Clamping in housing estates

matt-dublin

MugMugs wrote: »

The RTA applies to a public place. So a "private" area is therefore a public place.

It's only public ally accessible private land so the RTA doesn't apply in terms of clamping unless the council have taken ownership of the land. Technically it's a large private car park. Gards can't enforce parking restrictions, only an authorised private entity can.

In Greystones the link road used to be private and the guards had to wipe a load of speeding offences because they weren't authorised to be on the private land.

Few people had dangerous driving offences quashed as well.

markpb

markpb wrote: »

There are parking regulations, they're written into national law. There's nothing stopping the Gardai or council traffic wardens from wandering into your estate and enforcing the law today. Parking on the footpath is illegal. Parking on bends is illegal. Obstructing the road from any road user, not just other drivers, is illegal. Just because they historically haven't been enforced doesn't mean it will never happen.

Absolutely no chance of that happening, wardens wouldn't come within 5 miles of the estate as it too far outside town and the guards have better thing for doing the interfering in how everyone in an estate parks without complaint.

MugMugs

matt-dublin wrote: »

It's only public ally accessible private land so the RTA doesn't apply in terms of clamping unless the council have taken ownership of the land. Technically it's a large private car park. Gards can't enforce parking restrictions, only an authorised private entity can.

In Greystones the link road used to be private and the guards had to wipe a load of speeding offences because they weren't authorised to be on the private land.

Few people had dangerous driving offences quashed as well.

Which runs contrary to

kceire wrote: »

The RTA applies on a private, non gated or gated housing estate.

Which my quoted post was replying to.

Also, the RTA defines a Public Place as

RTA wrote:

(iv) by the substitution for the definition of “public place” of the following definition:

“‘public place’ means—

(a) any public road, and

(b) any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;”;

Long and short of it is that clamping is a wildly grey area under current law (with the exception of local councils)

There have been threads in Motors whereby people have cut clamps in the past and sent them back to NCPS in terms of storage invoices for their clamps taking up room in that persons boot (check it out here)

They've also quoted

RTA Section 113 wrote:

section 113 1961 RTA
http://www.irishstatutebook.ie/1961/...nt.html#sec113

RTA 1961
Unauthorised interference with mechanism of vehicle.
113.—(1) A person shall not, without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle while it is stationary in a public place, or get on or into or attempt to get on or into the vehicle while it is so stationary.

I am not condoning criminal damage by any stretch but I am saying that as it stands, it appears acceptable for management companies to employ individuals to breach the above RTA. I wouldn't accept anybody disabling my vehicle unless i specifically ask them to do so.

Marcusm

Pablo Hundreds Volt wrote: »

Absolutely no chance of that happening, wardens wouldn't come within 5 miles of the estate as it too far outside town and the guards have better thing for doing the interfering in how everyone in an estate parks without complaint.

Ah ha, now I understand your position; it's perfectly acceptable for you to break the law and discommode others because you don't believe you will be caught.

On other threads, moderators would generally chastise those who advocate unlawful activities.

mariaalice

A lot of it is to do with initially buying the house, if the house only come with one parking space and the person is fully aware of this when buying the house they cant complain afterwards or even worse say 'it will be grand and think they will find a way around it'. There are planning guideline re parking.

andekwarhola

We had clamping on our estate for years and I never got clamped. Presumably it had something to do with paying my management fees, remembering to text in guests and not parking incorrectly.

intheclouds

andekwarhola wrote: »

We had clamping on our estate for years and I never got clamped. Presumably it had something to do with paying my management fees, remembering to text in guests and not parkingincorrectly.

We have it on ours and a number of residents have been clamped incorrectly. These are people who are paying their fees, remembering to text in guests and not parking incorrectly.

Of course the clamping company still want to be paid when this happens, and insist that the internal appeals process is followed.

My understanding is that people do not even bother to follow up with the clamping company anymore as they are a nightmare to deal with and in such a situation are deducting it from their management fees and telling the managing agent to recoup from the clampers.

It seems to be having the desired effect as I havent seen a clamper near the place in months.

andekwarhola

Must say I've never experienced any of these magical estates where so many otherwise diligently parked and fully paid up residents fall foul of mysterious clamping for no reason. Maybe I've just been lucky.

intheclouds

andekwarhola wrote: »

Must say I've never experienced any of these magical estates where so many otherwise diligently parked and fully paid up residents fall foul of mysterious clamping for no reason. Maybe I've just been lucky.

meh - clampers are humans, mistakes happen. Not really anything magical about it - youd be a bit naive if you believed that to be the case.

The_Conductor

MugMugs wrote: »

Doesn't the Road Traffic Act state "public place" Could one not assume that an area free of gates and with no restriction of access not be classed as a public place?

Nope. We've been to court with the Office of Public Works- who inferred this on a road we built and maintain (its an open access road through a bog (that we own) that they would like to use- but not pay towards maintaining). They lost. Its not a residential road- no- but the same principle applies.