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From ShopFront CarPark – UnRegistered Impounded Car from Shop
Greetings Crown/s;
On 5 Jul. City-council initially having no record of impounding my car with no REG. plates [stationary] in front of our shop front (therefore Municiapl-Council) prompting us to report the car stolen on (9 Jul. jointly putting in an insurance claim) after exhausting all avenues on the whereabouts of the car – whereby 1 month and 8 days (39 days) later on 17 Aug; Insurance Co. is now backpedalling on honouring the claim stating the car has been found impounded accumulating fees): parking area in front of our shop front is ambiguous as no signage for any parking restrictions (hence Municipal-councils’ questionable jurisdiction [ESPECIALLY – after multiple Council-Agents had confirmed/Re-Affirmed that that ‘R2’ Parking Area is in-deed “Private-Property” even though “Abandoned / Unregistered Vehicle Officer” deems otherwise) – and finally and ULTIMATELY; council fail to here to their own protocols by failing to notify surrounding households and failing to fair warning stickers on the car yet claim to attest the car being left there for considerable amount of time)-
I have (on record –link/s on ‘record’ below & attached pictures at bottom of email);
https://drive.google.com/file/d/11pNv-0E_fUpeSnWZr7PDU6T2lJ-LDp5P/view?usp=sharing
Ange Hamilton;
Abandoned / Unregistered Vehicle Officer;
Bringing all of those questions raised to light;
She claims as it is a Commercial Zone MoreLand City-Council do “NOT” have to provide Fair Warning ( to which I replied that any burden of Proof is on the claimant);
Acts depended upon:
• Road Management Act
• Local Government Act
All of the following questions addressed in ‘Google Drive” link as I compile the rest:
. “Where’s the evidence fair warning was given? Where’s the proof a sticker was placed on your car/property, not vehicle, that involves commerce and your car is registered PRIVATE.”
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You will notice in the phone call how she gets all flustered once I demand to see their Charters and Articled of their Line of Authority;
I’m gathering a file together with all correspondence in a lineal time-line fashion alongside description of events and any supplementary/ ancillary appendix – attachments such as Meets & Bounds Land Surveys’ (note: bottom/last screenshot: “SP 25802”/Lot # 34 (Pre 1966) of DeJure Era plotting land all the way to the easement of Lynch Rd. (indicated in phone conversation);
Basically ; we have to now put it in writing;
Any pointers – much appreciated –
Regards;
Care of;
Private Member – Private Person;
Tony[Mite]-in-Trust.
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RELEVANT-CORRESPONDENCE-BELOW:
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T.L. via yandex.com
Wed, Aug 31, 9:28 PM
to me
Tony,
Thanks for inclusion into this case.
As i understand it, if the vehicle was NOT registered, it is not OWNED by the government and so they cannot really deal with this car
Registration is classified as signing over ownership – According to our government!!!
This is now THEFT – as long as the cat is not registered.
As a case to confirm this.
A delapidated trailer is parked on the street here and, whilst it has a rego plate on it, Council claims it is not registered.
As such, they claim that they cannot remove it
Cheers & Good Luck
T.
. . .
Hi Tony,
From google street view photos, there does not appear to be any restrictions on car parking along Lynch Road in the vicinity of the subject property, including the car parking bays at the front of the property.
The attached diagram shows the extent of R2 as shown on LP53872. It is likely that R2 would be deemed part of the public highway as per the remainder of Lynch Road.
Regards
Peter McCarthy
Licensed Surveyor
. . .
Fawkner Property Enquiry
Hi Tony
I write in response to our phone conversation today. Property area of Council can confirm that the area in front of your property is road reserve highlighted pink and grey below that is owned and managed by Council.
For more information on the management of Council’s Road reserves please contact info@moreland.vic.gov.au
Transport queries
For information on changes to parking restrictions please check Council’s website Changes to parking in your area (moreland.vic.gov.au) or contact Transport at Transport@moreland.vic.gov.au
For information on abandoned vehicles please refer to Council website Parking fines (moreland.vic.gov.au) or contact the local police.
Regards
Moreland logo
Pauline Kiely
Property Officer
T +61 3 9240 2456
http://www.moreland.vic.gov.au
. . .
From: customer communications <customercommunications@autogeneral.com.au>
Sent: Tuesday, 23 August 2022 12:27 PM
To: tonymite@hotmail.com <tonymite@hotmail.com>
Subject: Impounded Car from Shop Front CarPark Tony Mite
Hi Tony,
Thanks for your time.
As advised, your vehicle was towed by the Morland Council. Their details are below in blue. They towed your vehicle 5/07/22. You will need to contact them in relation to getting your vehicle back.
Good Morning Jeremy,
Yes Council has impounded the vehicle & did so on the 05/07/2022
We still have the vehicle currently Impounded at Pickles auctions in Tullamarine.
Please let me know what you wish to do with the vehicle as we have not had any contact from
The owner in regards to the vehicle and the vehicle is accruing daily storage fees & is subject to an
Impound fee.
Thank You
Ange Hamilton
Abandoned / Unregistered Vehicle Officer
T 9240 1111
http://www.moreland.vic.gov.au
. . .
From: D.B.
Did you find out if that parking spot is on your property. Where’s the evidence fair warning was given? Where’s the proof a sticker was placed on your car/property, not vehicle, that involves commerce and your car is registered PRIVATE. Anything else happened?
On Thu, 25 Aug 2022, 11:59 am p.p. Tony [Mite’-in-Trust]., <tonymite@hotmail.com> wrote:
From: customer communications
Sent: Tuesday, 23 August 2022 12:27 PM
To: tonymite
Subject: Your claim: Impounded Car from Shop Front CarPark
Hi Tony,
Thanks for your time.
As advised, your vehicle was towed by the Morland Council. Their details are below in blue. They towed your vehicle 5/07/22. You will need to contact them in relation to getting your vehicle back.
Good Morning Jeremy,
Yes Council has impounded the vehicle & did so on the 05/07/2022
We still have the vehicle currently Impounded at Pickles auctions in Tullamarine.
Please let me know what you wish to do with the vehicle as we have not had any contact from
The owner in regards to the vehicle and the vehicle is accruing daily storage fees & is subject to an
Impound fee.
Thank You
Ange Hamilton
Abandoned / Unregistered Vehicle Officer
Thanks
Jeremy
Senior Claims Investigator
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1 Reply
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It sounds like you are gathering all the necessary evidence to put into an affidavit and a three step Non consent Conditional Acceptance process to create an agreement with them, that they did the wrong thing and that they need to compensate you for everything they are putting you through. Here is a question and answer from Mark.
