Unauthorised Parking in Private Property with Warning Signs - Is Towing A Legal Option?

THL on 03/12/2019 - 00:26
Last edited 03/12/2019 - 09:33

Hi all,

I live in an apartment building (VIC) which has secured gates. I always get random people parking in my spot which I assume they just tailgate other cars to come in and find a random spot to park it without thinking. The issue has been going on for years and Body Corporate has tried to resolve this issue by installing a swipe near the exit gate which requires residents swipe. Well, people just wait at the exit and tailgate others out, which is not a very smart idea.

Anyway, I've seen this sign posted everywhere in the car park and also one outside of the car park entrance. I've done some research online and have seen some people saying towing from a private property is illegal as they have no rights (not sure about this). I'm just wondering does putting up these signs actually give you the right to tow away unauthorised vehicle parked in private car bay, if one day I want to go down that path? If so, are there any legislation online that's stating the rules? Or is this sign alone sufficient?

Link to image:
https://imgur.com/a/DdylVgs

UPDATE:
So I’ve called the towing company. They said I need to fill out some forms on their website and provide evidence that the car spot belongs to me (either lease agreement or any proof), pictures to show that the car spot indeed has car lot number and a sign showing it belongs to apartment number x, then they are happy to tow it at the car owners expense.

So I guess it must be legal for them to do that?

Automotive

Comments

          • Meeb on 04/12/2019 - 13:11
            -2

            @CocaKoala: You can neg me all you want but that is not how towing works.

            A car can not be towed from a private property nor can it be clamped unless it is absolutely disrupting your entry and exit from that property (not the parking space, but the property, i.e. apartment or house itself).

            Call the police, they will tell you to sod off.

            Call a towing company - absolutely expect to pay them for the tow - they are not in the business of towing random cars that someone claims is illegally parked on their private property. They can only tow without the car owner's consent on public roads/public spaces.

    • Meeb on 04/12/2019 - 13:12
      +1

      You're remembering correctly.

  • boomramada on 03/12/2019 - 10:42
    +1

    Some bed time reading for you https://www.parliament.vic.gov.au/papers/govpub/VPARL1996-98…

    Specially the damage section, if car got damaged during the towing, who is responsible, you or the towing company? I bet towing company ask you to sign a waver before towing.

  • El cheepo on 03/12/2019 - 11:24
    +2

    There are a million petty ways to get back at people doing this rubbish if they are ignoring notes. Many of which wouldn’t solve your problem but would make anyone feel better.
    Eg: get your car jack and jack their car up onto bricks
    Get your car jack and jack up the back end of the car and stick two furniture dollys/skateboards under the back wheels and roll the car out of your spot into the middle of the carpark.
    Shaving cream under the door handle.
    Snipping the tyre valves… the list goes on

    None of them are really recommended, best bet is to just ring towing companies and ask and talk to your strata agent about it again.
    Maybe a remote bollard will be needed.

    Is it actually an assigned bay for you? Or just your usual spot?

    • THL on 03/12/2019 - 18:44

      I bought the apartment along with the spot. It is on the title and it even has a lot number which matches the title. I don't think I'll even try to move or touch their car. If something happens I can see them accusing me of damaging their car :(

      Strata/BC has advised I can call the tow truck if I wish and it's our own business and they don't want to get involved in it.

      • El cheepo on 03/12/2019 - 21:07
        +2

        If you have the paperwork in order and you have the patience, i reckon it’s worth writing a first and final warning they will be towed next time then taking note of the car rego and make to keep on your phone ect.

        If they do it again after, call the tow company and send him packing.
        Warning is fair, its at their own risk after that and even the most stupid of people would have to think “well, he did say it would happen” even though they assumed it wouldn’t.

  • trapper on 03/12/2019 - 11:36
    +3

    If you can get it towed then do that.

    If you can't for some reason (like some (profanity) just parked in your driveway) then just drag it out into the road with another car, then call council about a car abandoned in the middle of the road haha

  • tariqsaleem on 03/12/2019 - 11:42

    I would for a few days atleast just put a bin or something else behind their car that makes it inconvenient for them to remove the car. Put a massive sign on what ever you put to make them aware that what they are doing is wrong. Serves double purpose as anyone driving by will also see thst this car is parked in the wrong bay. Maybe threaten to shame them by taking their cars picture and putting that on social media as well.

    Tow truck sounds like an awesome idea as long as it's legal 😁

  • rave75 on 03/12/2019 - 12:22
    -4

    Just key the car or slash the tyre. Guaranteed they will think twice to come back.

    • El cheepo on 03/12/2019 - 12:53

      And they would likely come back to repay the favour.

      Or if they were smart, call the cops and report it.

      • rave75 on 03/12/2019 - 13:41

        yeah they can report it, but it is not like cops have all the time in the world though. Plus no evidence.

      • berry580 on 04/12/2019 - 12:47

        The return in favor is a more likely and effective scenario. So keying is probably not a great idea

  • dojomojo on 03/12/2019 - 12:56

    If you do start towing, be ready for possible revenge attacks on your car which is parked in your spot.

    • SpendLess on 04/12/2019 - 10:23
      +5

      thats a positive
      the revenge attacks will be on another car that has parked in OP space
      Now he has other people doing the dirty work for him

  • Hangryuman on 03/12/2019 - 12:58
    +4

    sounds like you've got a design problem - an open carpark secured only by gates which allow tailgating ? Hmmm.

    our visitor carparking problem (a few unsecured spaces) was fixed by putting chains with locks across each space - problem solved!

    oh - and signs warning of $100 per day charge for illegal (no unit number sign on dashboard) visitor parking - one lady owner took great offence at being charged $1000 after she let her visiting daughter park her car there for a month (mitigated down from the calculated $3000 fee) while she went overseas - gee I didn't think you'd really - yeah ? well we really did.

    of all the options I'm reading in the comments - I like the towie - fill out the forms - call them, they come running, car removed to the street where it incurs unavoidable parking fines - not your problem - and once word of that gets out to the random community, they'll think twice before trying again !

  • corbz on 03/12/2019 - 13:20
    +2

    Get your proof of residence and follow the steps the towing company have given you. It will be a pain in the butt this time, but if it ever happens again you can get any potential offender removed in no time.

    Ignore all the 'let the tyres down' 'key the car' suggestions, obviously those are dumb ideas at face value, let alone then parking your car in the same spot afterwards.

    • THL on 03/12/2019 - 17:40

      Yeah I think I'll fill out the forms and file to the company just in case if I decide to tow it. I don't want to do anything which might potentially damage their car. There's CCTV in our car park and they could accuse me of all sorts of damages if I was caught doing anything to their car.

      At the end of the day I just want their car moved. Nothing else.

  • jonagrah on 03/12/2019 - 13:28
    +2

    Fill their tyres with grout.

    • picklewizard on 05/12/2019 - 13:27

      Wow it's been a while since I've heard that one!

  • Hirolol on 03/12/2019 - 13:50
    +3

    Please get them towed and put on YouTube lol

  • dansblackcat on 03/12/2019 - 14:59
    +1

    Get two trolley jacks and move it out of your spot.

  • lysp on 03/12/2019 - 15:10
    +1

    If you do end up getting it towed, take a photo of the car being towed away.

    Place a printout of the towing below the "no parking" sign.

  • Bammers on 03/12/2019 - 15:17

    Get one of these:

    https://www.supercheapauto.com.au/p/sca-sca-valve-tool---4-w…

    then remove all the valve stems out of at least two tyres (all 4 makes a real good laugh) so they can't pull the spare out and drive away. Also wont be able to pump them back up until they get replacement valve stems.

    you can even leave them in a bag on the bonnet or under a wiper blade but unless they know what they are or how to put them back in they be buggered.

    end result = winning.

    • matthewperk on 03/12/2019 - 15:25
      +2

      Came here to suggest this! I have a valve core remover on my keychain (for 4x4ing). I used to have the same thing happen in my private work carpark - and sometimes over my driveway at home. Remove the valve cores from all 4x wheels (coz f them), and leave a note on their window stating I'll happily fix their tyres for a fee so they can drive away without damage. Often they'd drive off and presumably start damaging tyres and rims pretty quickly. My carpark was down a laneway so often a tow truck couldn't remove them - thus desperate measures.

      Needless to say the issue stopped pretty soon after that.

      P.s. No need to call council - they can't do anything. Call the police and a tow company.

      p.p.s. If they're real dicks and you want to leave a lasting bit of f-u, hot surfboard wax on all glass surfaces is near impossible to remove without scratching the window.

    • payless69 on 04/12/2019 - 10:17

      many valve caps can be turned upside down to remove the stem. contact cement serves as a reminder…

  • HoffyP on 03/12/2019 - 17:07
    +1

    Make sure 100% the spot is yours first.

    Get some of these
    [Car Trolley Jack's]
    (https://www.autopro.com.au/garage-tuff-hydraulics-vehicle-po…)

    Move the car to a random spot.

  • KangarooOz on 04/12/2019 - 02:13
    +8

    Put a sign 'By parking your car at Lot x, you agree to transfer your car ownership to Lot x owner.' Then you can do whatever you want to the car.

  • kaleidoscope on 04/12/2019 - 08:09
    +4

    by renting that apartment you own that car spot. Hence they are tress passing. Go ahead with towing. Do it once and he’ll never do it again :-)

    Make sure you get photo first

  • Apple10 on 04/12/2019 - 08:51
    +1

    I also live in an apartment in Vic. We have a personal remote to open the carpark gate. Sometimes cars tailgate to come in and break into our underground storage cages (also happened in other nearby apartments)

    Management now put a sign to ask us to wait for the gate to close before driving off to prevent tailgate cars coming in and out.

  • yah00 on 04/12/2019 - 08:55

    what I did was, flat left front and right rear tires ((put a small tiny rock on the valve and close the cap just enough air to escape). works for me every time.
    it is illegal, who cares? what can they do? property damage? so what? any prove that I did it?

    • PVA on 04/12/2019 - 10:51

      Lots of security cameras, dash cams around nowadays.

      • smartazz104 on 05/12/2019 - 07:23
        +2

        Yet they can get away with parking in a private spot.

  • captain smash on 04/12/2019 - 10:08
    +6

    Our apartment block had large difficult to remove fluoro stickers they placed over the windscreen "you car is illegally parked on private property"

    These stickers were near impossible to remove without a trip to bunnings for some solvent.

    I'd get some of those!

    • jmi on 04/12/2019 - 11:09
      +4

      https://www.amazon.com.au/Parking-Violation-Stickers-Fluores…

      You mean these ones? :)

      I once went to a shopping centre, and I saw a car illegally parked in one of those private spots (kind of hard to miss when there is literally a sign at the spot that says building management only and the carspot also had the words painted on the ground) and the building security came to the car and plastered one of these on their windshield and another on their rear window. OUCH!

  • sw00p on 04/12/2019 - 10:28
    +2

    OP please update us once you have had them towed!

  • GourmetFoodie on 04/12/2019 - 11:33
    +1

    Enormous laminated signs in red font saying "this spot is reserved for license plate xxxx, any other vehicle will be towed" seemed to do the trick at one of my old buildings. A few other people resorted to installing bollards. One time my hubby got so mad he parked in front of the car so they couldn't leave and left a note to call us. That got pretty nasty as you tend to find these types that do this are nasty people…. but there was some satisfaction on making their lives difficult. It's a bloody pain though,

  • capslock janitor on 04/12/2019 - 14:17
    +1

    write a note, sticky tape it to a brick, throw it thru one of the windows

    capiche boomer?

  • knr21 on 04/12/2019 - 14:21

    Put a tooth pick in the car tire and it will slowly leak out the tire air (hopefully after they have driven out of the car park) or alternatively let the air out of the tires and put a note on the car saying this will happen every time they park their car here illegally.

  • ratoloko on 04/12/2019 - 14:22

    Well, you contacted the everyone you could and nothing was done??? Easy, do it yourself.
    Grab 4 car jack, those little ones that goes in under the tire. Something like https://www.wholesalesuperstore.com.au/13-vehicle-positionin…

    Now, you can move the car to any direction without any damage. Every single building has that weird spot where nobody parks coz you cannot open the door.
    Yep, fit the car there, remove the Jacks and (profanity) it.
    Take pics/video of the action for insurance puposes and relax. The driver cannot damage your car coz the surveillance cameras.
    Solve the problem with an epic way :)

  • nobro25 on 04/12/2019 - 15:00

    Generally with these cases you just have to call the towing company, no need to notify the police or the driver.
    My strata personnel told me that since it's private property the police can't do anything. You just have to call a towing company and the vehicle will be taken away and any expenses will be charged to the owner of the vehicle! Cheers Goodbye.

    • Pantagonist on 04/12/2019 - 18:51
      +1

      My strata personnel told me that since it's private property the police can't do anything.

      Sweet, if the law says that then I might start robbing people's houses given that I'm effectively immune from prosecution.

  • Trying2SaveABuck on 04/12/2019 - 15:05
    +1

    Have a double gate to stop tailgaters and make it you have to scan in and out of the car park one gate cant open till the other one closes

    That would solve the tailgate issue

    HOWEVER

    the truth is the people parking in other people spots are more likely friends or family of other residence.

    Got a mate who moved in with his misses a few years ago she had 1 parking spot in her apartment which she used and all the near by street parking was only 2 hours zones so he just kept parking in other empty spots got away with it for over a year till they moved out to something bigger.

    Usually apartment complexes have a number of vacant apartments thus empty spots

    If this is the case getting the car towed is you best option

    • idonotknowwhy on 04/12/2019 - 16:47

      This ^

      I've got some trash neighbours who get their mates to park in the vacant spots when they're having house parties.

  • ruddiger7 on 04/12/2019 - 16:12

    Regardless of whether you can get it towed or not, a sign would deter most. Just something simple saying this car spot is private property and if you park here it will be towed. Make it eye level against the wall where your park is.

  • TheBird on 04/12/2019 - 22:16
    -1

    Give a chop shop a lead. They'll deal with it. No cost to you. They might even throw you a little something for your info.

  • Fysh on 04/12/2019 - 23:11
    +1

    Get 1 car towed then take a picture of it being towed from your spot , laminate it and put it under the sign at drivers height. Guarantee anyone who drives in will see it and then leave.

  • windowshopper on 05/12/2019 - 03:47

    You can print something and attach it to your spot like your license plate, similar to what public car parks have to distinguish a private spot owner.

    Otherwise for lols I would get the large parking violation or penis stickers from Ebay.

  • THICKnSLOW on 05/12/2019 - 07:50

    When will councils realise that apartment dwellers often own more than one car and have more than one visitor at any time?

    This issue is a council problem, woefully incompetent planning division especially when high density living is involved.

    I say take the responsible parties to the gallows.

    • coin saver on 05/12/2019 - 10:05

      The people responsible are the purchasers no one else if they stop buying the developers won't build.

      • THICKnSLOW on 05/12/2019 - 11:12

        Council sets the restrictions on car park allotments, which builders adhere to, and purchasers limit themselves to.

        Take Council to the gallows.

        • Pantagonist on 05/12/2019 - 13:30
          +2

          Council sets the restrictions on car park allotments

          Amendments to city planning require state government approval, as is the current case with Brisbane City Council.

          There's no one-size-fits-all approach that will work. Mandate every apartment to have the same number of car spaces as bedrooms and some people will have surplus spaces while others will still not have enough.

          I also assume that with additional car parking, construction costs will increase in turn.

          Apartment dwellers sacrifice space and the ability to accumulate copious amounts of crap for being able to live (generally) closer to urban centres at a much lower price point than their house dwelling neighbours. It seems fair to expect those sacrifices to extend to car ownership, particularly as access to public transport is typically better the closer you live to the CBD. Your visitors can also use public transport instead of driving.

    • whooah1979 on 05/12/2019 - 19:34

      When will councils realise that apartment dwellers often own more than one car

      Not their problem. If someone wants to own more than one vehicle then they should pay up and buy a unit with 2 or 3 parking spots.

      and have more than one visitor at any time?

      Tell the visitors to Uber pool or catch public transport.

  • Noophe on 05/12/2019 - 16:50
    +1

    buy 100 wheel weights for a couple of bucks and start sticking them to the inside of their wheels

  • Powderhound303 on 05/12/2019 - 19:25
    +1

    OK I agree you should tow them and keep towing them away as long you can.

    Make sure you clearly mark the car space as belonging to your apartment or rego number etc. but this gets boring quickly after the first 6 cars get towed.

    Other people in your building are letting them in and out. There is no respect to you or anyone else, so screw them and tow.

    But i had a similar situation and my solution was park them in. lock my car and just go up into apartment. It's amazing what happens next. They beg you you to move my car, are embarrassed and apologetic etc. I sometimes told them I'm out shopping and would not return home until 2-3 hours, meanwhile im watching a movie. They never make this mistake again especially when you ask them which apartment they are from and they can't tell you.

    Another less nasty option is buy a parking bollard which you can lock to block unauthorised use.

  • Austaurean on 05/12/2019 - 20:56

    Get an A4 sticky label page, in yellow, state 'do not park here', or something, maybe place on driver side window or on the drivers side front windscreen…

  • living4music on 05/12/2019 - 22:01
    -1

    Insert a small pin into the tyre valves and deflate all tyres. Then put super glue or liquid nail into the valves. This is the permanent solution. Haha

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