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no parking!

  • 26-05-2010 9:10am
    #1
    Registered Users, Registered Users 2 Posts: 51 ✭✭


    im in the last row of the park and since the double lines went in I cant park now outside my house because of extra cars! surely people had their own spaces even having lost the roadside spaces further down:mad:


Comments

  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭matt-dublin


    You Would need to check with you management aganets, and the contracts you signed as to where your parking spaces are.

    be careful about parking in the crescent as well as you get stickered and eventually clamped if spotted enough if you don't live there.


  • Registered Users, Registered Users 2 Posts: 397 ✭✭sysconp1


    Blame the idiots who don't care where they park and cause mayhem in Charlesland. Personally if I see one of those idiots parked dangerously on corners/bends and on double yellows I will report them and get them clamped. There is no excuse for their stupidity.
    I can sympathise with folks that can't park in front of their own houses, but when there are 3 or 4 cars to one house they should be making alternate arrangements instead of making the area dangerous and unsightly.


  • Closed Accounts Posts: 11,221 ✭✭✭✭m5ex9oqjawdg2i


    sysconp1 wrote: »
    Blame the idiots who don't care where they park and cause mayhem in Charlesland. Personally if I see one of those idiots parked dangerously on corners/bends and on double yellows I will report them and get them clamped. There is no excuse for their stupidity.
    I can sympathise with folks that can't park in front of their own houses, but when there are 3 or 4 cars to one house they should be making alternate arrangements instead of making the area dangerous and unsightly.

    What is the number you use to report? Up our end there are two cars parked on double yellow lines about 15 yards from car park spaces, and there is plenty of them. Nearly had a crash one day because of this laziness...


  • Registered Users, Registered Users 2 Posts: 397 ✭✭sysconp1


    Obviously folks around Charlesland don't pay any attention to the double yellows that are there for safety and so if you need the details of the clampers here they are:

    Phone: 0818 555 000

    This is an automated service and you don't have to leave any personal details. Simply press number 5 when prompted and give the reg number of the car and its location. The clampers will do the rest!

    Hopefully these inconsiderate folks will get the hint after their first €120 fines start appearing. Learn to park properly or suffer, don't expect everyone else to avoid your stupidity.

    My girlfriend almost ran over a child yesterday due to one of these idiots parking on a double yellow. Help keep Charlesland a safe and pleasant place to live.


  • Closed Accounts Posts: 11,221 ✭✭✭✭m5ex9oqjawdg2i


    The annoying thing is that there are spare parking spaces all over the places. There are plenty of parking spaces. People park on double yellow lines only 15 yards from plenty of spare parking spots, just so they can be outside their house???


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  • Registered Users, Registered Users 2 Posts: 332 ✭✭eleMental


    i know, its hilarious how lazy people are!!! my neighbour actually parks his car right up on pavement outside their front door if there isnt a space RIGHT outside their house, even if theres plenty of room 10 metres further up.....:D


  • Registered Users, Registered Users 2 Posts: 154 ✭✭amy1plus2


    This really pi**es me off, parking on the footpath. On many occassions I have had to walk out on the road with a double buggy and young child on a bike cos of lazy idiots like this. If it was any easier for me I would walk the buggy and the bike through their garden and flowers.
    I dont think the clampers respond to Charlesland Grove & Park, I think the lines are merely there to point out where the dangerous areas are?


  • Registered Users, Registered Users 2 Posts: 332 ✭✭eleMental


    yep i think thats right (for the grove and park). i asked over in the mgmt company about what exactly the yellow lines meant and katie said that for now theyre really just to discourage people from parking on them and that if people continue to do so THEN theyll enforce clamping etc. there may be some update from this since the AGM (i wasnt there)?


  • Registered Users, Registered Users 2 Posts: 397 ✭✭sysconp1


    There has been a <<snip>> parked on the yellow lines on the corner of Charlesland Park for quite a few evenings. The clampers were advised on 3 seperate occasions and nothing was done. So it seems as though the management company are just wasting their (our) money painting these lines, as they offer no discouragement whatsoever. The clampers can't be bothered as it is too awkward for them to drive out from Dublin. So I guess everyone can park wherever they want. Then if there is an accident we will have to sue the management company for not enforcing anything as they have been advised.

    A poor state of affairs, but what do you expect really?


  • Registered Users, Registered Users 2 Posts: 1,578 ✭✭✭ciaran67


    Maybe leave a note on the windscreen saying clampers have been contacted please dont park here? Some people really live in a bubble and have no idea how they are annoying others.

    When i lived in Canada we had a bloke start his huge truck every morning to warm it up for about 30 minutes. It was really irritating and i left a note on his windscreen asking him to stop cos of the noise at 5am was a bit much... he stopped and never did it again.


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  • Registered Users, Registered Users 2 Posts: 24,537 ✭✭✭✭Cookie_Monster


    bear in mind that you do not own the space on the road outside your house so anyone can park there as long as there are no lines and they are not blocking your drive access.

    Also only the state has legal power to clamp your car, if you are clamped by one of these companies you can cut the clamp off and they only thing they can do is try and get you for criminal damage to the clamp. but since they operate in a very grey area they won't do this anyway, especially if there is no proof you did it.


  • Registered Users, Registered Users 2 Posts: 397 ✭✭sysconp1


    Just to clarify...

    These bubble folk, are parking on bends on double yellow lines in a clearly marked "do not park or you will be clamped" area. This is not vindictive and is aimed at protecting life and property. Already there have been a number of near misses involving children, that have been caused by this stupid parking. So I say, if they can't get it in their head to park properly, give them a costly incentive, they will soon learn!


  • Registered Users, Registered Users 2 Posts: 1,578 ✭✭✭ciaran67


    sysconp1 wrote: »
    Just to clarify...

    These bubble folk, are parking on bends on double yellow lines in a clearly marked "do not park or you will be clamped" area. This is not vindictive and is aimed at protecting life and property. Already there have been a number of near misses involving children, that have been caused by this stupid parking. So I say, if they can't get it in their head to park properly, give them a costly incentive, they will soon learn!

    Im not making excuses for them just thinking maybe a different strategy might get the point across. It will take a child to be knocked over before the yellows are enforced.


  • Registered Users, Registered Users 2 Posts: 9,936 ✭✭✭LEIN


    I understand that illegally parked cars can cause problems but please don't name and shame on a local public forum as this can cause problems.

    One post has been edited to remove personal information on a parked car any more will be deleted and the thread will be closed.

    Thanks

    Damo


  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭matt-dublin


    bear in mind that you do not own the space on the road outside your house so anyone can park there as long as there are no lines and they are not blocking your drive access.

    Also only the state has legal power to clamp your car, if you are clamped by one of these companies you can cut the clamp off and they only thing they can do is try and get you for criminal damage to the clamp. but since they operate in a very grey area they won't do this anyway, especially if there is no proof you did it.
    This is not true.

    Charlesland is on private property, as the owner of the property the management companies have the right to do this.

    The state, or county councils and local authorities can issue licenses to clamping companies to enforce parking resrictions in public areas only.

    You need to get your facts straight before making statemens like that, which could leave you liable for costs based on the advice you gave people here on the board.

    Cutting off the clamp will also leave you liable for destruction of private property and liable for potential loss of revenue until the clamp has been replaced.


  • Registered Users, Registered Users 2 Posts: 59 ✭✭Tiradon


    I would be highly sceptical that you could get held liable for costs based on advice you give on a public forum, although not being a lawyer that's only an opinion. Besides, for someone to do something, without first checking the legality of it, and then proceed use the defence that they were told it was okay on a message board, they have bigger problems than someone clamping their car :rolleyes:.


  • Registered Users, Registered Users 2 Posts: 24,537 ✭✭✭✭Cookie_Monster


    This is not true.

    Charlesland is on private property, as the owner of the property the management companies have the right to do this.

    Still publicly accessible land though. No one expect the state has the legal right to deny you use of your property regardless, which is what the clampers are doing. Remember there are no laws at all regarding private clamping hence the grey area.

    Search C&T or Motors forum, its come up many many times.
    Or just park properly so it's not an issue :)


  • Closed Accounts Posts: 3 catlover1


    Hi there

    I totally agree about not parking on the bend as it's clearly dangerous at the end of charlesland park where you've all been giving out about

    There are 6 duplexes there on the bend with the yellow lines outside them (mine being one) and I used to always park at the top either on the left or right hand side

    Now though, there is a sign up on the left hand side saying parking only for apt's (354 - 359) and on the right hand side, they'll clamp if you park as technically it's belong to the crescent.

    There are other car spaces just before you go round the bend outside another row of houses but it's unusual to get a space and as you can see from another person that posted that they are angry when they cannot park outside their house and so they too are also having trouble finding a space.

    So where do we (the 6 duples's on the bend) park without causing all of the upset? :rolleyes: We were told when we moved in that it was free parking and now everyone is claiming space as their own ..

    All suggestions welcome and in the meantime, it looks like first come, first served for parking! So far I'm losing that battle


  • Registered Users, Registered Users 2 Posts: 140 ✭✭Car2318


    Catlover1

    I know exactly where and what you are talking about as I have the pleasure of taking that bend very very wide each evening....although it has improved since the double yellow lines came.

    And I do sympathise with your new problem

    As far as I see it unless its a driveway or a marked parking spot its open for all........providing its not causing obstruction, hazard etc

    So in your case how about the top of the spine road - the straight section in front of the Crescent green?

    Or further into the last section of the Park (past those now numbered duplexes) - it is busy but there is always a free spot. People can't expect to have one car in their driveway and then the spot opposite their house to be free at all times too. That's being unrealistic.

    I can't believe they clamp in the crescent as they always have free spots

    Finally what was the guy in the red bmw doing at the weekend (crescent section) by parking over 2 spots with a motor bike in one..................ridiculous!

    Best of luck with it


  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭matt-dublin


    something to do the guy who parked his motorbike outside his block for three weeks in a row without moving it and his landlord hasn't paid his management fees in 5 years.


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  • Registered Users, Registered Users 2 Posts: 93 ✭✭caji


    What is the Gardai's take on fining/clamping people that park illegally in the estate?

    Surely they can clarify??


  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭matt-dublin


    The management companies have the right to do it legally. Hence why it's implemented in estates all over the country.

    The gardai can't issue road traffic offences in charlesland as it's private property


  • Registered Users, Registered Users 2 Posts: 7,025 ✭✭✭d'Oracle


    This is not true.

    Charlesland is on private property, as the owner of the property the management companies have the right to do this.

    .

    Really?
    Good lord that doesn't sound good at all.


  • Registered Users, Registered Users 2 Posts: 93 ✭✭caji


    Why are the management companies not doing what we pay them for???


  • Registered Users, Registered Users 2 Posts: 24,537 ✭✭✭✭Cookie_Monster


    The management companies have the right to do it legally. Hence why it's implemented in estates all over the country.

    no they don't. as I've previously said they have no right what so ever to block you from use of your private property (vehicle). while the estates are privately owned they are still publicly accessible areas where laws of the state apply. Search motors forum for it.
    you are also fully entitled to be invoiced for it and have you car unclamped before paying, not that any of those companies would ever comply with that.

    If it is 100% legit why do you never see court action by the companies against individuals who simply cut clamps off? They know the area is dodgy and will not draw any judicial attention to it so the can continue to do what they want.

    Scotland has banned it, time we did too.


  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭matt-dublin


    Think u need to back up your statements there!


  • Registered Users, Registered Users 2 Posts: 24,537 ✭✭✭✭Cookie_Monster


    Think u need to back up your statements there!

    no, I don't.

    here one example from today.

    there are many more on the same forum, do your own search.

    Edit: from that very thread. only state run clampers have that "lawful authority"
    Might I refer you to the following:

    Road Traffic Act 1961:
    113.—(1) A person shall not, without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle while it is stationary in a public place, or get on or into or attempt to get on or into the vehicle while it is so stationary.
    [GA]
    (2) A person who contravenes subsection (1) of this section shall be guilty of an offence.
    [GA]
    (3) Where a member of the Garda Síochána has reasonable grounds for believing that a person is committing an offence under this section, he may arrest the person without warrant.
    [GA]
    (4) This section shall not apply to a person taking, in relation to a mechanically propelled vehicle which is obstructing his lawful ingress or egress to or from any place, such steps as are reasonably necessary to move the vehicle by human propulsion for a distance sufficient to terminate the obstruction.
    [GA]
    (5) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that, when he did the act alleged to constitute the offence, he believed, and had reasonable grounds for believing, that he had lawful authority for doing that act.

    AND

    Criminal Justice (Public Order) Act 1994
    17.—(1) It shall be an offence for any person who, with a view to gain for himself or another or with intent to cause loss to another, makes any unwarranted demand with menaces.
    [GA]
    (2) For the purposes of this section—
    [GA]
    ( a ) a demand with menaces shall be unwarranted unless the person making it does so in the belief—
    [GA]
    (i) that he has reasonable grounds for making the demand, and
    [GA]
    (ii) that the use of the menaces is a proper means of reinforcing the demand;
    [GA]
    ( b ) the nature of the act or omission demanded shall be immaterial and it shall also be immaterial whether or not the menaces relate to action to be taken by the person making the demand.
    [GA]
    (3) A person guilty of an offence under this section shall be liable—
    [GA]
    ( a ) on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both,
    [GA]
    ( b ) on conviction on indictment to a fine or to imprisonment for a term not exceeding 14 years or to both.

    I think the Road Traffic Act 1961 applies in this situation. But if they eascalate you could make a complaint to the Gardai of extortion.

    Have fun now;)


  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭matt-dublin


    Road Traffic Act 1961:
    113.—(1) A person shall not, without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle while it is stationary in a public place, or get on or into or attempt to get on or into the vehicle while it is so stationary.


    AND

    Criminal Justice (Public Order) Act 1994
    17.—(1) It shall be an offence for any person who, with a view to gain for himself or another or with intent to cause loss to another, makes any unwarranted demand with menaces.

    i draw your attention to the highlighted text above.

    also see here
    Clamping services are also common in car parks of hotels, hospitals, universities and shopping centres to discourage long-term parking at the expense of staff, customers or clients. Clamping on private property is not covered by legislation and owners must make sure that there are adequate signs and warnings notifying the public that clamping is in operation and that full contact details for the company enforcing the clamping are easily available.


  • Registered Users, Registered Users 2 Posts: 24,537 ✭✭✭✭Cookie_Monster


    without lawful authority or reasonable cause

    which they do not have. there are no licences issued to clamp by the state. A private individual or company does not satisfy this.


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  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭matt-dublin


    They have reasonable cause.


  • Registered Users, Registered Users 2 Posts: 24,537 ✭✭✭✭Cookie_Monster


    They have reasonable cause.

    such as?

    reasonable cause will be for the likes of the fire brigade to move cars if access is required or similar, not because the car is improperly parked.


    anyway the argument is there, there are several threads, including the linked one, in motors. The vast majority of people agree with me as can be seen from such thread. I am not going to argue with you because based on the laws quoted I believe I am 100% correct and if anyone apart from the state agency clamps me I will simply cut it off and they can try what they like...


  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭matt-dublin


    Parking dangerously on corners, potentially causing health and safety issues. Parking in spaces not alloted to your property. Parking in a manner which endangours public safety (blocking a footpath) blocking it.

    the reason why the arguement is there is because someone parked where they shouldnt have and they got clamped.

    If you abide by the rules you won't get clamped, simple as that.

    I know personally that in the crescent, we have massive parking issues so we have the requirement.

    Imagine if you parked on a footpath, blocking it causing a mother and child to walk out on the road to pass you, they get hit by a car and get killed, would you stand there and say its their fault even though your car was blocking a "pubically accessable" footpath?

    Charlesland at the best of times can be a dangrous place for pedestrians with people parking on footpaths, parking dangerously on corners etc. I believe there's been two incidents of children being knocked down, and pleanty more of animals being killed.


  • Registered Users, Registered Users 2 Posts: 24,537 ✭✭✭✭Cookie_Monster


    I have never and would never park in such a manner to block the footpath and you are now getting into the land of over the top imaginary scenarios.

    I'll not post in this thread again, it's just not worth my time at this point.


  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭matt-dublin


    Then you should never be clamped so there's no need for you to argue!!


  • Registered Users, Registered Users 2 Posts: 258 ✭✭Mullie


    Looks like theres a change in the clamping rules in Charlesland. I've finally had my fill of somone consistently blocking the path even though there are always free spaces opposite. Called the clampers and was told that there is a note on the system for Charlesland; 'Cars on paths are not to be clamped'. :mad:
    Apparently only cars on double yellows and in reserved spaces will be clamped.


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