So you say to the police, hey I got this letter about me parking in a visitor space and they claim I damaged the gate and are asking me to pay. What would the police do/say?
The police would tell you it is a private matter.
It is a private matter and should be dealt with as a private matter unless/until it reaches a certain point. As Whale says you write them a letter and make it very clear:
– I parked there because I was prevented from parking in my parking space
– I did not damage the gate and i will provide a statutory declaration to that effect
– I will not pay for any purported damage to the gate
– the OC has an obligation to maintain/repair common property and is responsible for fixing the gate.
Provide a copy of the letter to the managing agent for the property so they are in the loop.
The OC doesn’t have any evidence that gaven83 damaged the gate. In the absence of that, they don’t have a leg to stand on. In this case, it is to his advantage that he is a tenant, they can’t whack the bill on to him as an owner.
In other words, you tell them to go jump.