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Thread ID: 100420 2009-06-07 05:16:00 Another parking problem Thomas01 (317) PC World Chat
Post ID Timestamp Content User
780275 2009-06-07 05:16:00 A relative of mine visited a friend in a council flat.
Told to park in the tenants spaces because there was no problem, she did so using park number one as her friend lived in flat one and has no car at the moment.

There were plenty of empty spaces and the two of them went for a walk - when they got back one of the other tenants who liked park number one had rang a towing company and had the car towed. There were still lots of empty spaces.

Frankly I don't think he had the authority to have the car taken away, had made no inquiries about who the car belonged to, and there is no warning about cars being clamped or removed etc. I was surprised SOS towing didn't realize the situation and refuse to get involved.
My thoughts now are that she should go to the small claims court and have a go at either SOS towing or the tenant(who frankly I reckon is the one really to blame).
What do you think?
Advice from legal minds particularly welcome.
Thomas01 (317)
780276 2009-06-07 05:29:00 Your relatives should call a towing company when their neighbours park in their spot, and see how they like it.

Disclaimer: This is not necessarily a safe or sensible option. Use with caution.
somebody (208)
780277 2009-06-07 07:17:00 Is that how the parking works there?
i.e. Flat 1 gets Park 1, Flat 2 - Park 2 etc?

If that is the rule then I would say that the person who had the car towed should pay back any money that was paid out to get the car back from the towing company.

But I also think you are correct in saying that SOS Towing really shouldn't have towed the car as there were no warning signs anywhere and the car was not parked illegally like on a yellow line or in a disabled car park.
CYaBro (73)
780278 2009-06-07 20:57:00 when they got back one of the other tenants who liked park number one had rang a towing company and had the car towed. .

That happened at a place my son lived at once.
The looney who did it also put a chain across the park, called police numerous times to say he was being threatened, etc.

Ring the landlord as well, yes take him to Disputes as well.

Eventually these nutters go away....
pctek (84)
780279 2009-06-07 22:01:00 Tell friend at units to buy a car any car with wheels for no more than $10 and put it in space 1. If numbnuts complains get friend to say to numbnuts "I am going to do it" up but dont touch the thing.
Revenge will be sweet every time the numbnuts sees the car he will be enraged he was so silly to get the friends car towed.
prefect (6291)
780280 2009-06-08 00:50:00 Is that how the parking works there?
i.e. Flat 1 gets Park 1, Flat 2 - Park 2 etc?
.

No there is no rule about that - it's just a case of using any park. Normally no problem apparently but this guy has a reputation!
I like some of the other ideas but to be honest am looking for serious legal advice - I believe the chap should be taken to task in some way.
Tom
Thomas01 (317)
780281 2009-06-08 01:00:00 Disputes Tribunal is probably the only viable recourse, but first make sure the Tenancy Agreement gives the tenant friend the right to the use of a car parking space and clarify with the Council that a space may be used by the tenant's visitors if the tenant is not occupying one at the time .

Claim back all costs etc, it is probably an easy win if the facts are right .

Retribution is futile, revenge is sweet .

Cheers

Billy 8-{)
Billy T (70)
780282 2009-06-08 01:17:00 The most important thing here is to teach the numbnuts who got the car towed a lesson.
People need to know doing idiotic things is going to impact on them further down the track.
Never thought of a legal option thru the disputes tribunal, I am a direct action sorta person but if he has to pay the towing fee thats good revenge.
prefect (6291)
780283 2009-06-08 09:36:00 The people to speak to may be the local council.

I spoke to the Auckland City Council about vehicles parking on private property (I assume the flats carpark is private property.) They told me that the owner of the property is entitled to have the vehicle removed by a towing company. There is no necessity to have a "tow away" sign. If that were the case all private property carparks - including your home carpark - would need a sign. I enquired mainly because I wanted to know my rights and what I could do. The council told me I was within my rights to have them towed away.

I told the people who were parking on the property that it was private property and that they should not there and, for the moment, they have chosen not to park there.
Roscoe (6288)
780284 2009-06-08 13:08:00 No there is no rule about that - it's just a case of using any park. Normally no problem apparently but this guy has a reputation!
I like some of the other ideas but to be honest am looking for serious legal advice - I believe the chap should be taken to task in some way.
Tom

Seriously I suggest you go to the local Citizens Advice Bureau as they could give you advice knowing the local bylaws as it would appear to be a Council issue.

If there is no rule, which I doubt, then open grabs. I would think that your friend signed a Tenancy Agreement which should set out "the rules" for the council flat.

I further take it that the person who had the car towed had the right to do so under his tenancy agreement?
Sweep (90)
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