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My right to manipulate wing mirrors(advice)

  • 01-12-2022 10:38pm
    #1
    Registered Users, Registered Users 2 Posts: 980 ✭✭✭


    Sorry about the last post I started, it was neither smart or clever.

    If a car is parked blocking the footpath to the point where it is impossible for me to pass without folding the wing mirror, can I legally move the mirror once I cause no damage.

    I ask because I did it recently and the driver followed me using their phone while driving to video me walking and they were screaming out the window at the same time.

    If a Garda was to see this all unfold, including me moving the mirror where would I stand legally?

    Post edited by L1011 on


Comments

  • Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    I am sure such a deranged person as the one you recently encountered my try to claim some mythical damaged caused by use, but counter charges for illegal parking, using a mobile while driving, stalking, etc would soften thier cough...



  • Registered Users, Registered Users 2 Posts: 7,745 ✭✭✭StupidLikeAFox


    Nobody apart from the guy filming would give a flying ****. The garda wouldn't care and if it got that far (which it wouldnt) a court wouldn't care either.

    If you done some damage it might be different, if you just moved a mirror then forget about it



  • Registered Users, Registered Users 2 Posts: 1,218 ✭✭✭Whocare


    Seen somewhere if mirror is electrically folding and if you try and do it manually it can damage wing mirror



  • Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    If the wing mirror is "electrically folding", they tend to fold when the car is lock.

    Irrespective of that, if someone parks on the footpath, and someone needs to move the mirrror to pass, so be it.



  • Registered Users, Registered Users 2 Posts: 980 ✭✭✭harmless


    I am fairly sure if I damage property even in such a situation that there could be legal consequences for me. What I'd like to know, would it be illegal in anyway even if it never could make it to court?

    Is there a law about touching but not damaging someones property?



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  • Registered Users, Registered Users 2 Posts: 980 ✭✭✭harmless


    You could be right but I feel like they would be designed to have the best chance of surviving getting clipped.



  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    A vehicle parked in such a way as to obstruct the highway (and this includes the footpath) is a nuisance, and there is a general right to abate a nuisance.

    So, yes, if you can't pass the parked car safely (or at all) without folding in the wing mirror, you can fold in the wing mirror.

    Even if you could have safely passed so the car wasn't really an obstruction, your folding in the wing mirror would be a trespass. But trespass isn't a crime; only a civil wrong. The guards aren't interested. The owner of the car could sue you for trespass, but even if successful all he will recover is an award of damages and, unless you snapped the hinge or something, the damage he has suffered appears to be nil.



  • Registered Users, Registered Users 2 Posts: 980 ✭✭✭harmless




  • Registered Users, Registered Users 2 Posts: 71,188 ✭✭✭✭L1011


    This thread will not lead to good things on here, and you already have the answer you would get in Legal Discussion



This discussion has been closed.
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