No parking

I’ve found out that in NSW a vehicle parked on private land can not be legally wheel clamped, impounded or towed away except by the police. This is really quite annoying as the police are generally reluctant to act in such circumstances and the land owner is left with few practical options to deter such behaviour.

Perhaps towing companies were in the past being a bit too zealous in terms of the conditions for the release of impounded or wheel clamped vehicles. However these restrictions don’t seem to get the balance right either. If somebody parks their car on your private land and it is clear from signs or other indicators that the land is private then there should be a legal, timely private means of dealing with the offending vehicle.

9 thoughts on “No parking

  1. Sounds reasonable, Terje… did something bring about this knowledge? (ie, someone park on your property?)

    Frankly, you should be able to have people towed for parking in front of your property – at least on garbage collection night!

  2. Fleeced – as part of the P&C I was looking at ways to stop members of the public using teacher parking spots in the school as all day parking spots when then go to the shops near the school. I said to the deputy princple that we should just get the cars impounded but then I started looking into it and found that the legal options are in fact very limited. There seems to be no legal private means and the means that involves the police requires the police to be motivated.

    At alternative is a boom gate but at some hours you want open parking and how do you get rid of a car that then over stays it’s welcome.

  3. This is really quite annoying as the police are generally reluctant to act in such circumstances

    And why would they? There’s no money in it for them, and they don’t get to fill a quota by doing it.

  4. Years ago I lived in a rental not far from the MCG. It had two car bays that were open to the street, but with ‘private property – no parking’ clearly painted in large letters.

    Every footy match someone would ignore the sign and park there. We just parked in front of them, blocking their exit. Eventually there’d be a knock on the door, and generally they would be annoyed with us for ‘inconveniencing’ them.

    We were always very polite, but would merely ask them if they happened to notice the sign. At one point I thought about getting some wheel clamps, but it wouldn’t have solved the problem.

  5. You may not be able to use wheel clamps, but if it’s private property, you can have your own “No Parking” signs, private meters, and issue fines, can’t you? Whether or not the fines are legally enforceable is another matter…

    I remember a Today Tonight story complaining about a supermarket issuing such “fines”

  6. I got fined by the management of the shopping centre I used to work at when I was 18, for parking in a non-staff zone in the shopping centre carpark.

    I said I wouldn’t pay it, they said that’s fine we’ll just add it to your boss’s rent. So they did, I don’t think he ever even noticed.

  7. At a minimum I think where you have provided clear signage you should be able tow the vehicle to some public parking space or wheel clamp it for 48 hours at your own expense. There needs to be some private means to impose a deterent.

  8. I’ve found the best option is one of those lockable devices that you bolt to the tarmac. When you unlock it, it collapses down and a car can park over it.

  9. So if someone parks on your land you should be able to steal their car? Seriously, I agree that something should be available, but wheel-clamping is clearly not solving the problem, just a punishment and risks starting a fight. The big issue is proportionality and risk.

    Outside NSW towing a car is also highly dubious.

    There used to be a remedy for cattle trespass, but nobody seems to want to apply that to cars.

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