All Topics / The Treasure Chest / removal of illegally dumped car

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  • Profile photo of downunderhongkongdownunderhongkong
    Member
    @downunderhongkong
    Join Date: 2003
    Post Count: 0

    Guys/gals/experienced dealer of tenents from Hell,

    I have an investment unit, it has a secured car space in the car park area of the high rise building.

    A car is initially illegally parked in the space, went to police, but they said they can do nothing about it because it is inside the private car park area of the building.

    My agent doesn’t want to do anything about it.

    The building manager said they wouldn’t do anything about it because it is in my car space.

    The car has been left there for over 6 months. The back wheels are now taken off, windows damaged. I am worried it would catch fire and cause more damage to other people.

    I was told if I tow it away, if anything happens to it, I would be liable for the cost.

    What is the best action to take? What is legally right?

    My property lawyer told me I could just get a tow truck company , unannoumously tow it out to the street so council can deal with it?

    Can I do that?

    Anyone who can advise?

    From
    Someone who has read up to chapter 12 of the 1 to 130 properties in 3.5 years.

    Profile photo of hgwellshgwells
    Member
    @hgwells
    Join Date: 2003
    Post Count: 127

    I know if you get it to the street then the police will have to attend and treat it as an abandoned vehicle and arrange for it to be removed if you’re in NSW. Maybe the rta can suggest something? HG – still reading

    Profile photo of BennyBenny
    Moderator
    @benny
    Join Date: 2002
    Post Count: 1,416

    The building manager said they wouldn’t do anything about it because it is in my car space

    Any chance you can manouevre it into common area (so it is not in YOUR car space?) Once a few tenants complain to the Body Corp about having to dodge around the wreck, they would have to do something, wouldn’t they?

    My thinking here is that you are paying for your car space, so if someone is parked illegally in it, you would have the right to remove it, wouldn’t you?

    I have previously used the “move it onto the street” trick before – seemed to work OK

    Benny

    Profile photo of calroncalron
    Participant
    @calron
    Join Date: 2003
    Post Count: 78

    I am currently having this debate with our body corporate of which I am on the committee..
    Correct me if I am wrong but.

    1. If it is on your property and was there when you purchased your property then as per you “Vacant possesion” clause on your contract the car belongs to you.
    This means that you can move it legally to where ever you like.

    2. Once it is on common property then it becomes a problem for the body corporate ie. the owners of the rest of the units, of which you are one. Legally they could send you the bill for removal.

    3. Move it out to the street, since as per the “vacant possession” clause you are able to do since you own it now. Call the council and have them remove it as it now exists as an abandoned vehicle.

    4. Another alternative is to get the VIN number and Engine number. Call the police to see if it is stolen. If not, then put an add in the paper and sell it for parts. This way you make some money out of it too.

    Just some thoughts.. I am not a legal eagle by any means so check if this is legal to do but try to turn this inconvenience into an advantage for yourself.

    Cheers and goodluck.

    Calron the Alcamist
    Turning things into gold is fun.
    [email protected][;)]

    Profile photo of babsbabs
    Participant
    @babs
    Join Date: 2003
    Post Count: 38

    Just an idea, a friend of mine went through exactly the same as what your going through now. The previous tenants left the vehicle in the driveway, the car (a bomb)interior was full of grass clippings, I mean full, what she did was she got the vehicle towed out of the driveway and put it down the road in a public parking area (a park) and forgot about it, the car was sitting at the park for a month before people complain and Yep the car was towed away. Easy fixed don’t stress, ring up a Towing Company or do it yourself but I don’t know how your going to go with no back tyre, Towing company might be a better idea! Problem solved!!

    Profile photo of MarcoMarco
    Member
    @marco
    Join Date: 2003
    Post Count: 66

    Had the same problem some time ago. Called the local wrecker who towed it *and* paid me $25.00 for the bomb.

    Cheers,

    Marco

    Profile photo of ajwansajwans
    Participant
    @ajwans
    Join Date: 2002
    Post Count: 45

    I would call a “Cash paid for cars” ad from
    the local paper. Why should ratepayers pick
    up the tab? Or the body corporate for that
    matter?

    It’s obviously abandoned so recycle it I say.

    andy

    Profile photo of SooshieSooshie
    Member
    @sooshie
    Join Date: 2002
    Post Count: 974

    Hi Downunderhongkong,

    Anyone you know resemble ‘Mr Bean’? [:0)]
    I agree with everyone who said get it removed or towed away (should be a tax deductable item anyway), or get the ‘cash for cars’ people out. Don’t make a ‘Hoo Haa’ out of it and just do what you think is fair under the circumstance. The more you draw attention to it, the more likely you are to get in trouble.

    I’m sure you’ve already fixed the problem

    Good Luck
    Sooshie [:)]

    “small steps make the journey” (SAS)

    Profile photo of ShaneBShaneB
    Member
    @shaneb
    Join Date: 2003
    Post Count: 62

    Get tenanats into the car!! Get it valued and use the increased equity to buy more dumped cars!!

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