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Parking on private roads

  • 19-09-2021 12:22pm
    #1
    Registered Users Posts: 2 AnnoyedOfMidleton


    Beyond laziness of drivers, laziness of supermarket managers, and being off the road so the Gards don't care...is there a particular reason bad parking in super market car parks is tolerated?


    This morning, 11.45am at Hurleys Super Valu, Ireland.

    The yellow box is there for a reason, and is in this case next to a fire exit.

    I see parking like this frequently.


    Plenty of parking 30 metres away.



    Tagged:


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Comments

  • Registered Users Posts: 26,320 ✭✭✭✭ Dempo1


    Just a suggestion, the license plates are fully visible, need to be hidden but I agree, shockingly bad parking 😒

    Is maith an scáthán súil charad.




  • Registered Users Posts: 1,796 ✭✭✭ kirk.


    Suppose ya the exits not blocked



  • Registered Users Posts: 3,631 ✭✭✭ Princess Calla


    But is that not a beemer ...thought they had permission to park absolutely anywhere....indicators are also optional extras for these cars!



  • Registered Users Posts: 3,818 ✭✭✭ Darc19


    Its a privately owned property with the owner creating the markings and there is and should never be any garda involvement in this.

    The car driver has done nothing illegal whatsoever as any marking on private propoerty are totally unenforceable except private enforecement (such as clamping) if the relevant and clear notices are placed.


    And the vehicle is not blocking a fire exit in any way or manner.


    Maybe you have the hump because its a bmw and that affects you and I'm sure you are the absolute perfect driver and park perfectly everytime without fail and you are so affected by a very minor indiscretion on private land, that you set up a new account to vent your anger.



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  • Registered Users Posts: 26,320 ✭✭✭✭ Dempo1


    I just thought it might be an issue , point taken 😏

    Is maith an scáthán súil charad.




  • Registered Users Posts: 3,382 ✭✭✭ RosieJoe




  • Registered Users Posts: 20,855 ✭✭✭✭ Alun


    I remember once getting loads of abuse for reporting a car parked on a yellow hatched area directly in front of a fire escape at our local Tesco. Turned out it was the store manager's car.



  • Registered Users Posts: 11,472 ✭✭✭✭ GBX


    Laziness by the manager: Was it reported to them so they could enforce the parking rules? Is the supermarket solely responsible for the car park? If the manager prioritised the parking, he'd lose custom and that's the end game: Money. By the time they deal with all the offenders, revenue/margin is down. Same across many car parks. Yeah its frustrating but not much will be done about it.



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  • Registered Users Posts: 8,703 ✭✭✭ GM228


    White lines, parking spaces, yellow box's etc on private roads (even those which are public places under the Road Traffic Acts) have no statutory footing and can not be enforced.

    It is true that a lot of road traffic law applies to public places which includes both public roads (those maintained by a LA) or private roads, however the ability to enforce any traffic and parking rules which are defined by the use of "traffic signs" is only enforceable on a public road, not a public place, all lines and signs on the roads are defined in law as "traffic signs" applicable to public roads only.

    It's not a case of Gardaí simply not going to bother, rather they have no lawful authority to enforce them, likewise such lines and signs impose no legal obligation on the road user.



  • Registered Users Posts: 3,937 ✭✭✭ KevRossi


    We need these signs, they are legally enforceable in many countries. Any carpark etc. where the public have access can erect them, subject to a couple of details. It translates roughly as 'Road Traffic Act is valid/in operation here'. Police or traffic wardens or Local Authority can fine, tow, etc.

    It's down to laziness and acceptance here. It's the same near us when a match is on, cars dumped everywhere, making shlt out of the green and blocking or hindering traffic. There is loads of parking within 3-5 mins walk of the pitch. Local Lidl, cars just drive right up to the entrance. Do it in Germany or Austria and you'll be called out, here you'll probably get a threat or a 'fcuk off' if you're lucky.





  • Registered Users Posts: 147 ✭✭ I told ya


    In the case of a supermarket car, or eg an hotel car park, the public have an implied right of access.

    Are you saying that no rules apply, stop signs, one way systems, entry/exit ramps are irrelevant and it's basically a free for all? That if a motorist injures someone in a private car park that the Gardai won't get involved? I find that strange.

    I'm sure your insurance company will be able to explain it to you in great detail as will the Courts.



  • Registered Users Posts: 1,727 ✭✭✭ BronsonTB


    Think we should get stickers to place on cars that park like this

    Sticker - I park like a TWAT

    Just to highlight their ignorance hasn't gone unnoticed! (And to get a pic for the other bad parking thread on here :))

    Common place everywhere & nothing will be done as these drivers don't give a hoot. (zero enforcement or deterrent)

    BTB - Be sure to hit the 'Thanks' button please.



  • Registered Users Posts: 8,703 ✭✭✭ GM228


    You are correct that there is an implied right of access, but, yes the laws regarding road signage does not apply to private roads.



  • Registered Users Posts: 147 ✭✭ I told ya


    Are you saying that if you drive through a stop sign in a private car park and injure someone, or it results in a fatality, you can just drive off? The stop sign does not apply, so you're good to go? Somehow I don't think so.

    At a minimum you have a duty of care.

    I can see a lot of difficulty with telling a judge that the stop sign doesn't apply and that the resulting injury/fatality is not your fault. Maybe I'm wrong.



  • Registered Users Posts: 8,703 ✭✭✭ GM228


    Yes you can't commit an offence of failing to stop at a stop sign on a private road, the law does not apply to them.

    However there are other laws like failing to drive with consideration for other road users etc and of course there is a duty of care.

    The point is that road "traffic signs" (traffic signs are both the actual signs and the road markings) have no lawful authority on private roads and create no legal obligation on the road user, that however does not take away from the ordinary principles of negligence or any other offences which can occur.



  • Registered Users Posts: 147 ✭✭ I told ya


    My original post was about the idea that the Gardai have no and should never have any input in a private car park. I'm simply pointing out that they can and do, not so much with damage only incidents but where there are injuries and fatalities. To drive under the assumption that there will never be any Garda involvement on private property is simply wrong. I accept that the Gardai will not involve themselves with parking issues or the failure of a motorist to obey a stop sign in a private car park but they can and they have got involved in the past and will in the future.

    To say that road signs and markings on private property have no standing in law and will be be a solid defense in front of a judge or in dealing with your insurance company is wrong.

    Just to move in on a bit, there are private areas where there is no implied right of access eg airside at Dublin Airport. If there was an a driving related injury or fatality, do you think the Gardai, if summoned, would say, naw, nothing to do with us, private matter, swap details and sort it out yourselves.



  • Registered Users Posts: 17,958 ✭✭✭✭ Del2005


    What they are saying is that most traffic laws don't apply to private property, you can park a car without tax on private property, but if you injure someone or damage property there are loads of other laws that still apply.



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  • Registered Users Posts: 8,703 ✭✭✭ GM228


    @I told ya wrote:-

    To say that road signs and markings on private property have no standing in law and will be be a solid defense in front of a judge or in dealing with your insurance company is wrong.

    Nobody has suggested such, the points being made were about road markings and signs, not collisions, injury or death.

    @I told ya wrote:-

    Just to move in on a bit, there are private areas where there is no implied right of access eg airside at Dublin Airport. If there was an a driving related injury or fatality, do you think the Gardai, if summoned, would say, naw, nothing to do with us, private matter, swap details and sort it out yourselves.

    Again nobody has suggested anything like this, we have jumped from the legalities of street signs and markings on private roads to injury and death on private roads, they are not comparable.



  • Registered Users Posts: 7,658 ✭✭✭ Markcheese


    In fairness to the shop in question they do have a parking warden - just usually at busy times ..

    Slava ukraini 🇺🇦



  • Registered Users Posts: 547 ✭✭✭ Blue4u


    About 30 years ago very few people had a BMW and people started these comments, replace with Audi as well etc. in this day & age nearly ebery second car is a BMW/Audi etc so not really relevant anymore



  • Registered Users Posts: 3,631 ✭✭✭ Princess Calla


    No every second car is not a BMW /Audi. *

    Though I would say every second bmw driver is a twat,just based on my own observation.

    *According to statistics VW is most popular followed by Toyota/Hyundai.

    BMW sales peaked in 2016 at 5.5 thousand units dropping to 4k in 2019, so certainly far from every second car.



  • Registered Users Posts: 547 ✭✭✭ Blue4u


    From the driving I have seen on the road it doesn't matter what badge is on the car.



  • Registered Users Posts: 10 tenant2b


    There's a lot of bad often criminal driving in Ireland, and terrible parking. But it's strange to me that OP got so wound up by a randomer parking here in some supermarket not really bothering anybody (realistically) they decided to make a thread.



  • Registered Users Posts: 547 ✭✭✭ Blue4u


    They actually created an account just to post the picture and complain about the parking.



  • Registered Users Posts: 3,508 ✭✭✭ Furze99


    Maybe because the customer is always right? I'd clamp the three lazy feckers though for not reverse parking :)



  • Registered Users Posts: 17,958 ✭✭✭✭ Del2005


    If you ever worked in retail you'll know that the customer is rarely right and usually an A Hole.

    The only place where drive in parking makes sense is a supermarket, it's easier to unload a trolley from the road than bouncing it off other cars to get to the boot if reversed in.



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  • Registered Users Posts: 3,818 ✭✭✭ Darc19


    Yes I am saying that rules such as prescribed speed limits, double yellow lines, zebra crossings, stop signs and yellow boxes have no legal meaning in terms of enforcement by authorities.

    If someone crashes, then the gardai can charge them with other offences such as careless driving / dangerous driving, but gardai cannot in any legal way whatsoever enforce a particular speed limit, yellow lines, stop signs, direction marking, yellow boxes, disabled parking etc in a privately owned car park.


    and in the op's picture, whilst there's an implied request by the supermarket to adhere to signage, it is NOT blocking a fire exits (see the wall in front of the car), but I would suspect that this simply is to direct cars away from the start of the car parking spaces whilst at the same time the fire exit also has a free movement space.



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