Towing - Illegal Parking

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KillerHulk

321 posts

Ultimate Geek

# 214030 24-Apr-2017 16:54

Hi,

i have a pretty simple question because i have never got towed any vehicle !!

what if i call the towing company to tow away a car illegally parked in the shared driveway (which needs to be clear 24/7) and by the time the towing truck arrives, the car is gone ???????

what happens then ????

Also usually how long does it take for towing truck to arrive ?

I Eat Dumbbells for Breakfast

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6615 posts

Uber Geek
Inactive user

# 1769914 24-Apr-2017 16:57

Is the carpark sign written to say you can be towed or clamped?

You cant really order someone to tow a vehicle away from the site if it doesn't state who the enforcement agency is etc.

Imagine if you left your car somewhere and came back to find it wasnt there and where you parked didnt state a company to contact etc. Id assume my car was stolen and call Police immediately!

Is the driveway clearly marked?

Coil

6615 posts

Uber Geek
Inactive user

# 1769919 24-Apr-2017 17:21

Anyway, Give this a go: https://www.consumer.org.nz/articles/towaway-rights

Distress damage feasant is a common law self-help legal remedy whereby a person who is in possession of land may impound a chattel which is wrongfully on that land to secure the payment of compensation for damage caused by it.

I'd just take the reasonable approach, If they park there again you know its willfully. Suppose you can tow them or wonder how their tires got flat :P

mattwnz

15211 posts

Uber Geek

# 1769920 24-Apr-2017 17:23

KillerHulk:

Hi,

i have a pretty simple question because i have never got towed any vehicle !!

what if i call the towing company to tow away a car illegally parked in the shared driveway (which needs to be clear 24/7) and by the time the towing truck arrives, the car is gone ???????

what happens then ????

Also usually how long does it take for towing truck to arrive ?

Is it your driveway? I am guessing if you call up the company to tow it, then it depends on your agreement with the company. They may require you pay a call out fee etc.

KillerHulk

321 posts

Ultimate Geek

# 1770410 26-Apr-2017 08:25

It's not my driveway but a shares.

we are in a unit where houses are in front and garage is at the back of the houses. everyone living gets 1 garage parking and have only this driveway to go back and forth.

Usually when i come home from work, most of the time, one of them parks their vehicle in the driveway.. Now i cannot get to my garage..

i have personally talked the tenants in other units to not to park in the driveway, (also says in my contract - to keep driveway clear at all times) , but as it is occupied by some students which are alot of them ....

Do i have rights to get them towed if they block my way to garage ????

I Eat Dumbbells for Breakfast

Coil

6615 posts

Uber Geek
Inactive user

# 1770414 26-Apr-2017 08:35

KillerHulk:

It's not my driveway but a shares.

we are in a unit where houses are in front and garage is at the back of the houses. everyone living gets 1 garage parking and have only this driveway to go back and forth.

Usually when i come home from work, most of the time, one of them parks their vehicle in the driveway.. Now i cannot get to my garage..

i have personally talked the tenants in other units to not to park in the driveway, (also says in my contract - to keep driveway clear at all times) , but as it is occupied by some students which are alot of them ....

Do i have rights to get them towed if they block my way to garage ????

I'd do it, If its a reoccurring thing. Just remember you have to live next to the wayne kerrs so take that into account....

tripp

3375 posts

Uber Geek

Trusted

Lifetime subscriber

# 1770464 26-Apr-2017 09:01

Buy a wheel clamp

http://www.supercheapauto.co.nz/Product/Trojan-Trailer-Wheel-Clamp-Defender-Suits-165-195mm-Tyres/292687

Do it once and they will learn.

Inphinity

2543 posts

Uber Geek

# 1770467 26-Apr-2017 09:09

If you rent, I would raise it with the landlord. Be fair but clear that you require a resolution that provides reasonable access to your garage. Presumably if it is blocking a shared accessway, there would be other tenants affected also?

Is it always the same car? I'd note down the rego number, take some photos showing it parked in an obstructing way, to support your claim.

KillerHulk

321 posts

Ultimate Geek

# 1770473 26-Apr-2017 09:21

Inphinity:

If you rent, I would raise it with the landlord. Be fair but clear that you require a resolution that provides reasonable access to your garage. Presumably if it is blocking a shared accessway, there would be other tenants affected also?

Is it always the same car? I'd note down the rego number, take some photos showing it parked in an obstructing way, to support your claim.

I will surely take some pictures for my backup.

i am not sure about other tenants, coz most of them are using their garage for storing rather than parking.

I Eat Dumbbells for Breakfast

rb99

1365 posts

Uber Geek

Subscriber

# 1770478 26-Apr-2017 09:29

A long time ago people used to say getting some lipstick and writing on the windscreen in big letters 'Please don't obstruct....whatever' is quite effective - causes no damage but inconvenient/difficult to get off.

.....will send a disclaimer for you to sign later.

rb99

Wheelbarrow01

941 posts

Ultimate Geek

Trusted

Chorus

# 1770481 26-Apr-2017 09:35

TimA:

KillerHulk:

It's not my driveway but a shares.

we are in a unit where houses are in front and garage is at the back of the houses. everyone living gets 1 garage parking and have only this driveway to go back and forth.

Usually when i come home from work, most of the time, one of them parks their vehicle in the driveway.. Now i cannot get to my garage..

i have personally talked the tenants in other units to not to park in the driveway, (also says in my contract - to keep driveway clear at all times) , but as it is occupied by some students which are alot of them ....

Do i have rights to get them towed if they block my way to garage ????

I'd do it, If its a reoccurring thing. Just remember you have to live next to the wayne kerrs so take that into account....

There's a couple of things you can do. If the units are governed by a body corporate, I'd approach them and ask them to get in touch with the offender's landlord to make the tenants comply - I assume the body corporate will have a rule expressly forbidding additional cars in the common driveway areas. There are generally penalties for landlords whose tenants do not comply with body corporate rules.

If It's not in a body corp situation (ie cross leased), I'd contact their landlord directly. If you don't know who that is, you may need to go to your local council office and ask for the owner's name and contact details. Property ownership is a matter of public record so the Privacy Act does not apply, so the council will give you the details. They may ask why you want the information, but it sounds like you have a legitimate reason so I see no reason for them to withhold the owner's details. I have done this many times. Some councils (eg Waitaki) even publish owners names and addresses online. You can also get the owner's name by doing a search on www.qv.co.nz although there is a fee for this, and it won't give you their contact details - just a name.

In the case of tenanted properties, sometimes it can be worthwhile just googling the exact address. If it's rented through a management company, 9 times out of 10 a google search will come up with a historical rental listing which shows who the property manager is. You can then call them to complain about the tenants and demand action.

It's probably pointless calling a tow truck. No doubt as soon as the occupants see or hear a tow truck arrive, they will run downstairs and jump in the car, meaning it cannot be towed.

cadman

1014 posts

Uber Geek
Inactive user

# 1770528 26-Apr-2017 10:38

The easiest way to deal with these sorts of inconsiderate a-hole is to treat them in kind. Park behind them so they can't leave then take your sweet time when they come and ask you.

Wheelbarrow01

941 posts

Ultimate Geek

Trusted

Chorus

# 1770531 26-Apr-2017 10:52

cadman:

The easiest way to deal with these sorts of inconsiderate a-hole is to treat them in kind. Park behind them so they can't leave then take your sweet time when they come and ask you.

Years ago when I worked for another phone company in Wellington, a certain high profile businessman used to park his exotic cars in our customer carpark, knowing full well that none of the local towing companies would tow him for fear of damaging said exotic cars. My many polite notes requesting for this behaviour to cease were ignored, so I just started letting his tires down. Eventually he got the message and just started parking on the street in front of us - half on the footpath and half on the yellow lines. What a w*nker....

Aredwood

3885 posts

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Subscriber

# 1770534 26-Apr-2017 10:59

One person supports this post

Do a title search on your property and the neighbours to get copies of the cross lease terms and /or shared driveway terms. There will probably be a section that will say what to do if 1 party doesn't comply. Which can even include selling the neighbours house by force. They sometimes say "no pets allowed" and can also sometimes say that properties cant be rented out.

So definitely well worth a read to see what "gems" might be written in that contract.

Linux

5500 posts

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Trusted

Lifetime subscriber

# 1770535 26-Apr-2017 11:01

Stick a note to the windscreen with a load of golden Syrup I am sure they will get the message while not damaging the car

Linux

Coil

6615 posts

Uber Geek
Inactive user

# 1770550 26-Apr-2017 11:31

Wheelbarrow01:

cadman:

The easiest way to deal with these sorts of inconsiderate a-hole is to treat them in kind. Park behind them so they can't leave then take your sweet time when they come and ask you.

Years ago when I worked for another phone company in Wellington, a certain high profile businessman used to park his exotic cars in our customer carpark, knowing full well that none of the local towing companies would tow him for fear of damaging said exotic cars. My many polite notes requesting for this behaviour to cease were ignored, so I just started letting his tires down. Eventually he got the message and just started parking on the street in front of us - half on the footpath and half on the yellow lines. What a w*nker....

It sucks when you kick your door open like sparta and it hits the car next to you and creases the living crap out of the panel.
Accidents happen i suppose....

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