bladespin wrote: » From what I've read the answer is no, there's another thread about gosafes parked illegally.
GM228 wrote: » Describe the situation a bit more such as how the van gains access, where exactly it is parked, can the public generally access the location with vehicles etc. When you say private property I assume this is private property which is a public place.
GM228 wrote: GoSafe vans can't park "illegally" when in operation as they are exempt from Traffic and Parking Regulations.
beercr8te wrote: » The van was parked off the main road in the entrance of a field, the gate to the field is recessed from the outer walls like this \___/, van was inside area outside of gate. The dirt road is to allow a vehicle to park while entering field without obstructing traffic,van was parked on the entrance way or dirt road parallel to gate, the van was obstructing access to gate, but there is no barrier to prevent you going on dirt road outside gate.
bladespin wrote: » Blocking access to a private entrance, not sure how 'legal' that would be, even acting under the exemption but I doubt it would void the penalty.
GM228 wrote: but GoSafe are exempt.
bladespin wrote: » They have no exemption, the exemption applies to the gardai only who can instruct gosafe and therefore exempt them but I doubt the gardai would permit gs to park in such a manner.
Elemonator wrote: » This belongs in the Legal Discussion forum.And everyone else needs to read of the law on trespass also.
GM228 wrote: » Trespass does not come into play in this situation:- 1. The speed van has not entered the private land beyond which is a public place, they are outside the gate - in a public place. 2. The little known exception to trespass - you can't be a trespasser if you are on lands by virtue of an express or implied term in a contract - the term being to provide a speed check under the direction of GSOC at a specific location. 3. You can't be a trespasser if you are present as of right. Lack of a gate/an open gate, notice or other means to prevent access is generally taken by the courts to provide an implied right of access. Some of us are aware the law concerning trespass
GM228 wrote: » Blocking access or egress to a premises without the owners permission is illegal, but GoSafe are exempt.
SBPhoto wrote: » Not True
coylemj wrote: » OP, try this for size.... Garda car is in the entrance to a field like you describe, they observe a car doing a dangerous overtaking manoeuvre on bend with a continuous white line, causing oncoming cars to swerve to avoid a collision. They prosecute the driver for dangerous driving and his solicitor stands up in court, says the Gardai were trespassing on private property and therefore their evidence is inadmissible. Speeding (s.47 RTA) and dangerous driving (s.53 RTA) are offences in the same category in the criminal canon so what's good for one will be good for the other. Do you seriously think that in the case above, the judge would accept that submission?
CeilingFly wrote: » Its a field, not a premises.
“premises” includes land, water and any fixed or moveable structures thereon and also includes vessels, vehicles, trains, aircraft and other means of transport
beercr8te wrote: » was on private property and also obstructing an entrance to that property during the time they were enforcing speed limits
beercr8te wrote: Judges have thrown out evidence from camera vans and dismissed cases.
CeilingFly wrote: » Its a field, not a premises. Op says it near a bend, so Op was speeding near a blind bend and got caught. Op can spend a couple of hundred on a solicitor, take a day off work for court appearance, give the cock and bull story and leave court with 5 points and €400 fine. Or pay the €80, take the 3 points and be more careful.
beercr8te wrote: » I'll find out on Monday where I stand with a solicitors advice, if I can get this dismissed with my "cock and bull story" I'll do so, whether I'm guilty or not is irrelevant, the problem is too many people do not challenge if they have grounds to do so, if I don't have a leg to stand on I'll pay the 80 euro and take the points. If a person can get off with something I say go for it, it will be worth every cent in legal fees.
snaps wrote: » Have I missed the bit were it's confirmed that the piece of land is public (between road and gate)? Just because it's in front of the gate it doesn't make it public. I understood from the OP that the gate is set back off the road to allow safe access. We've got similar gate setups on my estate here, but the land in front of gate is still private. Also we have lots of land that's not surrounded by a fence or bushes, so does that make that land public?
Paulw wrote: » You need to understand the legal difference between a public place, and public land. Private land can still be a public place. A supermarket car park is private land but is also a public place.
coylemj wrote: » But poster snap's point is that just because it's an open piece of land, that doesn't mean the owner is giving you implicit permission to park there and so you are technically trespassing. Not saying that would invalidate the speeding tickets, just dealing with this narrow issue.
coylemj wrote: » But poster snap's point is that just because it's an open piece of land, that doesn't mean the owner is giving you implicit permission to park there and so you are technically trespassing. Not saying that would invalidate the speeding tickets, just dealing with this narrow issue.And it would not qualify as a public place under the RTA - that requires you to have access 'as of right or by permission', neither of which would apply to a patch of ground that's off the public road, outside the farmer's gate but still within his private property.
Paulw wrote: » But it also doesn't mean that the land owner is not giving you implicit permission to park there. It's very unclear. If there was a sign saying "No Parking", etc, then it is clear. Otherwise, you can park there until requested to move, without breaking the law. Nah, I seriously doubt it would invalidate a speeding ticket.
