Complainer
Registered User
- Messages
- 4,949
Do you reckon there were plenty of non-disabled places around?
Clampers-The low of the low
- Thread starter papervalue
- Start date
Totally unenforceable penalty. I hope she didn't pay it.
OK, slight misquote - the poster didn't say 'plenty' but did say 'lots'. If what you're implying is that the poster was maybe exaggerating, well, I've seen many car parks, only half full for example, where there were around 6 or 7 free disabled spaces. I don't think it's that unusual.
I'm not defending the actions at all, I just think it's another case of the letter of the law rather than the spirit.
Can you expand on this - why exactly unenforceable?
Private land.
Penalty under an alleged contract between the driver and the landowner. Landowner must prove who was driving and entered into an alleged contract. Owner cannot assume that the owner is the driver. The owner is not obliged to tell them who was driving.
Landowner would have a huge burden to overcome.
I suggest reading this. It would also apply to Ireland.
Surely there is signage to indicate that people using disabled spaces must display an appropriate badge? If so, surely that in itself is a contract. No badge, no entitlement to park there. I know this policy is strictly enforced at the Blancharstown centre.
There is never an excuse for parking on the footpath.
And flashers don't make a difference,
Sure do we not read loads of threads in this forum about people having to step onto the road as footpaths are blocked.
Possibly no childs buggies around at 8am either but that's another issue.
But with the hazards on I suppose it's ok, sure don't they mean you'll only be a few minutes
Realy, the local council could look at ensuring deliveries in some areas are completed by 8am. I don't know if it's possible but it'd help and we would have fewer vans with hazards lights blocking bus lanes too. 8am is a peak time for buses
Not another one of those "oooh well the Brits do it, then it simply must apply to us".
Read this carefully - the governing legislation for clampers operating in this country (if any applies at all) is Irish law / Irish local authority bye-laws.
Complainer
Registered User
- Messages
- 4,949
Are you sure? How did Tesco get the driver's name and address?
Irish local authority bye-laws do not apply to private land.
The law of contract which is something that has been developed over hundreds of years applies in private situations.
Sorry to tell you that most civil conventions are still based on best practice developed by the British.
Any person can get a name and address from the VRO on payment of a fee. The didn't get the drivers name get got the owners name. Good luck to them getting the drivers name.
Any disabled bays painted on private land have no force in law. Whilst it may be morally wrong, it is not illegal to ignore them.
I hate this typically Irish attitude that because someone puts up a sign in a private carpark saying you must pay €80 etc then it must be legal and pay up. It is time that people realise it is a scam. These charges have no legal backing. It would be no more legal than me putting up a sign outside my house saying you agree to pay me €100 to park there. Would you pay? Of course you wouldn't. There is no difference except a sign is put up by Tesco/Dunnes/Euro Car parks, that does not make any more legitimate.
I dispair at times with the irish attitude.
You might have a point about Irish attitude but it also applies to parking. Without parking enforcement, some Irish drivers would throw their cars whereever suits them without regards for anyone else. Parking on footpaths or in disabled bays on private land might not be illegal but it's downright ignorant. There's a reason why cities and shopping centres pay money to have a clampng contrac. If drivers obeyed the law and displayed some decency, they wouldn't be needed.
what would happen if the person had been clamped instead of sent a fine, you can't get unclamped unless you pay the fee
That is true.
You then have the option of suing for recovery in a civil court. Clamping would come under the same principles, adequate signage, implied contracts, consent etc. There is case law from the UK that is persuasive but is not binding but the courts here would take notice of the precedent.
You can remove the clamp yourself if you do not damage it.
The private ticket on the windscreen (mail scams) that private parking companies operate are totally unenforceable for the reasons in my previous posts.
Complainer
Registered User
- Messages
- 4,949
True, but it is unclear from the original story whether the parking bay was on private land or on street.
Are you thinking about the Dept Transport Vehicle Registration Unit (VRU) in Shannon, as opposed to Revenue VRO's?
Are you certain about this service? Is it listed or advertised anywhere? Would this not breach Data Protection legislation?
I despair at times at the typically Oirish attitude of 'ah shure I'm just gonna be 5 minutes, and my time is much more important than anyone else's'.
Complainer
Registered User
- Messages
- 4,949
Where are the rules for this service defined? Why would it not be lawful for that poster to get the details in order to take a civil case against that driver?