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Options for enforcing no parking on a private road

Options
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Comments

  • Registered Users Posts: 10,184 ✭✭✭✭Marcusm


    I think that’s entirely unfair.

    Personally was trying to ascertain if parents had any other choice but to park in your estate or not.

    They are effectively parking in someone else’s drive; they have no right or entitlement. I despair when I read stuff like your post. It’s a short step from this to parking on pavements, in disabled bays and on corners just because you can’t be arsed to deal with the rules.


  • Banned (with Prison Access) Posts: 146 ✭✭salamiii


    put up a barrier you all might have to pay 100 euro each


  • Registered Users Posts: 10,184 ✭✭✭✭Marcusm


    I don’t live in an estate and couldn’t be paid enough to do so. I live in the countryside, there is no path outside my house though, occasionally people park their cars outside my house to walk their dogs in nearby woods. Again I’ve no issue with this.

    My children attend a country school 20 minutes drive from my house at which I park at the church car park and walk them to the gates.

    I’m not your problem here.

    I think you’ve received good advice here. Best of luck.

    You are comparing apples with potatoes. You don’t own the toad outside your house. If you have set back your front wall to ensure sight lines, you are perfectly entitled to set it up in a manner to preclude parking. Otherwise they are parking on a public road.

    This is an entirely different situation. Cyrus and his neighbours paid for the roads to be built (as part of their new build price) and they will pay to insure and maintain them via their service charges. They will need to ensure themselves against people walking and slipping/falling on the roads and paths to claim money. There is no god given or otherwise available right to park on probate property. Driving into your drive contravenes the law in precisely the same manner as parking in thet estate.


  • Registered Users Posts: 6,202 ✭✭✭The Continental Op


    salamiii wrote: »
    put up a barrier you all might have to pay 100 euro each

    I said put up a chain. Just needs an anchor point either side of the road. No need even for a padlock as parents picking up kids aren't going to stop to take it down.

    The other advantage of putting up any barrier even for a temporary period of time is that it establishes your right to do so and the fact that the land is private.

    I could drive in everyday of the week and turn around and say I didn't know it was private but there only needs to be a barrier up once for that argument to vanish.

    Wake me up when it's all over.



  • Registered Users Posts: 10,184 ✭✭✭✭Marcusm


    spyderski wrote: »
    It’s different because your driveway is unambiguously your property. The road through your estate is, by definition open to the public. Do you also want to stop bin lorries, tradesmen etc using the road to access properties in your estate?

    I think this problem is symptomatic of people being forced to live in communal type developments due to the land value. This is why I bought a detached house on its own plot. I couldn’t afford to buy a detached house in the same area now - I’d be also forced to buy in one of these communal developments. Council policy to increase housing density is also to blame.

    An ungated driveway is similarly “open to the public”, your assertions carry no water.


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  • Registered Users Posts: 10,184 ✭✭✭✭Marcusm


    Ridiculous parking but not relevant to this thread

    It’s entirely relevant. When people see your fellow members acting in this manner with impunity conjoined with relative inaction for other matter such as on pavement parking, double yellow parking etc, they feel that they can do the same thing themselves.

    There is a thing in the Irish psyche that we like to push the limits, thumb our nose at authority (maybe an anti-British thing). The effect of this is that we can rarely have nice things and not have them besmirched.

    Gardai should be like Caesar’s wife, ie above reproach, as opposed to poster children for rule breakers.

    Wasn’t if Bill Brattton who called it the broken windows theory - little infringements whic are allowed to be unpunished result in a greater impact of lawlessness on people generally.


  • Registered Users Posts: 10,184 ✭✭✭✭Marcusm


    salamiii wrote: »
    put up a barrier you all might have to pay 100 euro each

    They’ve paid 900k+ for the houses and likely 2k or more in management fees annually. I don’t think you see that the cost is not the issue.


  • Closed Accounts Posts: 106 ✭✭Kowerski


    Marcusm wrote: »
    They are effectively parking in someone else’s drive; they have no right or entitlement. I despair when I read stuff like your post. It’s a short step from this to parking on pavements, in disabled bays and on corners just because you can’t be arsed to deal with the rules.


    No it isn't


  • Registered Users Posts: 10,184 ✭✭✭✭Marcusm


    Kowerski wrote: »
    No it isn't

    It’s the same mé féin attitude. The worst parking in all Dublin is around schools. I hve seen parents drive up onto pavements only a few feet from toddlers to avoid slowing down traffic but with no thought as to how the tiny child might perceive a large metal object coming towards them at speed.

    I am hugely fat with bad knees and a hatred of exercise. I never, repeat never, park where I can establish i am not permitted to park. If a passenger wants to get out, I’ll make them walk from a lawful safe space. I don’t see my personal desires as being more important than those of others.


  • Registered Users Posts: 1,270 ✭✭✭spyderski


    Marcusm wrote: »
    They’ve paid 900k+ for the houses and likely 2k or more in management fees annually. I don’t think you see that the cost is not the issue.

    If cost is not the issue, given their concerns for privacy, they should probably have spent another €200k and bought a house on its own site. As I said, buyers remorse.


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  • Registered Users Posts: 19,672 ✭✭✭✭Cyrus


    spyderski wrote: »
    If cost is not the issue, given their concerns for privacy, they should probably have spent another €200k and bought a house on its own site. As I said, buyers remorse.

    I have a house on a private site , just have an issue with people parking in here when they shouldn’t .

    Thanks for the constructive advice and incorrect summary .

    Btw given your carry on with legal opinions etc you aren’t really in a position to judge , the irony is a joke.


  • Registered Users Posts: 985 ✭✭✭Vestiapx


    The frequency has no impact on the legality.

    Parking on private property is illegal - trespass.

    That's the bottom line.



    If you're not sure that you're on a public road, then don't park there - simple.

    What's the difference, I'm from the country so I genuinely have no idea what a private road or a public road looks like. I have no experience of what I assume is suburban living.


  • Registered Users Posts: 985 ✭✭✭Vestiapx


      Cyrus wrote: »
      If the sign on your way into a private estate says it’s private

      It’s probably private

      Ok, I've never seen that, so you live in an estate and when you drive in there is a sign that says private estate residents only and people are ignoring it ?


    1. Registered Users Posts: 1,270 ✭✭✭spyderski


      Cyrus wrote: »
      If the sign on your way into a private estate says it’s private

      It’s probably private

      Probably. Or the other possibility is the residents have put them up in a mistaken belief that the property is actually private.


    2. Registered Users Posts: 6,367 ✭✭✭iwillhtfu


      C3PO wrote: »
      Who actually owns the road? I would look into the legals around clamping people's cars - there are various requirements around signage etc.
      Cyrus wrote: »
      the residents, and yes im aware that there are requirements around signage

      What kind of estate is this that the residents own the roads yet you're looking for the council to take charge of it? The roads and common areas are usually the property of the developer prior to the council taking charge.

      Sounds like you're assuming the residents own it.


    3. Registered Users Posts: 19,672 ✭✭✭✭Cyrus


      spyderski wrote: »
      Probably. Or the other possibility is the residents have put them up in a mistaken belief that the property is actually private.

      Not the issue in our case so I’m not sure why you keep bringing it up


    4. Registered Users Posts: 985 ✭✭✭Vestiapx


      spyderski wrote: »
      Probably. Or the other possibility is the residents have put them up in a mistaken belief that the property is actually private.

      I once parked on a side street in Rathmines and was told by a aggressive man that it was private parking and residents only. I just left but there were no signs, now this was in 1995 iirc a d I hadn't thoughg about it till today.


    5. Registered Users Posts: 19,672 ✭✭✭✭Cyrus


      iwillhtfu wrote: »
      What kind of estate is this that the residents own the roads yet you're looking for the council to take charge of it? The roads and common areas are usually the property of the developer prior to the council taking charge.

      Sounds like you're assuming the residents own it.

      We do

      the council aren’t taking charge of it , I have pointed that out several times .


    6. Registered Users Posts: 985 ✭✭✭Vestiapx


      iwillhtfu wrote: »
      What kind of estate is this that the residents own the roads yet you're looking for the council to take charge of it? The roads and common areas are usually the property of the developer prior to the council taking charge.

      Sounds like you're assuming the residents own it.

      My brother lives in an estate and it was taken in charge by the council this year and he's very happy about it. Did he own it and the council donnow ?


    7. Registered Users Posts: 6,367 ✭✭✭iwillhtfu


      Cyrus wrote: »
      We do

      the council aren’t taking charge of it , I have pointed that out several times .

      You can't just say you own it because the council haven't taken charge of it. Did ye all buy the land and develop it or something.


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    9. Closed Accounts Posts: 4,872 ✭✭✭Sittingpretty


      Marcusm wrote: »
      You are comparing apples with potatoes. You don’t own the toad outside your house. If you have set back your front wall to ensure sight lines, you are perfectly entitled to set it up in a manner to preclude parking. Otherwise they are parking on a public road.

      This is an entirely different situation. Cyrus and his neighbours paid for the roads to be built (as part of their new build price) and they will pay to insure and maintain them via their service charges. They will need to ensure themselves against people walking and slipping/falling on the roads and paths to claim money. There is no god given or otherwise available right to park on probate property. Driving into your drive contravenes the law in precisely the same manner as parking in thet estate.

      Leave my toad out of this :D he’s done nothing to warrant public discussion!


    10. Registered Users Posts: 19,672 ✭✭✭✭Cyrus


      iwillhtfu wrote: »
      You can't just say you own it because the council haven't taken charge of it. Did ye all buy the land and develop it or something.

      They aren’t taking charge of it it’s not that they haven’t , they never will.

      Developer bought the land and developed it, once all the houses were sold the omc which owns and manages the common areas on behalf of the residents was transferred to us .

      Who do you think owns the land ?


    11. Registered Users Posts: 985 ✭✭✭Vestiapx


      Has this always happened but ue never noticed because you were at work and when work from home started the schools were shut?


    12. Registered Users Posts: 6,367 ✭✭✭iwillhtfu


      Cyrus wrote: »
      They aren’t taking charge of it it’s not that they haven’t , they never will.

      Developer bought the land and developed it, once all the houses were sold the omc which owns and manages the common areas on behalf of the residents was transferred to us .

      Who do you think owns the land ?

      I'd have said the developer or possibly nama but not the residents. I'm not sure why the council would take charge of an estate they believe to be owned or accessed privately it sounds like a nightmare scenario for them to try maintain roads, lighting etc. I'd say there main reason is it's incomplete development. Were there more houses planned?


    13. Registered Users Posts: 19,672 ✭✭✭✭Cyrus


      Vestiapx wrote: »
      Has this always happened but ue never noticed because you were at work and when work from home started the schools were shut?

      It’s not limited to the school we have had issues with people parking as long as I have been here , mostly visiting people in houses down the road and then also using our estate as a place to walk their dogs as the view is nice and it’s a place for them to defecate freely it would seem.


    14. Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


      iwillhtfu wrote: »
      I'd have said the developer or possibly nama but not the residents.

      You'd be wrong in the case of many recent developments.

      It is quite usual for the shared spaces to transfer to the Owners Management Company (OMC) upon completion.

      Each resident is a shareholder in the OMC so they do collectively own the estate.


    15. Registered Users Posts: 19,672 ✭✭✭✭Cyrus


      iwillhtfu wrote: »
      I'd have said the developer or possibly nama but not the residents. I'm not sure why the council would take charge of an estate they believe to be owned or accessed privately it sounds like a nightmare scenario for them to try maintain roads, lighting etc. I'd say there main reason is it's incomplete development. Were there more houses planned?

      It’s fully complete I’m not sure why you think otherwise? And it was a condition of planning that they wouldn’t take it in charge . It’s not uncommon so I’m not really sure what you are getting at .

      We maintain the grounds and the lighting and the rest.

      Again this is all beside the point .


    16. Registered Users Posts: 6,367 ✭✭✭iwillhtfu


      Graham wrote: »
      You'd be wrong in the case of many recent developments.

      It is quite usual for the shared spaces to transfer to the Owners Management Company (OMC) upon completion.

      Each resident is a shareholder in the OMC so they do collectively own the estate.

      Perhaps it's a Dublin thing as I know of plenty of completed developments yet none with management companies.

      If that's the case I fail to see why OP can't just do as previously mentioned and put in gates or clamping and forget about the council taking charge as it obviously wont happen.


    17. Registered Users Posts: 985 ✭✭✭Vestiapx


      Cyrus wrote: »
      It’s not limited to the school we have had issues with people parking as long as I have been here , mostly visiting people in houses down the road and then also using our estate as a place to walk their dogs as the view is nice and it’s a place for them to defecate freely it would seem.

      I'd have serious issues with the dog dirt but is that not something you could use to your advantage ? Get some of the dirt analysed and there will likely be something in it that will be a danger to the local kids or dogs and use this as leverage . Next as a group of high net worth individuals you should employ someone to lobby on your behalf in order to get automatic gates approved. Nothing is set in stone and any spend will more than be made up for in the resulting gain in house prices.


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    19. Registered Users Posts: 19,672 ✭✭✭✭Cyrus


      iwillhtfu wrote: »
      Perhaps it's a Dublin thing as I know of plenty of completed developments yet none with management companies.

      If that's the case I fail to see why OP can't just do as previously mentioned and put in gates or clamping and forget about the council taking charge as it obviously wont happen.

      Maybe it is Dublin or specific to some of the cc’s not sure.

      You need planning for gates and it’s unlikely to be granted but we may try again.

      And yes clamping is an option.


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