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Parking Dispute

  • 17-12-2012 2:05pm
    #1
    Registered Users, Registered Users 2 Posts: 6,488 ✭✭✭


    When I visit my girlfriend I sometimes have to park beside a wall near her house as there are no other spaces available. There is usually another car there but on two occasions it was free so I took it. The parking spot is not an official parking spot as in there is no signage / white lines or markings (but parking here does not cause an obstruction).

    I think the car that is normally there belongs to a neighbour as the 2 times I have parked there I have got notes, the first one saying "Do not park here again thanking you" and the second one (last night) saying "Private property, do not park here again or your vehicle will be towed or clamped".

    What should I do ? I only park there when there is nowhere else but like I say it is not an official parking spot and there are no signs up ...

    Also, I put a note on their car to say "There is no signage indicating that this is a private car parking space, any attempt to clamp or tow my car will result in this becoming a police matter"


Comments

  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    If in doubt dont part there.

    Is it an apartment complex? Sounds like it is a proper car park (with marked out spaces)? Does someone like NCPS look after the area?


  • Closed Accounts Posts: 12,985 ✭✭✭✭dgt


    Is it accessible to the public? If a regular parks there I wouldn't really be inclined to take their place. It'd piss me off if it happened to me!


  • Registered Users, Registered Users 2 Posts: 6,488 ✭✭✭kingtut


    djimi wrote: »
    If in doubt dont part there.

    Is it an apartment complex? Sounds like it is a proper car park (with marked out spaces)? Does someone like NCPS look after the area?

    I only park there when there is nowhere else, but my issue is that they claim it is private when there is no evidence to support that.

    It is a small housing estate that has marked parking spaces in some areas however this is beside a wall and has no markings whatsoever (unfortunately I have no photo or I'd throw one up).
    dgt wrote: »
    Is it accessible to the public? If a regular parks there I wouldn't really be inclined to take their place. It'd piss me off if it happened to me!

    100% accessible to the public, no barriers / gates etc, nothing at all preventing access from the public.
    Like I said in my post I only park there when there is nowhere else (which has only been 2 times in the last year). I acknowledge that this is obviously their 'regular' spot but that does not make it private surely ?


  • Registered Users, Registered Users 2 Posts: 2,182 ✭✭✭alexlyons


    link to google maps


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Ill put it to you this way; if it was your house and "your" spot that someone else was parking in would you get annoyed about it?

    It doesnt sound like there is any legal reason for you not to park there (provided you are not blocking access/footpath etc). You have however been asked by a resident not to park there, so its up to you whether or not you want to ignore them.

    Bearing in mind people often take such matters into their own hands; is it worth it to you to come out and find your car scratched, mirror missing, tire flat etc? You have to think about these things in such situations...


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  • Registered Users, Registered Users 2 Posts: 4,974 ✭✭✭Chris_Heilong


    I put a sign outside my house which says private parking but I put it there myself, I don't care about the legality of it as I won't enforce it but it distracts from people parking outside my home as thats where my other car sits. Await a bashing:o


  • Registered Users, Registered Users 2 Posts: 2,000 ✭✭✭mitosis


    OP, where do you park when the spot is not available? Where does the offended resident park when you are there?


  • Registered Users, Registered Users 2 Posts: 6,488 ✭✭✭kingtut


    alexlyons wrote: »
    link to google maps

    Added two photos there, hope it helps :)
    djimi wrote: »
    Ill put it to you this way; if it was your house and "your" spot that someone else was parking in would you get annoyed about it?

    It doesnt sound like there is any legal reason for you not to park there (provided you are not blocking access/footpath etc). You have however been asked by a resident not to park there, so its up to you whether or not you want to ignore them.

    Bearing in mind people often take such matters into their own hands; is it worth it to you to come out and find your car scratched, mirror missing, tire flat etc? You have to think about these things in such situations...

    If it was my house and and I owned the parking spot then I would be extremely pissed off however if I didn't own it then I wouldn't get upset about it.

    There are many cameras in the area (and a police station around the corner), if any damage is done to my car I'll be taking immediate action and filing a police report.

    Like I say I park there when there is nowhere else (which is why I have only done in twice in the last year), it's not like I park there just to annoy them.
    I put a sign outside my house which says private parking but I put it there myself, I don't care about the legality of it as I won't enforce it but it distracts from people parking outside my home as thats where my other car sits. Await a bashing:o

    If I saw a private parking sign then I wouldn't park there (even if the neighbour had put it there unless it was hand-written and clearly fake :pac:)


  • Registered Users, Registered Users 2 Posts: 3,964 ✭✭✭Kopparberg Strawberry and Lime


    yeah thats a free for all right there.

    no legal standings on anything etc.


    I'd park there


  • Registered Users, Registered Users 2 Posts: 6,488 ✭✭✭kingtut


    mitosis wrote: »
    OP, where do you park when the spot is not available? Where does the offended resident park when you are there?

    I park in my girlfriends parking space (an official, clearly marked space with her apartment number that came with her apartment).

    The offended resident parks beside her car (which belongs to the apartment above her which is currently vacant - so basically the resident moans when I park in a public parking space claiming it's private yet happily parks in a private spot themselves)


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  • Registered Users, Registered Users 2 Posts: 324 ✭✭kopfan77


    kingtut wrote: »
    Added two photos there, hope it helps :)



    If it was my house and and I owned the parking spot then I would be extremely pissed off however if I didn't own it then I wouldn't get upset about it.

    There are many cameras in the area (and a police station around the corner), if any damage is done to my car I'll be taking immediate action and filing a police report.

    Like I say I park there when there is nowhere else (which is why I have only done in twice in the last year), it's not like I park there just to annoy them.



    If I saw a private parking sign then I wouldn't park there (even if the neighbour had put it there unless it was hand-written and clearly fake :pac:)

    Fair game if you ask me...first come first served


  • Registered Users, Registered Users 2 Posts: 3,964 ✭✭✭Kopparberg Strawberry and Lime


    kingtut wrote: »
    I park in my girlfriends parking space (an official, clearly marked space with her apartment number that came with her apartment).

    The offended resident parks beside her car (which belongs to the apartment above her which is currently vacant - so basically the resident moans when I park in a public parking space claiming it's private yet happily parks in a private spot themselves)

    is there a management company for this place ?

    since you say there are apartment numbers on spaces then id be wary of the possibility of a private clamp on anybodies car.


  • Registered Users, Registered Users 2 Posts: 4,889 ✭✭✭Third_Echelon


    dgt wrote: »
    Is it accessible to the public? If a regular parks there I wouldn't really be inclined to take their place. It'd piss me off if it happened to me!

    So you're claiming ownership to public property when you have no right to?

    I get what you mean alright, but it's public property. Anyone can park there if they wish.

    The estate I live in for example has a Luas stop right at the entrance. The commuters come and park from 8 am onwards and dissappear again at 5 or 6 PM. It p1sses me off rightly as it means that usually there is 1 lane of traffic only possible at the entrance to the estate due to parked cars on public/estate roadways. You have to wait to let others past coming into the estate, which can sometimes mean missing a green light for turning out of the estate.... It's annoying, but they technically aren't breaking any laws.


  • Registered Users, Registered Users 2 Posts: 2,000 ✭✭✭mitosis


    kingtut wrote: »
    I park in my girlfriends parking space (an official, clearly marked space with her apartment number that came with her apartment).

    The offended resident parks beside her car (which belongs to the apartment above her which is currently vacant - so basically the resident moans when I park in a public parking space claiming it's private yet happily parks in a private spot themselves)

    So they have their own spot also, which is occupied by someone else? Are there two apartments each with two cars but only two spaces between them?

    I think I'd continue to park there and keep an eye for any damages that might occur, or even have a chat. That way they'd be less inclined to do anything as they know you know them.


  • Registered Users, Registered Users 2 Posts: 2,315 ✭✭✭A-Trak


    Why do people think they have a divine right to "public" parking spots even if they're a resident?

    My family home constantly has someone else parked outside the garden along the kerb. It's a pain in the ass but I don't go leaving notes, I drive around 'til I find another spot.

    OP, if you're car is taxed and its a public spot, work away.

    The one caveat I'd have is if the car parked there usually, if it has a disabled badge I wouldn't park there.

    Otherwise fair game.


  • Registered Users, Registered Users 2 Posts: 2,000 ✭✭✭mitosis


    So you're claiming ownership to public property when you have no right to?

    I get what you mean alright, but it's public property. Anyone can park there if they wish.

    The estate I live in for example has a Luas stop right at the entrance. The commuters come and park from 8 am onwards and dissappear again at 5 or 6 PM. It p1sses me off rightly as it means that usually there is 1 lane of traffic only possible at the entrance to the estate due to parked cars on public/estate roadways. You have to wait to let others past coming into the estate, which can sometimes mean missing a green light for turning out of the estate.... It's annoying, but they technically aren't breaking any laws.

    They are if they are on both sides of the road opposite one another.


  • Registered Users, Registered Users 2 Posts: 229 ✭✭KT10


    Might be an idea to leave your mobile number on the next note saying any problems ring this number, a civil discussion might prevent this turning into vandalism or worse, an escalating series of passive aggressive notes being left on your car.

    Or just leave the number for Dublin Zoo with the text, "Any problems ring me on this number, my name is Annie Lyons."


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    How many spaces are there compared to houses? Is there a space per house or is it first come first served?

    If the resident in question already has a numbered space then tell them to do one. If its a case of first come first served then Id show some understanding.

    You say it wouldnt annoy you if roles were reversed but to be honest I dont believe that for a second; especially if it was a case that if you couldnt park there you had to find somewhere well away from your house to park.


  • Registered Users, Registered Users 2 Posts: 6,488 ✭✭✭kingtut


    mitosis wrote: »
    So they have their own spot also, which is occupied by someone else? Are there two apartments each with two cars but only two spaces between them?

    Do you mean does the resident have their own spot also?
    If that is what you mean then I am not sure, I have actually seen 2 different cars parked in the place under discussion. I am assuming that they have an official parking space somewhere but I am not sure which one it is (I'm assuming that they park opposite the house because it is convenient)

    All that being said, so far it has been notes placed on my window, I have not seen anyone at my car and I am not 100% sure which house / apartment is involved - I am just assuming it is the one opposite the car.


  • Registered Users, Registered Users 2 Posts: 2,119 ✭✭✭Tails142


    More than likely private property imo, seems to be off the main road so it is probably registered to developer/management company in the land registry or even sold off as part of the deeds of one of the nearby houses and registered to them.

    The dude would need to put a sign up though if that's the case, I mean what are you supposed to be a mind reader.

    My gf used to live in Drumcondra in a street where most of the houses were rented out. The guy next door used to keep a spot for himself out the front with a cone, one day it was pissing rain so I just drove into the space, pushing the cone out of the way and parked.

    About 15 minutes later he was banging on the door, having just come home from work. We just hid and didn't answer :D Wasn't any point in answering cause he would have said it's outside his house and he's claimed it with his cone and I would have just told him to f*** off it was a public space, so nothing much to be gained by a confrontation.

    I guess what my advice is, avoid parking there if you can but if there's no other spots, f*** him!


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  • Registered Users, Registered Users 2 Posts: 17,875 ✭✭✭✭MugMugs


    kingtut wrote: »

    I park in my girlfriends parking space (an official, clearly marked space with her apartment number that came with her apartment).

    The offended resident parks beside her car (which belongs to the apartment above her which is currently vacant - so basically the resident moans when I park in a public parking space claiming it's private yet happily parks in a private spot themselves)
    I'd slip her a wee note when she parks in the vacant apartments space....... And outright ignore her too.


  • Registered Users, Registered Users 2 Posts: 6,488 ✭✭✭kingtut


    djimi wrote: »
    How many spaces are there compared to houses? Is there a space per house or is it first come first served?

    If the resident in question already has a numbered space then tell them to do one. If its a case of first come first served then Id show some understanding.

    I am not sure about the number of spaces to houses but I'm guessing there would be at least one per house. Where I park however is not an official space and has no markings so I don't think it is assigned to any house.
    djimi wrote: »
    You say it wouldnt annoy you if roles were reversed but to be honest I dont believe that for a second; especially if it was a case that if you couldnt park there you had to find somewhere well away from your house to park.

    This situation already occurs directly opposite my own house, around 50% of the time there is another car there meaning I have to find alternative parking but as it's not a private road I don't do anything about it.


  • Registered Users, Registered Users 2 Posts: 6,488 ✭✭✭kingtut


    A-Trak wrote: »
    The one caveat I'd have is if the car parked there usually, if it has a disabled badge I wouldn't park there.

    Agreed.


  • Registered Users, Registered Users 2 Posts: 4,889 ✭✭✭Third_Echelon


    mitosis wrote: »
    They are if they are on both sides of the road opposite one another.

    Good point actually... I guess it could be considered as being dangerous...

    The attached picture shows the junction in question... The residents that live on that entrance stretch park their second car or visitors park there on the kerb outside their house/the grass bit between it and the next house marked in yellow, which is fair enough. The issue is with the opposite side of the road, marked in red. They park there all along that length, bumper to bumper, which most of the time leaves just one "lane" of traffic possible....

    The Luas stop is marked with the red box....

    Is there somewhere in the rules of the road that this is written down?


  • Registered Users, Registered Users 2 Posts: 478 ✭✭Duvetdays


    I used to rent on a road that had just 11 houses facing a green and the only parking was on street on both sides. There was no permit parking or pay and display just an old quiet road. If you we're lucky you got parking outside if road was full you could be parked at very top. People moved in next door from us and the woman in her big fcuk off people carrier that she couldn't drive for sh*te got into the habit of leaving 2 parking cones outside her house to reserve her space. It used to pee me off no end and I would have no problem moving them and parking there I pay road tax the very same as she does and if it bothered her so much she should've bought a house with a driveway!


  • Registered Users, Registered Users 2 Posts: 2,000 ✭✭✭mitosis


    Good point actually... I guess it could be considered as being dangerous...

    The attached picture shows the junction in question... The residents that live on that entrance stretch park their second car or visitors park there on the kerb outside their house/the grass bit between it and the next house marked in yellow, which is fair enough. The issue is with the opposite side of the road, marked in red. They park there all along that length, bumper to bumper, which most of the time leaves just one "lane" of traffic possible....

    The Luas stop is marked with the red box....

    Is there somewhere in the rules of the road that this is written down?

    I don't know where it is in legislation, but

    http://www.rulesoftheroad.ie/rules-for-driving/parking/parking-safely.html


  • Registered Users, Registered Users 2 Posts: 4,889 ✭✭✭Third_Echelon


    mitosis wrote: »

    Nice one... thanks...


  • Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    The signs nearby which mention clamping; what do they say? Do they say that clamping is in operation here, or that clamping is in operation for that one spot?
    The Luas stop is marked with the red box....

    Is there somewhere in the rules of the road that this is written down?
    TBH, I'm surprised no-one put twin yellow lines illegal graffiti on the side of the road where you have the red line, late at night.


  • Registered Users, Registered Users 2 Posts: 4,889 ✭✭✭Third_Echelon


    the_syco wrote: »
    TBH, I'm surprised no-one put twin yellow lines illegal graffiti on the side of the road where you have the red line, late at night.

    They actually had to put yellow lines a bit further back past where the red line finishes as they were parking in front of the other juction there and also on the bend looping around to the left on the cresent. It was quite dangerous.

    I thought they were going to put the double yellows on the section that I marked in red too, but they didn't for some reason...


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  • Registered Users, Registered Users 2 Posts: 5,982 ✭✭✭Caliden


    I have a neighbour who greeted me on move in night to say I was parked in her spot and told me it was fine for now but for future not to park there.
    Got chatting to the couple across from me and was told it's a load of ****e, basically it's first come, first served with the car space in question.

    Sounds like it's a similar situation here where a resident has grown accustomed to having that particular spot. If there's no pay-and-display or resident permits then I would ignore it.


  • Closed Accounts Posts: 12,985 ✭✭✭✭dgt


    So you're claiming ownership to public property when you have no right to?

    I get what you mean alright, but it's public property. Anyone can park there if they wish.

    The estate I live in for example has a Luas stop right at the entrance. The commuters come and park from 8 am onwards and dissappear again at 5 or 6 PM. It p1sses me off rightly as it means that usually there is 1 lane of traffic only possible at the entrance to the estate due to parked cars on public/estate roadways. You have to wait to let others past coming into the estate, which can sometimes mean missing a green light for turning out of the estate.... It's annoying, but they technically aren't breaking any laws.

    I'm not, but outside ones house causing an obstruction is pretty damn annoying.

    So you have no gates at the front of your house, is it public property? I get all my cars and park it in someone's driveway because it's "accessible to the public" is it a different matter then?

    Imagine someone has parked in such a way it obstructs you getting in and out of your driveway... Which has happened here before. Entitled to park there. Technically not breaking any laws either. What would you do?

    Or someone has taken a usual spot near your house, the next one is 200m down the road, you have shopping and it's lashing. No laws broke but not a great experience?

    The OP is doing nothing wrong and is entitled to park there. From what I see, causing no obstruction either so is entitled to park there if they wish. Rarely park in that space anyway :) to avoid confrontation with said other driver would be my concern, you never know how people react in these scenarios especially close to home

    But a bit of thought and common manners instead of the "I'll park there" attitude by some posters in this thread would make things that little bit easier :)


  • Registered Users, Registered Users 2 Posts: 4,889 ✭✭✭Third_Echelon


    dgt wrote: »
    I'm not, but outside ones house causing an obstruction is pretty damn annoying.

    So you have no gates at the front of your house, is it public property? I get all my cars and park it in someone's driveway because it's "accessible to the public" is it a different matter then?

    Imagine someone has parked in such a way it obstructs you getting in and out of your driveway... Which has happened here before. Entitled to park there. Technically not breaking any laws either. What would you do?

    Or someone has taken a usual spot near your house, the next one is 200m down the road, you have shopping and it's lashing. No laws broke but not a great experience?

    The OP is doing nothing wrong and is entitled to park there. From what I see, causing no obstruction either so is entitled to park there if they wish. Rarely park in that space anyway :) to avoid confrontation with said other driver would be my concern, you never know how people react in these scenarios especially close to home

    But a bit of thought and common manners instead of the "I'll park there" attitude by some posters in this thread would make things that little bit easier :)

    There's a difference between blocking someone's driveway and parking in a spot that is on a public road. Most people with any ounce of manners wouldn't block someone's driveway.

    A driveway is private property, so if you parked your cars on it, it would be parking on land that someone owns. They would have the right to call the Gardai. Also blocking access to private property would be a reason to call the Gardai... Slightly extreme situation, but if it was persistent then yes that would be the way to go about it.

    If the only parking available to you is the option where you might have to park 200m away, then so be it. That's just the way things are. You don't have a private parking space, it's fair game for anyone to park there. Annoying? I'd imagine so, but legally you have no leg to stand on.


  • Registered Users, Registered Users 2 Posts: 2,315 ✭✭✭A-Trak


    dgt wrote: »

    But a bit of thought and common manners instead of the "I'll park there" attitude by some posters in this thread would make things that little bit easier :)

    I completely agree. But leaving notes threatening clamping is not mannerly.
    According to the OP, he's parked there twice in a year.
    First note was PFO, 2nd note was do it again and I'll make sure you're clamped and fined. Good manners?

    Again its a sense of entitlement.


  • Registered Users, Registered Users 2 Posts: 6,488 ✭✭✭kingtut


    A-Trak wrote: »
    I completely agree. But leaving notes threatening clamping is not mannerly.
    According to the OP, he's parked there twice in a year.
    First note was PFO, 2nd note was do it again and I'll make sure you're clamped and fined. Good manners?

    Again its a sense of entitlement.

    I have kept both notes as evidence in the event that I have to involve the police :)


  • Registered Users, Registered Users 2 Posts: 6,488 ✭✭✭kingtut


    the_syco wrote: »
    The signs nearby which mention clamping; what do they say? Do they say that clamping is in operation here, or that clamping is in operation for that one spot?

    I am not sure to be honest but I'll check the next time I am in the area (tomorrow night)


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  • Registered Users, Registered Users 2 Posts: 8,004 ✭✭✭ironclaw


    There are many cameras in the area (and a police station around the corner), if any damage is done to my car I'll be taking immediate action and filing a police report.

    Little off topic, but few cameras can pick someone out unless its broad daylight. And even then cheap CCTV will just be a blur not matter what. Night time, forget about ever catching someone. You'd be amazed the utter rubbish that was installed in the boom time by cow boys.

    If your in any way doubtful as to whether it could escalate, I'd take a 5 minute walk to the nearest space as against hoping a camera will catch something. By no means taking sides as to whether or not you should park there, just an FYI.


  • Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    kingtut wrote: »
    I am not sure to be honest but I'll check the next time I am in the area (tomorrow night)
    If it does get clamped, ring the clamper and ask them under who's authority was your car clamped.

    =-=

    Looking at the location again, and next to the signs, you can see faded markings for spaces, so it is possible that you could be parking on someones spot. For example, before the pole, there's a grey car in a partial faded box, so the box you are in could just be faded.


  • Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    kingtut wrote: »
    (tomorrow night)
    So, what's the craic with it?


  • Registered Users, Registered Users 2 Posts: 6,488 ✭✭✭kingtut


    the_syco wrote: »
    So, what's the craic with it?

    Well the spot I normally take was available so I did not need to park in the space that is being disputed (which was occupied anyway). I did however check the area in question and there are no signs whatsoever on the wall to indicate that it is private.... so I'm satisfied that I am in the right :)


  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    kingtut wrote: »
    and the second one (last night) saying "Private property, do not park here again or your vehicle will be towed or clamped"
    The first thing you should do is find out whether it is in fact private property. That strip of land might belong to the adjoining building, in which case you shouldn't park there. If it's public land, however then the other party has no more right to park there than anyone else, yourself included. A quick trip to the planners will tell you which it is, you might even be able to do it online.


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  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    the_syco wrote: »
    If it does get clamped, ring the clamper and ask them under who's authority was your car clamped ring you friend with an angle grinder and cut it of. Then stick it on the other persons car with your own lock.

    FYP

    There is no authority, apart from councils, to authorise clamping. It's all done in a grey area of the law


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