[200William-EC SP67851] Violation of parking by Pack and Send

Rob Willett rob at robadda.com
Thu Jun 26 10:39:46 EST 2014


Good news, there is nothing in the minutes of the last BMC meeting so anything we discussed was off the record. 

The conversation took place, raised by me, that P&S were parking illegally in the car park. Andrew Veron said they were entitled to one spot and that he was willing to give them his spot. In my earlier communications today I was confused with car wash and commercial spot. I assumed the car wash was the commercial spot. 

The wash-up ( pardon the pun ) is they have one spot to use, which based on what you are saying, is the commercial spot donated to them by Andrew Veron. He agreed not to use the spot for his use, in fact, I recall now that he stated he "never parked there anyway". 

So they have one spot. We can kick them out of the wash bay ( I assumed wash bay was the commercial spot on previous emails ) 

I hope I have “explained myself”. 

















On 25 Jun 2014, at 6:29 pm, Matt Perkins <matt at spectrum.com.au> wrote:

> Hi Rob,
>  They are not parking in the visitor's spots they are parking in the wash bay. The wash bay is not owned by the commercial strata. It's owned by the BMC. So it's there for the use of both commercial and residential strata. 
> 
> Maxine Indicates that at the BMC meeting you and Andrew authorized pack and send to park in the wash bay. Effecitivly giving the wash bay away. (we cant use it now they are there 6 days a week) I attempted to wash my car the last 3 Saturday's and have been unable due to them taking up the space. 
> 
> I think it would be useful if you explain to the members of the EC why our share of the wash bay has been given to pack and send.  Brook especially is very upset by them using it. The EC need to understand that P&S have permission to use the wash bay and the rational behind that decision. 
> 
> Matt.
> 
> 
> 
> On 26/06/2014 10:09 am, Rob Willett wrote:
>> We did not approve 2 swipes. Did not. 
>> 
>> They were granted approval by the commercial side ( Andrew Veron ) to park 1 car in the wash bay as that is owned by the Commercial side. This was only discussed at the last BMC meeting in April. I only agreed to it when Andrew advised the Commercial side owned the space, so technically I had no choice but to approve as the commercial side has every right to determine who parks in their spot. So from my point of view, they get 1 swipe.
>> 
>> But we definitely did not approve them to have more than one car and certainly not to use the visitors spots which is what they are now doing. 1 swipe. 
>> 
>> Having said that, Andrew Veron was in agreement that if they abuse the privilege by parking in other spots they are not entitled to, he would deal with it accordingly. 0 swipes. 
>> 
>> My suggestion is Maxine write the note to them warning them not to park again in any visitors spots. Warn them that if they do they will be barred from parking in the car park completely. And advise them we are cancelling the second swipe. 
>> 
>> In the meantime I will email Andrew and let him know they are abusing the privilege so he is forewarned that we may need to cancel the swipe altogether. 
>> 
>> I am not sure who approved a second swipe though. They have 1 spot they can use. they should have 1 swipe only. If they want another spot for their business, let them rent it and pay for it. 
>> 
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>> On 25 Jun 2014, at 5:49 pm, Matt Perkins <matt at spectrum.com.au> wrote:
>> 
>>> That was never put before the EC  by our BMC representative. 
>>> 
>>> Maxine when was this approved. It must have been last year as it was not approved by me. 
>>> Rob can you please advise your reasoning behind granting permission for P&S to use the wash bay as parking.
>>> 
>>> Matt
>>> 
>>> 
>>> 
>>> On 26/06/2014 9:44 am, Maxine Wickey wrote:
>>>> Hi Matt, they have been approved the parking in the washbay by the BMC.
>>>>  
>>>> Kind Regards,
>>>>  
>>>> Maxine Wickey
>>>> Strata Manager
>>>>  
>>>> <Mail Attachment.jpeg>
>>>>  
>>>> <Mail Attachment.png>   <Mail Attachment.jpeg>   <Mail Attachment.png>   <Mail Attachment.jpeg>    
>>>>  
>>>> t:   (02) 9266 2600
>>>> www.stratatitle.com.au
>>>> www.stmplus.com.au
>>>>  
>>>> Emailed Communication / Documents Disclaimer
>>>> For STM’s full disclaimer please visit – http://www.stratatitle.com.au/privacy.asp
>>>>  
>>>> Important Notice:  Owners should be aware that all correspondence, including letters, facsimile transmissions and emails are retained on the file of your scheme and may be subject to inspection by owners and residents within your scheme, as well as prospective purchasers for any lot that may be for sale within your scheme. As such author discretion is advised.
>>>>  
>>>> From: Matt Perkins [mailto:matt at spectrum.com.au] 
>>>> Sent: Thursday, 26 June 2014 9:42 AM
>>>> To: Maxine Wickey; ec at 200william.com
>>>> Subject: Re: [200William-EC SP67851] Violation of parking by Pack and Send
>>>>  
>>>> I have photos from most days last week of them parking in the wash bay.  I have never ever seen them park in their spot. It's allays a black FWD.
>>>> 
>>>> Matt.
>>>> 
>>>> 
>>>> On 26/06/2014 9:35 am, Maxine Wickey wrote:
>>>> Hi Matt,
>>>>  
>>>> I can issue them with an another breach of by-law notice on behalf of the residential strata plan.
>>>>  
>>>> I did speak with a lady this morning as Danny (the manager) was in a meeting and they advised that they only moved the vehicle to the visitors carspace as a tradesperson required access to do some work.  I advised that I understand this may be the case however they should not have parked in the visitors carspace as this belongs to the Residential building, they should have parked outside – they are not a visitor.
>>>>  
>>>> Cancelling the second swipe would need to be resolved by both BMC reps.
>>>>  
>>>> Kind Regards,
>>>>  
>>>> Maxine Wickey
>>>> Strata Manager
>>>>  
>>>> <Mail Attachment.jpeg>
>>>>  
>>>> <Mail Attachment.png>   <Mail Attachment.jpeg>   <Mail Attachment.png>   <Mail Attachment.jpeg>    
>>>>  
>>>> t:   (02) 9266 2600
>>>> www.stratatitle.com.au
>>>> www.stmplus.com.au
>>>>  
>>>> Emailed Communication / Documents Disclaimer
>>>> For STM’s full disclaimer please visit – http://www.stratatitle.com.au/privacy.asp
>>>>  
>>>> Important Notice:  Owners should be aware that all correspondence, including letters, facsimile transmissions and emails are retained on the file of your scheme and may be subject to inspection by owners and residents within your scheme, as well as prospective purchasers for any lot that may be for sale within your scheme. As such author discretion is advised.
>>>>  
>>>> From: Matt Perkins [mailto:matt at spectrum.com.au] 
>>>> Sent: Thursday, 26 June 2014 9:18 AM
>>>> To: ec at 200william.com; Maxine Wickey
>>>> Subject: Re: [200William-EC SP67851] Violation of parking by Pack and Send
>>>>  
>>>> I agree we should switch of the card. Here's the thing however. They are nothing to do with us. They are a commercial tenant. In the commercial Strata. Im not sure we have any rights to turn of anything. By all means I think we should give it a go. But when it comes down to it.  They have a parking space on the commercial strata plan. We cant stop them getting access to it.  The fact that they are parking on our strata plan using the access via their card is at most just an aid to them trespassing. 
>>>> 
>>>> I have no idea how we stop them doing this or even if the tribunal will even assist us. This may be just a civil matter. 
>>>> 
>>>> Maxine would you please advise our options. If turning off there access is not an option to us or simply gets reversed.   
>>>> 
>>>> Matt.
>>>> 
>>>> 
>>>> 
>>>> 
>>>> On 26/06/2014 8:34 am, Barney Kitay wrote:
>>>> I agree we should cancel any parking access over the 1 they have for a parking bay.
>>>> Let them take their best shot to convince a tribunal we are being unfair…
>>>>  
>>>>  
>>>>  
>>>> Kind regards
>>>>  
>>>> Barney 
>>>> M  +61 (0)400 200 446 
>>>> E   barnet at kitays.com
>>>>  
>>>> From: ec-bounces at 200william.com [mailto:ec-bounces at 200william.com] On Behalf Of Rob Willett
>>>> Sent: Thursday, 26 June 2014 4:51 AM
>>>> To: ec at 200william.com ec at 200william.com
>>>> Cc: Maxine Wickey
>>>> Subject: [200William-EC SP67851] Violation of parking by Pack and Send
>>>>  
>>>> Hi Brook, 
>>>>  
>>>> Thanks for making all of us aware of this issue. Clearly these guys are taking the piss now and you’re right, we need to take action. Same applies to the massage parlour. Time for action. 
>>>>  
>>>> I don’t know about you but I paid a lot of money for my spot when I purchased it and I know what parking space cost is along the William St area, it’s worth a lot. So I cannot see why a business like theirs can park willy-nilly and expect not to pay for it. Time for them to take responsibility for their actions and stop making everyone else pay for them. 
>>>>  
>>>> George, is it possible to de-activate the fob immediately for these people. If they have an issue with it, let them take the action they think they need to, meanwhile I don’t think they should be abusing the parking spots at our expense. 
>>>>  
>>>> Let me know if everyone agrees. 
>>>>  
>>>> Maxine, can you please advise what action we can take. Let’s go down the path of stopping these people and make them pay. I would appreciate your urgent advice so this issue with Pack n Send does not drag on any longer. 
>>>>  
>>>> The same applies to the Massage Parlour. Does anyone know if they still use the bathrooms as a laundry? I think there was also an issue of them cooking there at one point. Is that still the case? I think we also had an issue with the signage at one point. Cheapens the whole look of the building. 
>>>>  
>>>> Time for action, I am happy to be the one who pursues both of them. No problem. 
>>>>  
>>>> Thanks, ROB
>>>>  
>>>> <Mail Attachment.jpeg>
>>>> 
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>>>> On 25 Jun 2014, at 1:54 am, Brook Beves <brookbeves at bigpond.com> wrote:
>>>> 
>>>> 
>>>> 
>>>> 
>>>> Dear Rob and committee
>>>> 
>>>> Rob your intuition that the commercial tenant (namely Pack and Send) would abuse the parking spaces if they were given an additional swipe card is absolutely correct. Their "promise" that they would only park one car at a time is as false as they are belligerent.
>>>> 
>>>> Not only did we have months of them parking every day in the visitors spaces (until we de-activated the additional swipe card they were holding) they are now resorting to parking their van every day in the vehicle washing bay area on level P3.  So much for their sincere promise of not abusing the additional swipe card to access the parking area. Today they just parked their van in a visitors bay.
>>>> 
>>>> This tenant and its landlord is clearly laughing at us all full well thinking there is little we can do about it.
>>>> 
>>>> This is clearly a breach of By Laws and immediate action should be taken informing the tenant in writing to desist from this practice (with a copy of the notice to the Landlord).  Failing their compliance                               (which I doubt they will do) I am quite happy (if authorised by the EC) to take the matter immediately  to the Strata Titles Tribunal to obtain penalties and costs.
>>>> 
>>>> In the meantime, there is no reason why we cant de-activate the second swipe card they were recently given, and let them run to the STT to have it reinstated.
>>>> 
>>>> Brook
>>>>  
>>>> 
>>>> 
>>>> 
>>>> 
>>>> _______________________________________________
>>>> EC mailing list
>>>> EC at 200william.com
>>>> http://200william.com/mailman/listinfo/ec
>>>> 
>>>> 
>>>> 
>>>> -- 
>>>> /* Matt Perkins 
>>>>         Direct 1300 137 379     Spectrum Networks Ptd. Ltd. 
>>>>         Office 1300 133 299     matt at spectrum.com.au 
>>>>                                 Level 6, 350 George Street Sydney 2000
>>>>         SIP 1300137379 at sip.spectrum.com.au
>>>>         PGP/GNUPG Public Key can be found at  http://pgp.mit.edu 
>>>> */
>>>> 
>>>> 
>>>> -- 
>>>> /* Matt Perkins 
>>>>         Direct 1300 137 379     Spectrum Networks Ptd. Ltd. 
>>>>         Office 1300 133 299     matt at spectrum.com.au 
>>>>                                 Level 6, 350 George Street Sydney 2000
>>>>         SIP 1300137379 at sip.spectrum.com.au
>>>>         PGP/GNUPG Public Key can be found at  http://pgp.mit.edu 
>>>> */
>>> 
>>> -- 
>>> /* Matt Perkins 
>>>         Direct 1300 137 379     Spectrum Networks Ptd. Ltd. 
>>>         Office 1300 133 299     matt at spectrum.com.au 
>>>                                 Level 6, 350 George Street Sydney 2000
>>>         SIP 1300137379 at sip.spectrum.com.au
>>>         PGP/GNUPG Public Key can be found at  http://pgp.mit.edu 
>>> */
>>> _______________________________________________
>>> EC mailing list
>>> EC at 200william.com
>>> http://200william.com/mailman/listinfo/ec
>> 
>> 
>> 
>> _______________________________________________
>> EC mailing list
>> EC at 200william.com
>> http://200william.com/mailman/listinfo/ec
> 
> -- 
> /* Matt Perkins 
>         Direct 1300 137 379     Spectrum Networks Ptd. Ltd. 
>         Office 1300 133 299     matt at spectrum.com.au 
>                                 Level 6, 350 George Street Sydney 2000
>         SIP 1300137379 at sip.spectrum.com.au
>         PGP/GNUPG Public Key can be found at  http://pgp.mit.edu 
> */

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