# Parking and Trespass



## euroDilbert (19 Feb 2006)

Can anyone help with advice over parking :

A new neighbour has started parking in our private car park (attached to a small development). This is not communal parking, but has a small number of spaces owned individually by the apartment owners. There is a general right-of-way, for access, beyond the end of the parking area proper, but parking is not allowed in that part.

What are my legal options (apart from asking him politely not to park there, which I have) - does his action constitute trespass ?
Am I correct in saying that this is a civil law issue, and therefore the Gardaí won't get involved ?

Thanks, eD.


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## bond-007 (19 Feb 2006)

Excatly the Gardai will not get involved unless there is obstruction or behaviour likely to occasion a breach of the peace. 

You would be within your rights to leave a notice on his car advising him that he is tresspassing and that if he continues to park there you will have him clamped. That should frighten him, if not paying €50 a day to be unclamped will.


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## CCOVICH (19 Feb 2006)

I asked about trespass before.  See this thread.

Can you have cars clamped ad-hoc, or do you need to have a contract with a clamping company?


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## bond-007 (19 Feb 2006)

CCOVICH said:
			
		

> Can you have cars clamped ad-hoc, or do you need to have a contract with a clamping company?


No, but it would be better to have a professional do it as you could be held liable for any damage done if the clamp is applied incorrectly. I suppose you would need signage. 

I don't know if a company will come out for a one off clamping. I am sure he will get the message first time.


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## CCOVICH (19 Feb 2006)

bond-007 said:
			
		

> I don't know if a company will come out for a one off clamping. I am sure he will get the message first time.



That's actually what I was asking, not whether or not you could do it yourself.


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## bond-007 (19 Feb 2006)

I can see no reason why you couldn't do it yourself so long as you warned him in advance and you didn't damage his car in the process. You would have to make some stickers/notices telling him not to attempt to move the car with the clamp on. Their is also the risk of confortation/violence when you arrive to remove the clamp. 

You could do it yourself or get the professionals. The choice is yours.


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## CCOVICH (19 Feb 2006)

Yes, _I know you can do it yourself_ and the procedures and risks etc. 

All I wanted to know is will professionals work on a once-off/ad-hoc basis or not.  I think it is unlikely that they would, there is little info on the websites I have looked at.


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## bond-007 (19 Feb 2006)

Make no mistake it will cost the OP money to do it on a one off basis. You can hardly charge the clamped person the €200 or so the company would charge for a call out. But it would probably be worth it to stop the tresspassing.


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## CCOVICH (19 Feb 2006)

bond-007 said:
			
		

> Make no mistake it will cost the OP money to do it on a one off basis. You can hardly charge the clamped person the €200 or so the company would charge for a call out. But it would probably be worth it to stop the tresspassing.



I'd imagine you could charge what you like as long as it is informed to potential offenders in advance.  But as you say, it may be worth it on a one-off basis.  I'd imagine it's a common enough problem in Ireland today.


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## CCOVICH (19 Feb 2006)

euroDilbert said:
			
		

> Can anyone help with advice over parking :
> 
> A new neighbour has started parking in our private car park (attached to a small development). This is not communal parking, but has a small number of spaces owned individually by the apartment owners. There is a general right-of-way, for access, beyond the end of the parking area proper, but parking is not allowed in that part.
> 
> ...



Is this a managed development?  If so, contact the managing agent (if any) and get them to sort it out on your behalf.


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## ClubMan (19 Feb 2006)

Our management agent (under the auspices of the management company of which I and other householders are members) stuck up _"no parking/clamping in operation"_ signs around the estate as a deterrent even though there is no clamping service actually carried out. Of course I'm not sure how much of a deterrent such an all bark/no bite strategy really represents...


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## Max Hopper (19 Feb 2006)

Similar to those amateur-ish signs declaring speed limits?


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## CCOVICH (19 Feb 2006)

ClubMan said:
			
		

> Of course I'm not sure how much of a deterrent such an all bark/no bite strategy really represents...



Very little, if what I have observed in our development is representative of what goes on elsewhere (however we are in close proximity to a DART station that seems to have a catchment area of the entire greater Northside). 

Actually introducing clamping is the only way to go.  But even residents disobey the rules they signed up to, and the next move will be to clamp residents who park illegally/inappropriately.  People suck......(this is LoS territory so I'll say no more).


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## euroDilbert (20 Feb 2006)

CCOVICH said:
			
		

> Is this a managed development? If so, contact the managing agent (if any) and get them to sort it out on your behalf.


 

It's very small - so we manage it ourselves, hence my request for further information/legal advice.

Re - Clamping.

There are some places around here which have clamping signs up. I assume that the cost of a call-out is not charged to the residents, but is recouped from any 'release fee' charged.


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## CCOVICH (20 Feb 2006)

euroDilbert said:
			
		

> Re - Clamping.
> 
> There are some places around here which have clamping signs up. I assume that the cost of a call-out is not charged to the residents, but is recouped from any 'release fee' charged.


 
The cost of a call out is covered by the annual fee I presume payable to clampers.  As bond-007 says, the cost for a once off call out could be quite high.  You can of course attempt to recover this from the offender, but I'm not sure how ir works, i.e. would you have to advertise the release fee as €200, as opposed to €80, or whatever.

I would advise giving the clamping companies a call and see what they can do for you.  Would everyone on your development be willing to contribute to the cost of hiring clampers?


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## extopia (20 Feb 2006)

You could try letting the air out of his tyres. Cheaper for him, cheaper for you, and he'll probably get the message.


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## euroDilbert (20 Feb 2006)

extopia said:
			
		

> You could try letting the air out of his tyres. Cheaper for him, cheaper for you, and he'll probably get the message.


 
I would be worried that that could easily degenerate into some form of 'tit for tat' war - I would prefer to sort things out in some form of reasonable manner.

Referring to my original question, I would still like know - is 'trespass' involved, and what are our legal remedies ?


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## CCOVICH (20 Feb 2006)

euroDilbert said:
			
		

> IReferring to my original question, I would still like know - is 'trespass' involved, and what are our legal remedies ?


 
Did you look at my previous post on the topic and the legal definition provided by RainyDay in that thread?


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## bond-007 (20 Feb 2006)

You legal remedy would be to seek an injunction to stop him parking on your land. Should he fail to comply imprisonment would follow.


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## euroDilbert (20 Feb 2006)

CCOVICH said:
			
		

> Did you look at my previous post on the topic and the legal definition provided by RainyDay in that thread?


 
I did indeed, thanks - but it didn't really give me a definitive answer (as a previous poster used to say - IANAL).

I will probably have to consult our solicitor anyway, but just wanted to get some idea of the legal situation first.


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## CCOVICH (20 Feb 2006)

Yes, ultimately a solicitor will have to be consulted, as if it isn't clear, it will need legal interpretation.  Maybe one of the solicitors who contribute will post in due course?  This is something I am interested in myself.

But then again, definitve answers to legal queries are hard to come by.........


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## euroDilbert (21 Feb 2006)

The informal legal advice I have received (from a friend who is a solicitor) now indicates that it is trespass. The legal remedy, as bond-007 says, is an injunction. That would be a last resort.

CCOVICH - your situation may vary, as in our case the parking area in question is, very clearly, privately owned.


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## CCOVICH (21 Feb 2006)

euroDilbert said:
			
		

> CCOVICH - your situation may vary, as in our case the parking area in question is, very clearly, privately owned.


 
???

As is ours, it's a private development, there are signs clearly stating that parking is for residents only, there is no right of way through our developemnt, and we have since had gates installed, and people still infringed.


The management company owns the common area, all owner occupiers are members of same, so all have joint ownership.

Am I missing something, or are you just giving a _caveat_?


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## euroDilbert (21 Feb 2006)

CCOVICH said:
			
		

> Am I missing something, or are you just giving a _caveat_?


 
I was just being cautious. Your original posts didn't clarify what you meant by 'private' in this context. Private developments often have public roads etc. passing through them.


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## CCOVICH (21 Feb 2006)

Ok thanks.  No, there is no public road or right of way through our development.

Best of luck getting your problem sorted.  I'm sure many of us would appreciate hearing what the outcome is, so please post back.


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## CharlieC (23 Feb 2006)

Can you use the sticker on side window method?
What are the legalities of this


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