People parking across my driveway!

Mack_1111

Does anyone know what options are available to me? As we speak I can't enter or leave my property by car as the neighbour has literally parked across my driveway, there's no one at home when I knocked... There's a lot of Holliday homes in the estate so we tend to be subject to a lot of careless and selfish parking!
Is there a role for the Gardai or am I within my legal right to have the car towed away?

SpaceTime

If it's a public road and not a private estate with a management company call your local Garda station. If you're in a city or town with its own parking wardens, ring the city council.

It's illegal to block an entrance.

If it's private property you'd need to contact management co

foggy_lad

Mack_1111 wrote: »

Does anyone know what options are available to me? As we speak I can't enter or leave my property by car as the neighbour has literally parked across my driveway, there's no one at home when I knocked... There's a lot of Holliday homes in the estate so we tend to be subject to a lot of careless and selfish parking!
Is there a role for the Gardai or am I within my legal right to have the car towed away?

The Gardai will put a ticket on the vehicle as it is blocking access to your house, but you might have to insist on them doing that. they can also try to contact the owner to tell them to stop blocking your driveway but the best thing you can do is leave your own car parked across your drive.

Arthur Beesley

foggy_lad wrote: »

The Gardai will put a ticket on the vehicle as it is blocking access to your house, but you might have to insist on them doing that. they can also try to contact the owner to tell them to stop blocking your driveway but the best thing you can do is leave your own car parked across your drive.

Or the neighbours driveway.

daz1988

contact a recovery firm and get it removed also contact the cops get it sorted

TireeTerror

Can someone point out to me what law specifically covers this subject. I am not convinced that it is illegal to park in front of someones driveway if there is no vehicle in there. If a car is parked there, then possibly that is obstruction as they cannot get onto the highway, but if its empty then I don't see what law is being broken.

I am not Irish, so rules may well be different here, but I would like to know for certain by seeing a link to the specific issue.

SpaceTime

daz1988 wrote: »

contact a recovery firm and get it removed also contact the cops get it sorted

I'd be careful about having it moved yourself. The Gardai or council are your best bets.

Council might actually be more helpful as they'll be getting revenue from fine !

TireeTerror

Mack_1111 wrote: »

Does anyone know what options are available to me? As we speak I can't enter or leave my property by car as the neighbour has literally parked across my driveway, there's no one at home when I knocked... There's a lot of Holliday homes in the estate so we tend to be subject to a lot of careless and selfish parking!
Is there a role for the Gardai or am I within my legal right to have the car towed away?

You could lift the rear of the car on two trolley jacks and push it out of the way, the handbrake only brakes the rear tyres.

Just be careful you dont set the alarm off!

Animord

I live in a place that has a right of way through someone elses front gate (its complicated) during a brief period of dispute a few years ago they locked what is effectively their own front gate but our solicitors told them they couldn't because there had to be access at all times for not only us but emergency vehicles if required.

You might find something under rights of way.

SpaceTime

TireeTerror wrote: »

You could lift the rear of the car on two trolley jacks and push it out of the way, the handbrake only brakes the rear tyres.

Just be careful you dont set the alarm off!

Also be careful it's not a hybrid. They can be damaged by towing on front wheels !

L1011

Or a 4x4, or a RWD car... basically - just don't.

dubscottie

TireeTerror wrote: »

Can someone point out to me what law specifically covers this subject. I am not convinced that it is illegal to park in front of someones driveway if there is no vehicle in there. If a car is parked there, then possibly that is obstruction as they cannot get onto the highway, but if its empty then I don't see what law is being broken.

I am not Irish, so rules may well be different here, but I would like to know for certain by seeing a link to the specific issue.

S.I No 182/1997 Road Traffic (traffic and parking) Regulations 1997

36. (2) A vehicle shall not be parked—

( g ) in any place, position or manner that will result in the vehicle obstructing an entrance or an exit for vehicles to or from a premises, save with the consent of the occupier of such premises;

Having major problems myself with people blocking my drive. They think that because its a motorbike, its Ok to block me in..

Call the Garda and get onto your local councillor.

greasepalm

heard of a similar case 30 years ago,punter would park across closed gate with no parking on it and was told by owner dont park there or else he would move car,next time he parked there he found his car had moved 30 ft sideways result in impact of been moved by a semi,think the car was banana shaped and never parked there again.
first thought as its your neighbours ask them not to park there as you need access to driveway.

TireeTerror

dubscottie wrote: »

S.I No 182/1997 Road Traffic (traffic and parking) Regulations 1997

36. (2) A vehicle shall not be parked—

( g ) in any place, position or manner that will result in the vehicle obstructing an entrance or an exit for vehicles to or from a premises, save with the consent of the occupier of such premises;

Having major problems myself with people blocking my drive. They think that because its a motorbike, its Ok to block me in..

Call the Garda and get onto your local councillor.

Interesting. Now I wonder if this actually applies to a persons house, and in particular a driveway. From what I have seen, a house would typically be referred to as a dwelling or a private dwelling and perhaps not as a premises. I think there is a chance that a premises would be a commercial site.

Anyone have any idea where we could clear the definition up? I know it may seem pedantic, but when it comes to the law, it can be very specific.

The_Morrigan

TireeTerror wrote: »

Interesting. Now I wonder if this actually applies to a persons house, and in particular a driveway. From what I have seen, a house would typically be referred to as a dwelling or a private dwelling and perhaps not as a premises. I think there is a chance that a premises would be a commercial site.

Anyone have any idea where we could clear the definition up? I know it may seem pedantic, but when it comes to the law, it can be very specific.

The law can be pedantic and it can be very very liberal in its interpretation. I would say they didn't define the term premises for that very reason...they are leaving it up the the interpretation of the Gardai.

MugMugs

All public places are subject to the road traffic act be it under a management company or the council. To say that it's not would mean I could drink a bottle of Jack and Mill around my estate in my car and Mill all the playing children out if it and not be touched by the Gardai.

Op, call the Gardai. Keep calling them until they ticket the car and when the owner comes back go outside and tell them to stop being so outright inconsiderate.

Marcusm

TireeTerror wrote: »

Interesting. Now I wonder if this actually applies to a persons house, and in particular a driveway. From what I have seen, a house would typically be referred to as a dwelling or a private dwelling and perhaps not as a premises. I think there is a chance that a premises would be a commercial site.

Anyone have any idea where we could clear the definition up? I know it may seem pedantic, but when it comes to the law, it can be very specific.

Premises is a term of the broadest application - it could apply to a yard, a dwelling house, a public house, a factory etc. this is coherent with the purpose of the provision which is to enact a general prohibition on causing nuisance by denying people vehicular access to their properties.

If it is a driveway onto a public road then there will likely also be a prohibition on parking in front of a dropped footway.

TheQuietFella

dubscottie wrote: »

S.I No 182/1997 Road Traffic (traffic and parking) Regulations 1997

36. (2) A vehicle shall not be parked—

( g ) in any place, position or manner that will result in the vehicle obstructing an entrance or an exit for vehicles to or from a premises, save with the consent of the occupier of such premises;

Having major problems myself with people blocking my drive. They think that because its a motorbike, its Ok to block me in..

Call the Garda and get onto your local councillor.

Wouldn't it be just easier to tell the person not to park there?

No Pants

TheQuietFella wrote: »

Wouldn't it be just easier to tell the person not to park there?

That should be the first port of call, yes.

SpaceTime

Stick a note in a plastic cover on the window saying that if they park there again both the Gardai and council will be informed and you will seek to have the car removed and impounded.

Stojkovic

Take the number plates off it and then the council will remove it.

Or block the bastard so he cant move the car and go to the pub.

The_Morrigan

Stojkovic wrote: »

Take the number plates off it and then the council will remove it.

Or block the bastard so he cant move the car and go to the pub.

Please don't come on here and advocate stupid behaviour like this! Also, watch your language, there is no need for it.

dubscottie

TheQuietFella wrote: »

Wouldn't it be just easier to tell the person not to park there?

Been there, done that.. I don't own a car (Motorbike.. That is how close they park) so I have no legal right to use my drive according to the person over the road..

SpaceTime wrote: »

Stick a note in a plastic cover on the window saying that if they park there again both the Gardai and council will be informed and you will seek to have the car removed and impounded.

Done that. Council can't do anything till Sept in my case but the Garda were quick to come out last time..

Just to add to what Marcusm said.. The law also states "save with the consent of the occupier of such premises" which means that even if you rent you are entitled to access unless the owner of the property says otherwise..

Sorry for jacking your thread OP..

unattendedbag

"Been there, done that.. I don't own a car (Motorbike.. That is how close they park) so I have no legal right to use my drive according to the person over the road.."

Unfortunately you have an ignorant pr**k of a neighbour. The law is clear above that you cannot block access to another's driveway. Doesn't matter if it's a motorbike or car or lorry. Even if u have a skip sitting in your driveway they can't block it in. What if you were late for work or had a medical emergency only to find your car blocked in and no public transport.

Call the Gardai. They will come out to see if your access is completely blocked. They will then do a reg check and make attempts to contact the owner and ask them to move, and failing that the last resort is to call the tow truck.

the_syco

Mack_1111 wrote: »

As we speak I can't enter or leave my property by car as the neighbour has literally parked across my driveway, there's no one at home when I knocked...

Ring the local Garda station, and ask for their recommended towing company.

Pawwed Rig

Had the same issue myself. Gardai arrived and flaffed about for a while knocking on doors to see if they could find the owner. When they couldn't they went off without giving a ticket or recomending a tow truck or any other action.
Council were worse than useless. They said they would send a tow truck around but I had to wait in the house for it. I waited 6 hours and made numerous calls but they never showed. Car was still there in the morning so I called them again to be informed they cancel the requests after a certain amount of time and they woukld add me again (to the bottom).

I fairly lost the rag when I confronted the owner of the car later that day when he eventually showed up.

foggy_lad

Pawwed Rig wrote: »

Had the same issue myself. Gardai arrived and flaffed about for a while knocking on doors to see if they could find the owner. When they couldn't they went off without giving a ticket or recomending a tow truck or any other action.
Council were worse than useless. They said they would send a tow truck around but I had to wait in the house for it. I waited 6 hours and made numerous calls but they never showed. Car was still there in the morning so I called them again to be informed they cancel the requests after a certain amount of time and they woukld add me again (to the bottom).

I fairly lost the rag when I confronted the owner of the car later that day when he eventually showed up.

Next time insist on the Guards issuing a ticket for the offence or contact their superiors, otherwise what use are they?

Pawwed Rig

foggy_lad wrote: »

Next time insist on the Guards issuing a ticket for the offence or contact their superiors, otherwise what use are they?

Fair point but a ticket is no good to me really when I still can't get out.

TheQuietFella

Pawwed Rig wrote: »

Fair point but a ticket is no good to me really when I still can't get out.

To be honest what are you doing posting it here & complaining about it?
Stop expecting others to sort out 'your' problem by dealing with it yourself
in either a conventional or unconventional manner.

the_syco

TheQuietFella wrote: »

To be honest what are you doing posting it here & complaining about it?
Stop expecting others to sort out 'your' problem by dealing with it yourself
in either a conventional or unconventional manner.

Read the thread. His problem was sorted. The posted you quoted was not him now, but him in general.

The_Morrigan

Folks, if one more person comes on this thread and mentions wing mirrors mysteriously disappearing, or cars being keyed overnight or hitches causing damage to cars. I will hand out bans.

Criminal behaviour is not to be encouraged here.