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illegally parked car.

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Steinefm View Drop Down
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  Quote Steinefm Quote  Post ReplyReply Direct Link To This Post Topic: illegally parked car.
    Posted: 01/December/2013 at 17:19
I was parked legally at a westfield carpark....i came back from shopping to find that a car was parked illegally ...blocking my exit from my carpark. I rang centre management...who called the rego number several times over the PA system. after nearly 1/24 of waiting and getting upset with the westfield security guards for not doing anything about getting the car moved...i was very silly and put a few scratches down the side of this vechicle cause i was so upset that a) i couldn't get out and b) the westfield centre would not fine this car for parking illegally and obstructing my way out. Also ...manningham council came and they wouldn't fine this car either because they have no jurisdictiion to issues fines in the westfield car park. Police eventualy came after 1 1/2 hours of being blocked in...i was subsequebtly arrested for my stupid scratching of the car. the owner of the car did not return for 3hours....by this time i was back from being taken to the police station. the owner of the car....was not going to press charges...but becasue i wanted to pay directly to the panel beater and to the car hire place ...he has decided to press charges and now i am going to court. I am furious that westfield would not do anything to move the car. this incident is totally out of character for me and i have never been in trouble before with the law. what should i do? happy to pay for damages and car hire...but the man doesn't want to.

Gorodetsky View Drop Down
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  Quote Gorodetsky Quote  Post ReplyReply Direct Link To This Post Posted: 01/December/2013 at 17:41
Hi steinefm,
Ok. Mmm.
You have asked what should you do. You have said you were arrested, but haven't said what charge. I'm guessing willful damage.

I suggest you get a nice solicitor to assist you avoid a criminal record.

Solicitors are eloquent. It is possible your solicitor might pacify the "illegal Parker" and the police.

This might be rather expensive.

Good luck

I hope this helps

Regards,
Gorodetsky

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 01/December/2013 at 17:42
We can all get frustrated when someone else does something selfish which causes us inconvenience.

Unfortunately you made a silly error and it is going to cost you much more than the taxi fare home would have cost, if you had just left your car there. Further you would have had a claim against the driver who blocked you in to recover the fare.

Now you will not only have to pay for the repairs but you run the risk of a conviction.

You have a defence due to your frustration at being parked in, but you are going to need a lawyer working for you to help ensure that your actions do not turn into a conviction. Ask the lawyer if you have any grounds for action against the driver who blocked you in. If so bring a civil claim against him for your losses.

It is not the responsibility of the shopping centre to move cars, in fact they may be committing an offence if they do. Their obligation was to call the registration number of the car which they did.

You need to see a solicitor with whatever paperwork you have from the police. Do this right away, ask for a quote for his work.

EDIT: Posting at the same time.






Edited by MartinO - 01/December/2013 at 17:46
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

Steinefm View Drop Down
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  Quote Steinefm Quote  Post ReplyReply Direct Link To This Post Posted: 01/December/2013 at 17:52
the police are going to ask for a diversion so that hopefully i will not get a conviction for wilfull damage. also the police will ask that i do an anger managemnet course. if i am going to plead guilty in court....will i need a lawyer?

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 01/December/2013 at 17:56
Possibly not, if you agree to the anger management, but it may pay to see one regarding any possible claim against the other driver and just to have a solicitor on hand in case they change their mind and want a more significant penalty and a conviction.

If you go to court yourself and it turns out that you are facing more than you have been told, ask the magistrate for an adjournment to seek legal assistance.



I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

Steinefm View Drop Down
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  Quote Steinefm Quote  Post ReplyReply Direct Link To This Post Posted: 01/December/2013 at 18:01
thanks for your help. I am hoping the police man involved will tell the person that I will give him a bank cheque to cover the cost of the damages and for the car hire this week if he agrees to drop the charges.

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 01/December/2013 at 18:10
Afraid it is not as simple as that, it is the police who lay the charge not the other person. The other person makes a complaint and is sometimes a witness to the offence, but they are not the originator of the charge.

Handing over a blank cheque could lead to a more serious charge of attempted bribery, don't do it. Insist of a an invoice from the repairer, before you part with any money.


I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

Steinefm View Drop Down
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  Quote Steinefm Quote  Post ReplyReply Direct Link To This Post Posted: 01/December/2013 at 19:46
is it best to ring the policeman involved and ask him to find out exactly how the man would like me to pay for everthing so it doesn't go to court?? the man originally was happy for it not to go to court but then i think he thought it was going to be too hard.

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 01/December/2013 at 20:15
I believe that if you wish to negotiate, not that I think it will make any difference as this is a police matter now, you should have your solicitor do it. Otherwise other charges could follow.



I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

StandTall View Drop Down
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  Quote StandTall Quote  Post ReplyReply Direct Link To This Post Posted: 01/December/2013 at 22:22
Originally posted by Steinefm

i was very silly and put a few scratches down the side of this vechicle cause i was so upset that a) i couldn't get out and b) the westfield centre would not fine this car for parking illegally and obstructing my way out.

SILLY, that's not the word for It.

I would use the word NINCOMPOOP!

The trouble here is that the repaired paintwork is never as good as the original, never.

This may really piss off the owner once he gets over the initial shock of it all and especially if it was a new or near new car you vandalized.

Definitely seek the services of a Solicitor in my opinion, too risky to not do so.

If you suffer or were suffering from any psychological condition at the time and can prove it, you may/probably will get off.

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 01/December/2013 at 22:47
I don't think we should be too hard on Steinefm, stress and frustration can cause any one of us to act out of character, and most of us realise this as soon as we have done it.

I once saw a woman with two young children and a load of shopping trying to get her car out of a spot where she was parked in.

In the end and obviously in complete frustration, she drove her car backwards and forwards into the side of the car blocking her till she managed to shunt it out of the way, and get out of the park.

I was in a high-rise building overlooking the parking lot, watching from above was distressing as there was nothing we could do either.




Edited by MartinO - 01/December/2013 at 22:53
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

Steinefm View Drop Down
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  Quote Steinefm Quote  Post ReplyReply Direct Link To This Post Posted: 03/December/2013 at 15:24
how much does it cost to get a solistor for this kind of matter??

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 03/December/2013 at 15:30
You need to see one and ask for a quote, the real question is, how much does it cost to not have one? A conviction can see a person excluded from certain types of jobs for many years. That could be a high cost.

A visit to a local community legal centre, at no cost, may help you make an informed decision to suit your situation.


I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

Steinefm View Drop Down
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  Quote Steinefm Quote  Post ReplyReply Direct Link To This Post Posted: 03/December/2013 at 15:32
thanks for your help

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 03/December/2013 at 15:56
In the grand scheme of things, yours is not a particularly serious offence however things could blow out of all proportion if you go into court unprepared.

Good luck with the court and sign up for that anger management now, so that you can tell the court that you have taken steps to ensure that this never happens again.

I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

Steinefm View Drop Down
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  Quote Steinefm Quote  Post ReplyReply Direct Link To This Post Posted: 03/December/2013 at 16:49
is there any chance you can help me?? which state r you in??

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 03/December/2013 at 18:59
Sorry I'm in Queensland.

You appear to be in Victoria and it seems that your nearest community legal centre is at:-
EASTERN COMMUNITY LEGAL CENTRE INC
Inner East Branch
Suite 3, Town Hall Hub, 27 Bank Street
Box Hill 3128
Ph (03) 9285 4822

Phone for an appointment and take whatever paperwork you have received along to your appointment.

Hope they can point you in the right direction.


I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

Steinefm View Drop Down
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  Quote Steinefm Quote  Post ReplyReply Direct Link To This Post Posted: 03/December/2013 at 20:16
Thankyou sooooo much!

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