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Parking in Thornleigh Estate, Applewood?

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  • 12-03-2008 10:56pm
    #1
    Registered Users Posts: 1,593 ✭✭✭


    Hi,I live in the Thornliegh estate in Applewood.On my road we have an awful problem with parking at the moment.We have parking bays on our road and there is more than enough spaces to go round for everybody on our road.The car parking spaces aren't assigned but that's not a problem as most people just park in front of their own house and everybody has a mutual understanding.The problem is there is an apartment block around the corner which has absolutely nothing to do with our estate.It was built by Gannon Homes and our estate was built by heritage properties.The residents of the apartment block have taken to parking in our spaces and it's just getting more and more frustrating.I'm having to park further and further away from my house because some guy who lives in a different estate parks in front of my house.I mean if it was a neighbour living on my road I wouldn't mind but this apartment block has only been there a couple of years and our houses and parking bays have been there nearly six years.We have no management company and nobody to clamp illegally parked vehicles.So my question is,is there anything I can do if a car from a different estate parks in front of my house? Can I clamp him with my own clamp or is that illegal?


Comments

  • Registered Users Posts: 1,593 ✭✭✭PWEI


    Sorry I meant to put this topic in North County Dublin,can it be moved please.


  • Closed Accounts Posts: 6,131 ✭✭✭subway


    in what way are they illegally parked?


  • Registered Users Posts: 78,392 ✭✭✭✭Victor


    Are the parking spaces controlled by a management company or the council? You seem to indicate there is no management company.

    Potentially, you ask the council to put in pay and display type parking with residents permits. I imagine the permits will cost €50-100 per year.


  • Registered Users Posts: 1,593 ✭✭✭PWEI


    subway wrote: »
    in what way are they illegally parked?


    They are parked in residents parking spaces,that's illegal in my book.It doesn't matter if the spaces are not controlled by a management company or not.If I went down to their apartment block and parked in the basement,I'd be clamped.


  • Registered Users Posts: 18,987 ✭✭✭✭Del2005


    PWEI wrote: »
    They are parked in residents parking spaces,that's illegal in my book.It doesn't matter if the spaces are not controlled by a management company or not.If I went down to their apartment block and parked in the basement,I'd be clamped.

    If you have no MC that means it a council run estate. Once the cars are taxed then they can park anywhere they want once they aren't blocking access. Just because there is a space painted outside your house it doesn't mean you own it, if it's a public road.

    The only way to stop people parking is to get double yellow lines or as Victor said get pay and display put in by the council.

    The apartment block is private property and therefore they can make up their own rules.


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  • Registered Users Posts: 1,593 ✭✭✭PWEI


    Del2005 wrote: »
    If you have no MC that means it a council run estate. Once the cars are taxed then they can park anywhere they want once they aren't blocking access. Just because there is a space painted outside your house it doesn't mean you own it, if it's a public road.

    The only way to stop people parking is to get double yellow lines or as Victor said get pay and display put in by the council.

    The apartment block is private property and therefore they can make up their own rules.


    The houses are private property also and my purchase agreement dictates I have two car parking spaces.So your telling me Joe Bloogs can park in those spaces while I have to park down the road just because he pays his car tax and we have no MC.That doesn't make a hell of a lot sense to me,it's not a public road in front of my house it's purpose built parking bays which were
    built for the houses.


  • Registered Users Posts: 18,987 ✭✭✭✭Del2005


    PWEI wrote: »
    The houses are private property also and my purchase agreement dictates I have two car parking spaces.So your telling me Joe Bloogs can park in those spaces while I have to park down the road just because he pays his car tax and we have no MC.That doesn't make a hell of a lot sense to me,it's not a public road in front of my house it's purpose built parking bays which were
    built for the houses.

    You never said that you had 2 spaces, from your 1st post you said the spaces where unassigned. Why not buy a couple of clamps yourself, put up a note outside your house and clamp people who park there. You have the same rights to do this as a MC or any other private clamper, but you may need to apply for a secuirty licence. Otherwise get some traffic cones and leave them out side your house, see that in a lot of places where parking is hard to come by.

    Or else get something similar to these and put them in the 2 spaces outside your house, not ideal but may be least hassle.

    http://www.liongateautomation.co.uk/product.asp?numRecordPosition=1&P_ID=1288&strPageHistory=cat&strKeywords=&SearchFor=&PT_ID=199


  • Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    Del2005 wrote: »
    Otherwise get some traffic cones and leave them out side your house, see that in a lot of places where parking is hard to come by.

    Or else get something similar to these and put them in the 2 spaces outside your house, not ideal but may be least hassle.

    http://www.liongateautomation.co.uk/product.asp?numRecordPosition=1&P_ID=1288&strPageHistory=cat&strKeywords=&SearchFor=&PT_ID=199

    Tbh, people will often move cones and take your space especially to spite you. They' take your space before all other spaces.

    That link is a good product, get that or something similar.

    Or sell the car and buy a motorbike, problem solved!


  • Closed Accounts Posts: 6,131 ✭✭✭subway


    PWEI wrote: »
    They are parked in residents parking spaces,that's illegal in my book.It doesn't matter if the spaces are not controlled by a management company or not.If I went down to their apartment block and parked in the basement,I'd be clamped.
    illegal in your book is not illegal in the law.
    if, as you have added, own 2 spaces then you should be able to find out which two are yours.

    if you parked in the underground car park you would be parked on private property and would be clamped by the MC, not the council.

    if someone parks outside on your property you would have to call the guards as i dont think your allowed to just clamp someone (might be hazardous to your helath also :()

    check with the solicitor for the purchase as to which spaces are yours and start by painting "reserved for number 22" on them, if that doesnt work invest in the above bollards as a simple solution.

    if theyre not your spaces, ie, communal or public, you could be charged with vandalsim so check with a solicitor first


  • Registered Users Posts: 208 ✭✭orbital83


    OP - if you're in an estate under the council's charge and have issues with this, you need to get the council to enforce parking restrictions - disc parking, permits, etc.

    If you're in a private estate, you could get the management company to hire a private clamper. Legislation in this area is hazy - and signage needs to be erected to ensure people are aware of clamping and know how to contact the clamping company. Presumably, someone will have to pay for the private clampers' services.

    If considering taking any other vigilante measures, I'd be wary of the full force of the law coming down upon you.
    It sounds to me like the estate is public and parking is not restricted - so everyone is entitled to park there provided they're not blocking access and are abiding by the rules of the road.

    Personally, if I found myself clamped in such a scenario, I'd be considering this a violation of private property and calling the cops and my solicitor immediately.


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  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    You say your contract gives you two spaces. Does it actually say you have two spaces or that you are entitled to park two cars in spaces in the car park - big difference there.

    I live in a mixed development with unallocated parking. Even the houses with spaces outside their doors are not automatically entitled to the spaces outside their door, and rarely get them. If I get in after 8 in the evening then I usually have to park in the furthest car park from my house. Nothing I can do about it either.

    All the joys of living in a development with unallocated parking, much as you'd like to you have no right to any specific parking space.

    Sorry to sound cruel but it's basically tough luck. One of the things that probably never occurred to you at purchase and now you find out when it's too late.


  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    PWEI wrote: »
    my question is,is there anything I can do if a car from a different estate parks in front of my house? Can I clamp him with my own clamp or is that illegal?

    Check to see whether you have a parking space (or indeed 2) vested in your title deeds- but I very much doubt that you do. Your estate was taken in charge by Fingal years ago- which is partly why the council agreed to sort the problem with the estate being overlooked at the rear, and also why there is a nice new playground currently up for tender (in Thornleigh Crescent). Unfortunately it very much seems that there may have been "an understanding" in place that has very little foundation in law. It was very convenient for you and your neighbours parking in front of your houses for a long time- unfortunately the residents of the apartment complex have the exact same right as you have.

    If you choose to clamp one of these vehicles yourself you could be willfully obstructing the owner from removing it from a place of public parking and they could potentially seek recompense from you (if they could prove it was you who clamped it). If the vehicle is actually obstructing your entrance- you can call the Gardai or the council and request that the car be removed. The council will probably take a dim view of this (unless the car has been abondoned)- I'm not sure what the Gardai would do........


  • Closed Accounts Posts: 2 Gabiria0


    Hi. I do not know if you got anywhere with this parking issue. But I live in Thronleigh too and contacted the County Council about some other issue I am having, only to find out that the Developer has not handed over the Estate to the Council yet which means, the County Council cannot take any action on the Estate.

    As you mentioned it is over 6 years now since we got the houses and unfortunatelly we seemed to be on no man's land.


  • Registered Users Posts: 10,846 ✭✭✭✭eth0_


    Get one of those bollards put in your parking space - you know the ones you can put up and lock once you've moved your car out of the space, and then you unlock it and put it down when you come back.


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