Private Property Parking Issue

torrevieja

Hi Guys im newbie here but have some questions im hoping you might be able to answer,

Im a Taxi Driver who works from a Shopping centre there is a Taxi Rank that hold 6 cars but because its so small we park up the back inside the Shopping centre which is a Private Road, it has Double Yellow Lines on the Ground, the Other Day the Garda came and told us we were on Double Yellow lines and to move or we would Be Fined and Court proceedings,

Can they do this on Private Property?
Can they Move you on Private Property ?
Also we have been using this area for over 12 years now do we have rights?

Thanks in Advance Guys:)

Eric Cartman

if this is the laneway at the middle of dundrum town centre then thats a fire lane, and although the double yellows are private land it is a requirement to keep it clear and the gardai can enforce that.

endacl

They can certainly so it on private property if the property owner ask them to.

Plumbthedepths

torrevieja wrote:

Can they do this on Private Property? Can they Move you on Private Property ? Also we have been using this area for over 12 years now do we have rights?

You have no legal right to be on private property unless the land owner gave you permission.
As an aside if you're driving a taxi and are unfamiliar with double yellow lines and their meaning may I suggest a different career.
The rest of your query is 'adverse possession' and no you don't qualify.

amcalester

Plumbthedepths wrote: »

As an aside if you're driving a taxi and are unfamiliar with double yellow lines and their meaning may I suggest a different career.

TBF it’s not just double yellows they are unfamiliar with.

Plumbthedepths

amcalester wrote:

TBF it’s not just double yellows they are unfamiliar with.

True but knowing the meaning of double yellow lines is something you need to know to get a learner permit. A professional driver being unaware is hilarious and scary at the same time.

torrevieja

Plumbthedepths wrote: »

You have no legal right to be on private property unless the land owner gave you permission.
As an aside if you're driving a taxi and are unfamiliar with double yellow lines and their meaning may I suggest a different career.
The rest of your query is 'adverse possession' and no you don't qualify.

Hi Plumb The shopping centre did let us park there so thats the permission bit sorted to be there and were very accomodating also the Double yellow lines were on this private property, and no id prefer if u kept ur suggestion to urself.

Sleeper12

torrevieja wrote:

Im a Taxi Driver who works from a Shopping centre there is a Taxi Rank that hold 6 cars but because its so small we park up the back inside the Shopping centre which is a Private Road, it has Double Yellow Lines on the Ground, the Other Day the Garda came and told us we were on Double Yellow lines and to move or we would Be Fined and Court proceedings,

Is it actually private property? Carparks in shopping centres are public areas. You need tax & insurance to drive or park in a shopping centre. I'd imagine anywhere that you can drive on without going through security or closed gates in the shopping centre is not private.

torrevieja

amcalester wrote: »

TBF it’s not just double yellows they are unfamiliar with.

U reckon Amc..

Plumbthedepths

torrevieja wrote:

Hi Plumb The shopping centre did let us park there so thats the permission bit sorted to be there and were very accomodating also the Double yellow lines were on this private property, and no id prefer if u kept ur suggestion to urself.

It doesn't matter where the double yellow lines are. They're not there for aesthetic purposes. As for my suggestion, you're on a public forum so it still stands.

torrevieja

Plumbthedepths wrote: »

It doesn't matter where the double yellow lines are. They're not there for aesthetic purposes. As for my suggestion, you're on a public forum so it still stands.

Keyboard Warrior...

Plumbthedepths

torrevieja wrote:

Keyboard Warrior...

No actually ,former professional driver.

Peregrinus

In general Road Traffic Act rules and requirements apply in a "public place", which doesn't mean a place in public ownership, but rather a place to which the public have access. Shopping centre car park is in fact the classic example of a place that it typically in private ownership but which is nevertheless a "public place" for purposes of the Road Traffic Acts.

davej

In order to make Road Traffic Act rules apply, can a private company just unilaterally paint double yellow lines (or any other officially regulated road markings) on its property ?

davej

ohnonotgmail

Adding regulated road markings does not make a property a "public place". the property either is or isn't a public place. applying some paint won't change that.

davej

ohnonotgmail wrote: »

Adding regulated road markings does not make a property a "public place". the property either is or isn't a public place. applying some paint won't change that.

That isn't my question. Let's assume the property is a designated "public place".
Now as the owner of the property do I have free reign to selectively place official looking road markings as I see fit and are they automatically imbued with the weight of the law based on my arbitrary decisions ?

davej

ohnonotgmail

davej wrote: »

That isn't my question. Let's assume the property is a designated "public place".
Now as the owner of the property do I have free reign to selectively place official looking road markings as I see fit and are they automatically imbued with the weight of the law based on my arbitrary decisions ?

davej

No

laotg

There are a number of road traffic offences, some which involve a public place, others which involve a public road.

Both definitions below


Public place means any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge

Public road means a road the responsibility for the maintenance of which lies on a road authority;

The legislation dealing with double yellow lines is Section 36 of S.I. No. 182/1997 - Road Traffic (Traffic and Parking) Regulations, 1997.

This states it must be a "public road" and not a public place.

Therefore technically you are in the clear OP, if you were parked on private land. How can you be sure?

However the double yellow lines are there for a reason. You were probably blocking something or interfering with the flow of cars , buses and trucks, or even blocking the view of pedestrians crossing the road, putting them in danger. Also, if you want to play hardball with the guard I'm sure if he discovers he can't get you for parking, he'll find something else wrong with you. Be careful.

Also, even if you do get fined and contest the fine by way of a court hearing do you really want to take a morning off work to attend?

uck51js9zml2yt

amcalester wrote: »

TBF it’s not just double yellows they are unfamiliar with.

Leave the poor taxi driver alone...it's their culture don't you know