parking in housing estate

M

mary37

Guest
Can someone please tell me where does the line of obstruction lie in someone parking out side your drive way How far to each side outside your house is 'your 'space?

Imagine a scenario where you have a lawn /driveway /lawn. if someone parks opposite the lawn, not blocking the driveway but making it difficult to turn and get out if someone parks at the other lawn side is that an offence. Or can they park opposite the lawn so long as they do not block the actual drive way?

thanks in advance for any advice
 
What if there are cars at both sides not in front of exit but so close you cannot turn?
 
Most parking rules are set down in the 1997 parking regulations (google S.I. 182/97).
Article 36 (2) (g) prohibits parking “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”.
You need to judge if your circumstances fall inside this definition. Hope this helps.
 
Fullback said:
that will result in the vehicle obstructing an entrance or an exit for vehicles to or from a premises, .
Click to expand...
what about partially ob striuct as in parking on footpaths. The law is that you can't park partly or wholly on a path isn't it? Would that apply in OP case or would they have to show that being partly in front of house, if i understand it correctly,is blocking them access?
 
SmithTown,
There are two strands to this.
As you say, the regulations state that it’s illegal to park on a public footway so if that is the problem the OP may have cause for a complaint to the Gardaí on that basis alone. I think the greater problem is convincing the Gardaí to get involved in such disputes. It’s way down their list of priorities. Often, it’s better to deal with it through the local residents’ association.

As for partial obstruction, the regulations just aren’t that specific. It’s a matter of interpretation whether or not access is obstructed.
 
Last edited by a moderator:
Ring the local council and ask if they can add you to the list for the next time they are doing road markings and they will paint a yellow box outside your drive to help show people that parking would obstruct you.
However, they will only mark the length of the drive entrance and people will squeeze in close anyway if they need to park.
 
In most cases there is just not enough parking spaces in housing estates. Builder/developers concentrated squeezing as much property into the land as possible without taking into account the need for proper parking. Where I live 2bed appartments have 4 occupants with 4cars. This is leading to cars being parked on footpaths, which in itself is a safety concern. These idiots park completely covering fire hydrants and have no problem parking on bends!!
 
1234 said:
... The space outside your property is either Public (maintained and/or owned by your Local Authority) or Private (the land is owned by a third party ie. a Developer in a Housing Estate)....
Click to expand...

Mary,

Is yours a public or a private estate?

aj
 
I walk to work every day and sometimes end up walking on the public road because the footpath is blocked because of parked vehicles. The Gardai couldnt care less - only in Ireland!
 
I've had this problem and contacted the Gardai. To be honest I got nowhere, they told me that if the path is not lipped, then there is very little that can be done about it. I now park my car away from my home because its impossible to gain access to my property in a vehicle. I really feel for the OP, its most annoying.
 
ajapale said:
Mary,

Is yours a public or a private estate?

aj
Click to expand...
it is a council estate but is not taken over by council yet and is ownd by developer as far as i know. Where they park is also blocking a fire hydrant, can the fire department put a sign or bollard there?
 
There is normally 'H' mark on the hydrant cover and a small concrete post with a yellow 'H' on it also. If there is a fire or if the hydrant needs to be flushed the fire brigade will pull the idiots car away from the area!!
 
I live in a small block of Houses/Apartments with parking on private property on 3 sides of the block. Most of the time there is plenty space for residents and visitors but about 4 months of the year a local club trains near the block and uses our spaces. They are there from 7 to midnight up to 5 nights a week. If I get home late I can't park outside my house, if I get home early I have to park carefully or I'll be blocked in. The head of the residence association is afraid to confront them in case they damge our cars in retaliation as they have already removed the no parking signs. It would be an idealic place to live if it weren't for this club and with negative equity unfortunately moving isn't an option
 
The management company need to get a permit system going, and then engage a clamping company. It will cost a few quid, but will solve the problem fairly quickly.

Or you could try engaging with club officials - surely they would do something about this kind of anti-social behaviour.
 
Before we start talking about Gardai, council and management company involvement, how about we try a centuries old technique to address the problem....

Communication....

Why not leave a note under the windscreen wiper of the cars in question, written in a friendly and breezy tone, just to explain that you don't have a problem with them parking there but would it be possible, maybe for them to leave a little more room either side of the drive way, as it makes it very difficult to swing in and out and you would hate to catch their car with yours because then you'd have to pay for repairs to both and it would be such a hassle......etc etc etc etc.....
 
Agree with Petrolhead, except would not accept liability for damage caused trying to access your house. They may be held at least partly liable for parking so as to make it difficult to get in or out of your driveway.
 
Hello all, I have a similar question/query.... In our estate (which is a cul-de-sac) and on Sunday last there were cars parked alongside the kirb of the green opposite their house and also parked on the footpath at their house. These cars were belonged to guests visiting as their driveway which can take 2 cars was full. This left a very very narrow space for cars to pass through. There were empty car spaces available just a small bit up the road (and when I say small bit - you're talking about 15-20 yards or less!) My question is this - what are the legalities regarding this and would a Residents Assoc have any power to stop this and if so how would they go about it. Bear in mind that the estate is in limbo at present as the bond has not been handed over as the developers are in administration and the council won't tough anything for fear of admitting responsibility until the result of the court case etc.
I would appreciate any help legally in confronting this situation on a neighbourly fashion e.g. a letter to all households in the estate suggesting that their guests use the parking spaces provided - but need to know how far we can go about having no parking along kirbside of green etc.
We have a meeting tomorrow evening and would love to have some information on how to handle this nicely while enforcing the problem to stop.
Many thanks.
 
Basically you can't enforce anything. The residents association can put out a circular and ask that people park considerately and advise their guests to do likewise but it's purely appealing to people's better nature. Road traffic law doesn't apply if it's not a public road.
 
shesells said:
Basically you can't enforce anything. The residents association can put out a circular and ask that people park considerately and advise their guests to do likewise but it's purely appealing to people's better nature. Road traffic law doesn't apply if it's not a public road.
Click to expand...
that is not correct
 
You must log in or register to reply here.
Back
Top