Person living in van in my car parking space

hellotheremary · 15-01-2020 07:58PM #1

Really long story short:

1. I rented out my parking space (off Facebook marketplace) to a guy who told me he was a builder and needed it to store stuff as he does work in the city center. It's a big van and I thought no more of it. He set up a direct debit and money was coming through.

2. He had some issues paying over XMAS and sent me some weird messages about dealings he had with the bank. I didn't think twice as the money came through but felt something was a little off. (I rarely walk past where the van is parked so never really knew how often it was there or not)

3. This morning I got a call from the management company to say that presumably he has been living in it as they had a report from the police. (It's a big van with no windows at the back)

4. I rang the guy and he didn't confirm or deny but he told me he was down there and a gardai was speaking to him who lives in the complex. I got the feeling he knew something was up. I recorded the conversations I had with him.

5. My gut is telling me that a gardai lives here and maybe recognized him as a known criminal and put two and two together. I can't say for certain.

6. I called down to the Gardai station and they advised me to give him opportunity to get the van out this evening and give him his money back for Jan.

7. I called the guy and told him to be gone by 10 p.m and I will give him money back. He said he is arranging currently and was probing me as to my conversation with the guards. (This is how I have a feeling he is known to police.)

8.. The Gardai said to call them if he's not gone by 10 p.m. At this stage it's not a criminal matter to them - it's more for health and safety. If this guy has been living there (which he didn't deny) - I wonder where he has been using the bathroom etc.

Obviously I am not going to meet him in person and will transfer money to him electronically if he wants it back. I don't think I will answer the phone to him again this evening and wait for daylight to check if it's gone or not and checkin with the Gardai tomorrow.

Question 1: We'll have to see how it all pans out but I am wondering what are the legalities here? It's private property and I don't have a tenancy lease with him - just a parking space agreement. I made him confirm digitally and have screenshots of the ad and all my interactions with him. Where does the law stand on this? If he is a criminal and has done any damage will I be liable?

Question 2: Any advice on what to do if the van isn't gone tomorrow? I am not going to go down and check in dark tonight - could be dangerous. Stick with what the police told me and call them?

colm_mcm · 15-01-2020 08:01PM

I would suggest that you don’t own the parking space, you have use of it.

listermint · 15-01-2020 08:07PM

What makes you think this guy is a criminal?

You are surely aware that the cost of rental in Dublin is insane. People are actually living in vans now.

Yes he might be sleeping in it and going off to work daily like any other person.

I'd suggest it's against your management companies rules so yes he has to go. But the notion you are putting out about criminal activity doesn't really fit.

Go down chat to him with a friend or two friends and make sure he heads on and hand him his Money back or tell him it's on route via the bank.

hellotheremary · 15-01-2020 08:26PM

1. I do own the space and the property.

2. Well from the information I have been given a Gardai did speak to him before today and when I told him I had been speaking to the Gardai - he got very worried and told me he "called his solicitor" which was a bit of a "lady doth protest too much" reaction from him given I was calm to him on the phone and told him I needed the van gone.

dubrov · 15-01-2020 08:28PM

I can tell you if he was a criminal he wouldn't be threatening to contact his solicitor.

hellotheremary · 15-01-2020 08:44PM

Well I reckon he was calling my bluff as he didn't know if he is in much trouble. The whole situation is so bizarre.

Marcusm · 15-01-2020 09:21PM

hellotheremary wrote: »

Well I reckon he was calling my bluff as he didn't know if he is in much trouble. The whole situation is so bizarre.

He’s not in any trouble if the car park is on private land although you might be in breach of your lease. Clearly no-one should live in a van but if it’s in private land it’s a matter for the owner/occupier of the land and the planning authority. Clearly if a garda lives in the development and becomes aware of the situation he will try to move the person on but no criminal act has been undertaken.

By contrast, you have allowed (relatively) unfettered access to a non-resident and have not even taken a modicum or effort to establish what is actually happening. A residential car park is not a place to store a non-resident’s van with lots of materials. Is it underground? Did you establish that there would not be any corrosive or flammable materials?

15-01-2020 09:27PM

If I've learned anything from boards.ie
Which I have.
A single man living in a van is probably a pedo.

ghost of ireland past · 17-01-2020 06:57PM

hellotheremary wrote: »

...
4. I rang the guy and he didn't confirm or deny but he told me he was down there and a gardai was speaking to him who lives in the complex. I got the feeling he knew something was up. I recorded the conversations I had with him.
...

You almost certainly breached his data protection rights if you didn't tell him you were recording. You have a business relationship with him.

I don't think you can infer that he's known to police, or that he's a criminal. It's possible he might feel as if he's doing something wrong by living in the van, and that's why he's nervous. Or he might be embarrassed about living in a van, when talking to someone who lives in a house.

You mentioned the management company got a report from the police. What was that about?
Is it the Garda who lives there and he's acting in an unofficial capacity?, or is there official involvement from the police?

It seems it's the resident Guard who doesn't like that there's a guy living in a van in the car park, and he's asking questions about it. It is understandable but everyone has to live somewhere. This guy appears to have no home.

johneym · 20-01-2020 12:14AM

I had to live 5 weeks once in an estate car. The embarrassment and shame was bad enough but the looks and prejudice I got from people, Ill never forget. For all our colourful past history, we have as a society not learned simple empathy.

Dank Janniels · 20-01-2020 12:32AM

"But whatabout the homeless?"

Person living in van in my car parking space

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