bporeilly  
Gavel

B.P. O'Reilly

Legal Services For Individuals

Legal Services For Business


Clamped on a right of way

I have been clamped a number of times by private clampers in an apartment complex through which I have a right of way. I cut the clamps and the gardai have charged me with criminal damage. What right do the clamping company have of preventing me from earning a living? Regards. Leo Finn.

Hi Leo. 

 

A right of way is just that – it is a right to pass and re-pass over the area but not occupy it.  You therefore can’t park on the right of way unless you have some other rights, you can only drive through it. 

 

If there are signs up warning you that you can be clamped if you are not authorised to park, then you can’t park.  If the warning signs also provide that clamping is in operation and the financial penalty declared then, as the law stands at the moment, you may be clamped.  There have to be enough signs for a reasonable person to notice the signs. 

 

Is it a criminal offence?  If you genuinely believed that you had the right to do what you did, then you may get off but I don’t want to answer this question definitively based on the brief question that you have supplied. 

 

You should get an experienced criminal solicitor to defend you and don’t go to court alone on this one.  If you lose you will have a criminal record. 

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

Newstalk latest


B.P.O’REILLY & COMPANY SOLICITORS & NOTARIES ARE LAWYERS BASED IN DUBLIN IRELAND SPECIALISING IN LEGAL AND NOTARY SERVICES FOR BUSINESSES AND INDIVIDUALS WHO NEED ADVICE AND REPRESENTATION IN LOCAL, NATIONAL AND INTERNATIONAL CASES.

HEAD OFFICE: B.P O'Reilly & Co. Solicitors, Coric House, Main St, Tallaght, Dublin 24, Republic of Ireland.

Telephone: (01) 4525211      Fax: (01) 4525436

[International (+353-1) 4525211 Fax: (+353-1) 4525436]         

 E-mail: general@bporco.ie

© B.P.O'Reilly & Company Solicitors 2002-2008.

The information contained in this website is of a general nature and should not be relied on in every circumstance
involving what is written and/or said involving the services of B.P.O'Reilly & Company. Consequently, no responsibility will be taken by the site promoters as to the accuracy of its contents. If you have a specific query please contact B.P.O'Reilly & Company.