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I’ve been here six months and have parked in a visitor park a half dozen times. There’s a large shopping center a street over so the employees from it take up all the available parking so I have to park several blocks away.
There was twice in one week I was photographed there during the day (while it was otherwise empty).
I have now been told I am being evicted for this. Is this legal?
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Oh, dear: “while it was otherwise empty”?
Well, it wasn’t empty when you parked in it – meaning it wasn’t available for bona fide visitors.
But can you be evicted for this?
You can be evicted for breaching by-laws – because that’s a breach of your tenancy agreement.
But there’s a process. You have to have received warnings and you must be given notice so you get the chance to appeal to Fair Trading.
So challenge it and, in the meantime, put up a notice asking to rent a spare space from anothe resident.
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If the building has room for visitor car spaces then I assume each unit also has a least one car space . What happened to yours?
There will be no quick and easy solution. Many local councils declare parking spaces close to shopping centres and transport hubs as ‘resident only’ beyond one or two hours. Is there scope for a local campaign? It would have to be considered by the council, and there would be a lengthy time for notice to be given and objections to be called for. If your efforts were successful, you would have to pay for a permit, and there is no guarantee of being able to park, but it would be better than nothing.
You did not mention how many visitor spaces your building has. Many schemes are ready to tolerate occasional and brief occupation of a visitor space, but twice in one week seems provocative, especially if it was the ‘last space’ on each occasion and you gave the impression that you had decided to base your car there.
Is there allocated parking for your unit? If so, why not use that? If you have more vehicles than allocated spaces, perhaps another unit has the opposite situation and would let you use their spare space, either just to be nice or by renting it to you.