • dasher86 on 08/03/2018 - 15:40

          agree.

        • jjjaar on 08/03/2018 - 21:49

          They're required by the building code for each state depending on how many dwellings within the property, and also the disability discrimination act. However, technically, as it is private land there is no government enforcement that can be done, especially if the building management aren't willing to do anything.

  • chumlee on 08/03/2018 - 15:27
    +2

    Give Tracey Grimshaw a call

    • Baysew on 08/03/2018 - 17:09
      +9

      Do you think it is her ute?

      • chumlee on 08/03/2018 - 18:54
        +1

        Yep. She will do anything for ratings

  • whooah1979 on 08/03/2018 - 15:40

    he is illegally parked

    only if the property is covered by the road rules. is there a gate that all vehicles have to pass before entering the underground parking?

    • banipal753 on 08/03/2018 - 15:54

      Yes - key access only.

      • [Deactivated] on 08/03/2018 - 19:58

        What whooah is saying is that it is private property. Road rules such as disability parkings are not extended and therefore not enforced by your states road authority or in the case of parking bays, the local council.

        You are on private land so all rules, including the disability bay, are privately made and privately enforced. On your property that means you but since this disability bay is shared private property, you enforce those rules through your representative - body corporate manager.

        Since it is private land and those are the private rules, it isn't law because it isn't legislated. Personal property law, however, is still applicable to the Ute.

        Illegal is defined by breaking the law.

  • John Kimble on 08/03/2018 - 15:56

    The forum topic says it all unfortunately.

  • CLoSeR on 08/03/2018 - 16:14

    The owners corporation can get involved if they care, more info here.

    http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owner…

    You should have CCTV which can identify the responsible party, I assume you don't have a caretaker at the building as they would usually be onto something like this. Nobody has the right to park long term in a disabled spot especially if they don't have a permit.

    The owners corp can issue a notice, and apply to the tribunal to have the individual fined.

    You'll need to identify the individual though.

  • Seraphin7 on 08/03/2018 - 16:14

    If the building/strata manager can't do anything about it, you're going to have a tough time from there.

    You could try claiming the vehicle appears to have been dumped on your property and get somewhere with the council, but it's unlikely they'll want to get involved, at least while the vehicle is registered.

  • tryagain on 08/03/2018 - 17:14
    -3

    Don't know what it is about disabled people and their parking spots, once saw them all full and someone who had a permit, had to park with the rest of us. After he parked he then walked a fair way out of the way to check that all the cars had a permit, and here I was thinking that he had a permit as he found walking hard so needed to be close, but not hard enough to go well out of his way to check all of the other cars's apparently.

  • robbyjones on 08/03/2018 - 17:28

    If your aunt doesn't live with you and is just visiting why don't you meet her at the entrance and park her car for her.

  • cauilfield on 08/03/2018 - 17:58

    move on, not much you can do.

  • Ocker on 08/03/2018 - 18:46
    +2

    You could always put a screwdriver through each of the tyre sidewalls as an act of (anonymous) revenge?

    Or jack up the driven wheels onto a trolley jack and roll the thing into the driveway - that will get the management attention.

  • Maverick-au on 08/03/2018 - 18:47
    +1

    Take whatever action you believe is warranted, the person is clearly a POS for parking in a disabled spot and parking in a building they are not entitled to park in. These people rely on everyone not saying anything or taking any action as it's too much work or not their problem. The only way that people like this learn is when they are affected.

  • SPCTRE on 08/03/2018 - 19:45
    +1

    Assuming no cameras, take number plates, push it into the middle of the car park blocking traffic accesss, then wait for someone else to report to strata ;)

    • whooah1979 on 08/03/2018 - 19:46

      And then what? The oc can’t legally move the vehicle.

      • JIMB0 on 08/03/2018 - 20:47

        Who says OP did it? Did anyone see them?

        • whooah1979 on 08/03/2018 - 21:16

          The oc, not op.

  • ozzie freddo on 08/03/2018 - 22:38
    +1

    Have you tried asking the NSW Disability Discrimination Commissioner? or the Disability Council NSW?

    • whooah1979 on 09/03/2018 - 06:10

      what good will that do? the doesn't look like the driver of the vehicle has violated any road rules, nor does the disability council have enforcement powers if the driver did.

  • singlemalt72 on 09/03/2018 - 07:34

    Perhaps the car is, indeed broken down and the owner can't move it.
    Offer to help push it into an alternative bay.

    • singlemalt72 on 09/03/2018 - 07:34

      Alternative: Bikies!

    • pebee47 on 10/03/2018 - 00:26

      When I grew up in NSW there was this mob called NRMA who could arrange for a specially equiped vehicle called a Tow Truck to move vehicles.

  • [Deactivated] on 09/03/2018 - 08:15
    +1

    In Queensland you can serve a Form 1 on the Body Corporate to force them to take action.
    https://publications.qld.gov.au/dataset/body-corporate-by-la…
    There should be something similar in your state.

  • [Deactivated] on 09/03/2018 - 09:21
    +1

    Molotov Cocktail

  • pebee47 on 10/03/2018 - 00:23

    Disable the ute
    Report it as abandoned to the Police
    Sell it to the local hoods
    Place a cut-out lettered note saying you will wreck it if not moved, then start spray painting the windows, one each day it affects you

  • outlander on 04/07/2018 - 18:01

    Legal?…man, you're really tying our hands here.

    You could always write the owner a note: "I will give you $50 if you stop parking here"

  • goegge on 04/07/2018 - 18:16

    This could be a way to get the message across
    https://www.youtube.com/watch?v=_4Uucys-B8o

  • Lennox on 04/07/2018 - 19:36

    Report it to the police. It could be unroadworthy and he cant afford to fix it to move it so thats probably the reason its still there.

    I spose the other thing you can do is get something large like a few packs of timber to block him from backing out and leave a note saying these will move when you do.

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