# Moving illegally parked cars



## markpb (23 Feb 2010)

I'm a director of my management company and we have a huge problem with illegally parked cars. We've tried clamping but so many of the clamps were removed that the clampers walked away. We've had at least one incident lately where a fire tender couldn't access a car park because of cars parked on double yellow lines. 
It's a private/gated estate so the local authority cannot help so I'm thinking about hiring a towing company to move cars which are blocking fire access. Am I looking for trouble?

Thanks in advance.


----------



## ontour (23 Feb 2010)

You could get the stickers that they have in hospitals to put on the side window of the car warning the owner that they can not park in that area.  

If it is possible to identify the units that own the offending cars, a monetary penalty could be assigned.  The first thing to do is to send a communication to all residents and owners that their actions are causing serious safety issues, citing the example of the fire engine, and informing them that serious action will have to be taken if the behaviour does not change.  You could put a picture of a car crusher on the communication !

Is the problem a lack of parking or unassigned spaces?  Is there any way for the management company to improve the available parking to reduce the need for illegal parking?


----------



## donee (23 Feb 2010)

i live in D4 and we have a huge problem with on street parking, because of all the apt's built in recent years. i went to my local Garda station to complain but got no joy, but i suggested to the Garda about putting stickers as 'ontour' suggests and the GARDA said that i could get into trouble for doing it, something about damaging of property or something


----------



## JoeB (23 Feb 2010)

Did the fire engine tow the car out of the way?, or drive though it?... as I believe they can if they wish.

If cars are parked illegally, on private land, then call the Guards.. but damaging the cars could get you into trouble.

Were the clampers not able to prosecute owners who removed clamps? Or did the clampers consider themselves lucky that they themselves were not prosecuted for intefering with private property?

Have you sought legal advice?


----------



## Yorrick (24 Feb 2010)

As a Director you have several responsibilities and duties under the law. One of those duties is to comply with legislation such as the Health, Safety and Welfare at Work Act.  You are aware that illegal parking is occurring and may be a cause of hindrance to the Fire Service. As such you are bound to do something about the problem.
I would suggest that all residents/ landlords be notified in writing that as and from a specified date illegal parking will be dealt with by means of towing away offending vehicles. This service does not come cheap and will be reflected in higher management fees. 
I don not see any other way around this.  
If you do nothing the Management Company and Directors are at fault in the event of a serious incident.


----------



## markpb (24 Feb 2010)

JoeBallantin said:


> Did the fire engine tow the car out of the way?, or drive though it?... as I believe they can if they wish.



They squeezed one past and gave up trying to get the other past. Thankfully it wasn't a major fire so the second one wasn't needed. They've obviously not happy with the situation though.



> If cars are parked illegally, on private land, then call the Guards.. but damaging the cars could get you into trouble.



The Gardai aren't interested. They say it's our (the mgt co's) private land but the owners private car so it's a civil matter.



> Were the clampers not able to prosecute owners who removed clamps? Or did the clampers consider themselves lucky that they themselves were not prosecuted for intefering with private property?



They weren't able to prosecute because although the clamps were removed, they had no proof that the owner of the car removed it.



Yorrick said:


> If you do nothing the Management Company and Directors are at fault in the event of a serious incident.



That's what I'm afraid of - I'm terrified of a bad situation happening. We have a board meeting tonight, I'll discuss towing with the others and seek legal advice.


----------



## shesells (25 Feb 2010)

Can you identify the owners of the cars? If the same culprits are routinely responsible you could send a solicitors letter for breach of lease (our prohibits blocking/impeding access to units or the development).


----------



## Seagull (2 Mar 2010)

Is it worth investigating having the cars lifted rather than clamped? You might find a company prepared to do that, as there will be no problem about their property being damaged.


----------

