HGV/Mini Buses parked in Housing Estates

bbability · 03-05-2006 08:58PM #1

I'm just wondering if someone could clarify this. Is it illegal to park vehicles over such as HGV's and or buses/coaches in housing estates?

Lplated · 03-05-2006 10:28PM

You might look at answers to Sir Jims problems (about two threads above yours). Are we talking public/private housing estates? Do the drivers/owners live in the estate?

bbability · 03-05-2006 10:59PM

The answer to your question is yes. I had a look at the thread and its not really answering my question. Is it or is it not legal to park vehicles of a certain size in an estate?

Trojan911 · 03-05-2006 11:51PM

bbability wrote:

I'm just wondering if someone could clarify this. Is it illegal to park vehicles over such as HGV's and or buses/coaches in housing estates?

I can't clarify this, however, I had a similar problem and resolved it by contacting the haulage company and spoke direct to the owner. I live on an estate where the houses are privately owned, some rented out. I initially ran it by the local Gardaí and traffic corps for their opinion and there is nothing unlawful unless maybe the following 3. 4. 5. below are being contravened. In my opinion there are several avenues to look at.

1. Who was there first? (you or the HGV drivers).
2. Do you have a residents association and are you part of it?
3. Is there noise pollution say at 3am when they are charging up the air brakes etc. There should be an environmental dept with your local council that could monitor this.
4. Are the trucks causing an obstruction to say, emergency vehicles.
5. Are the trucks in good condition? i.e. do they leak oil over the road etc.
6. Have you approached the drivers / owners?

TJ911...

micks · 04-05-2006 05:31AM

bbability wrote:

I'm just wondering if someone could clarify this. Is it illegal to park vehicles over such as HGV's and or buses/coaches in housing estates?

I had a similar problem a few years back and contacted the company and said i couldn't get by the truck with my kids and the truck never returned.
I dont think its illegal but ring you local council and i think if they get enough complaints then they'll make it prohibitted to park hgv etc in the estate.I'm sure you've seen the signs appearing in various estates - i was told its the council that decide this as i was going to go down that road if the company did nothing about my friend's parking habits. good luck cause it can be annoying in my case he parked outside my house and walked down to his own.

Maximilian · 04-05-2006 01:28PM

Most housing estates these days are private. Roads, communal parking etc. are owned by a management company, in turn owned by all the house owners. I assume this is the case.

Take a look at the Deed/Lease under which you own the house/apartment - you may find a covenant there against parking commercial vehicles. Else the management company may have rules & regulations.

If you're pissed off with it, first port of call is to complain to whoever are the managing agents. If needs be you could take them to court to enforce the covenant (if there is one).

If the roads or whatever are in charge of the Council, well, good luck.

Are we talking trucks here or are you just the write-letters-into-the-Irish-Times type?

Victor · 06-05-2006 02:27AM

Generally it is legal for them to park anywhere, unless there is something specificly prohibiting them, be that council bye-laws for road in the charge of a council or the terms of a management company if a private company.

99% of Dublin City is covered by a parking ban on HGVs.

Pollution, noise, etc. are different matter, but may be an angle you can leverage.

Thirdfox · 06-05-2006 10:26AM

Are there any legal grounds for saying a danger to children etc.?

padser · 06-05-2006 12:31PM

If the housing estate is private then talk to who ever owns the rights, they could prevent HGV's parking there.

If its public the only legal route I could see would be a nuisance, but you would need to establish something concrete, like being unable to park outside your house, being unable to drive to your house, noise pollution etc etc

Victor · 06-05-2006 03:02PM

Or get the council to implement bye-laws.

hullaballoo · 06-05-2006 03:23PM

Read Dr Andrew Lyall's book on Land Law in Ireland. There's a chapter on Incorporeal Hereditaments that covers this.

senordingdong · 06-05-2006 04:38PM

What about the drivers rights?

coolhandluke · 07-05-2006 02:30AM

senordingdong wrote:

What about the drivers rights?

What about them,u shouldn't be parking HGV's/Buses etc. in private housing estates.

maidhc · 07-05-2006 11:17AM

coolhandluke wrote:

What about them,u shouldn't be parking HGV's/Buses etc. in private housing estates.

Why not? If doing it isn't illegal, which it seems it isn't then by definition you can.

senordingdong · 07-05-2006 02:18PM

Also, I'm just wondering if his parking is causing obstructions or noise pollution, is it really necesary to make a big deal out of it?
Because it will cause alot of hassle for the driver in question, just becasue the OP felt like being picky.

Victor · 08-05-2006 12:07AM

maidhc wrote:

Why not? If doing it isn't illegal, which it seems it isn't then by definition you can.

If it was Dublin, it would be illegal.

Its one of those things where its down to the local council to decide as to whether to have bye-laws or not.

HGV/Mini Buses parked in Housing Estates

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