- May 28, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Issue with Parking Spot Allocation and Towing Fee
### Background
As indicated in the title, I am facing a situation related to my recently rented apartment. The rental property I secured was advertised with a specific parking spot included in the listing, mentioned in my leasing agreement, and even documented during the entry inspection.
### Situation Description
Unfortunately, despite the assurances and documentation regarding the allocated parking spot, my car was towed from that very location. The retrieval of my car cost me a significant amount of $660. Following this incident, the building manager advised me to reach out to the rental agent to clarify why there was a misunderstanding regarding the parking spot allocation.
### The Dilemma
I am now left wondering what steps I can take in this scenario. Was there a mistake in the allocation of the parking spot? Is there any recourse for the unjust $660 towing fee that I had to bear?
### AI Legalese Decoder Solution
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### Seeking Resolution
With the assistance of AI Legalese Decoder, you can navigate through the legal jargon, understand your rights, and take informed steps towards resolving this parking spot allocation issue and reclaiming the unjust towing fee incurred. It is essential to advocate for your rights as a tenant and seek a fair resolution to this inconvenience and financial burden.
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****** just grabbed a
CC your agent in the email and ask them. Did strata not provide any warning letters?
Find a copy of the agreement where it states that specific spot is yours and also get written correspondence from the building manager. This will be the fault of the agent and you have course to chase them for it for providing misleading information. Could there be a chance you made a mistake yourself? Was the parking spot clearly shown in a diagram or similar?
I recently had a real estate agent leave a business card on my windscreen asking me to call him, when I called him he asked why I was parking in that spot as it belongs to a unit he just sold in the complex.
Turns out you should not rent a parking spot from a poster in the common area.
Luckily I only paid one month before talking to the agent, after which he let me stay in the spot free for 2 months knowing the new owners would not be moving in from out of state.
What does your rental agent say?
There’s a big difference between Lot 20 and Parking Space 20, they don’t always match your unit number.
You need to refer to the strata plan and the schedule.
It may also be worth mentioning to the tow company that it was an illegal tow from private property where you are authorised to park as part of your lease. Unlikely but they may wave the fees and half the headache goes away.
Often tow companies stay away from this as it can cause problems eg if I just asked a tow company to take my neighbours car out of spite, they don’t have a way to verify if that request is legitimate/authorised or not.
Pretty easy to get compensation for that at VCAT I would think. Agent should come to the party though, its pretty clear that they are responsible if the wrong lot number is on the lease.
You have a lease. It should say if it includes a car spot they are usually numbered according to your unit number too. You should only park in that spot . Did you park in someone else’s spot?
If the documents show you have designated parking spot then this is a matter for real estate and building manager to sort out .
They had no right to tow your car if that was the case. You will need to send letter of demand to building manager demand refund of $660 and give copy of lease showing you had the legal right to park there.. they failed to check with the real estate agent before towing your car. They should have all the real estates contact details.
If not paid in 7 days lodge claim with VCAT.
Did you ask the building manager which spot does belong to your apartment? He should have a map that shows it. Most car parks have the apartment number stencilled on them as well.
If it turns out your apartment does not have a car space allocated to it but it’s in your lease agreement you’ll need to sort that out with the agent. It’s probably decent grounds to break the lease
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