A MAN who lived in a yellow van with his own postbox and bird coop outside has lost his challenge against the gardaí for the forfeiture of the vehicle, after they said it was parked illegally on the roadside.
Encho Kirilov, who now lives in Kilbrittain, challenged a policy property application made by gardaí at a recent sitting of Bandon District Court for the forfeiture of his Mercedes van.
Sgt Ruairí Gunn of Bandon Garda Station told the court that Mr Kirilov has been living in a van at various locations around Bandon for several years before he ended up parking up at the carpark of The Ash Tree Bar on the N71 Bandon to Clonakilty Road.
He said that the owners of the Ash Tree Bar then erected barriers in the car park restricting access to the car park.
‘Mr Kirilov moved his van outside these barriers onto the roadside. He erected a post box on a wall next to his van and put out a deckchair in front of it and had a bird coop set up also,’ said Sgt Gunn.
‘I examined the area and was satisfied that where he was parked was contrary to the Roads Act 1993, which prohibits temporary dwellings in road areas and under this legislation it also covers lay-bys, hard shoulder, and margins.’
Sgt Gunn said he spoke to Mr Kirilov on June 29th last and put it to him that his van was in breach of that legislation. He told him that he should move the van and if he didn’t, the gardaí would.
He also spoke to him on August 10th last and handed him the relevant legislation but Mr Kirilov told him to send him a letter on the matter. Seven days later Sgt Gunn arranged for the van to be removed.
‘ISPCA officers also arrived and removed the birds due to welfare concerns as they were not being kept in suitable accommodation. I also told him how he could claim back his van and I gave him information on obtaining local housing.’
Sgt Gunn said that prior to seizing the van, he gave Mr Kirilov the opportunity to take anything he needed from the van.
‘The van was brought to a secure compound and he was free to claim the van back, subject to charges. He did contact the compound but didn’t take it back. The Act allows for An Garda Síochána to make an application to dispose of it if not claimed within one month.’
‘It appeared that Mr Kirilov wasn’t going to take it back, so an application by the State to forfeit the van was made in court.’
Mr Kirilov’s solicitor Cillian McCarthy argued that his client was parked legally outside the car park and that gardaí had sent post to his client at that address labelled ‘The yellow van, The Ash Tree.’
Insp Emmet Daly said that an address on a letter or summons was a simple means of finding him. ‘It’s not an endorsement and it’s only to find him,’ said Insp Daly.
Sgt Gunn said there had been complaints from members of the public about the location of the van and he said the area where Mr Kirilov was parked was covered by the legislation as he had moved from what was a private space into a public space.
He said he was satisfied it is a public area, while Mr McCarthy said it was a matter of speculation.
Mr Kirilov told the court that he had been living there for over a year and three months when the owners erected the barriers.
He said he moved his van out towards the road but maintained it was still a public space.
Judge King said he was satisfied that the evidence heard was strong enough that the area forms part of the road and granted gardaí a destruction order for the van.
