Park in any council carpark for free

Discussion in 'Motorhome Chat' started by Wildman, Sep 18, 2015.

  1. Wildman

    Wildman Read Only Funster

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  2. Theonlysue

    Theonlysue Funster Life Member

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    Interesting. .....
     
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  3. Ja63

    Ja63

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    Go on then Wildman......let us know how you get on!!
     
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  4. Munchie

    Munchie Funster Life Member

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    So if you do not accept the contract and terms and conditions surely you cannot park there?
     
  5. Wildman

    Wildman Read Only Funster

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    you are as you state parked illegally and they can only evict you as the do travellers, no fines involved.
    where is Graham with the official take on this one, hee hee
     
  6. Robert Clark

    Robert Clark Funster Life Member

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  7. campa cola

    campa cola Funster

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    it says the travellers were there in an 'illegal occupation' situation, so that is in effect squatting.
    The government says:
    2. Squatting in non-residential properties
    A non-residential property is any building or land that isn’t designed to be lived in.
    Simply being on another person’s non-residential property without their permission isn’t usually a crime. The police can take action if squatters commit other crimes when entering or staying in a property.
    Crimes include:

    • causing damage when entering the property
    • causing damage while in the property
    • not leaving when they’re told to by a court
    • stealing from the property
    • using utilities like electricity or gas without permission
    • fly-tipping
    • not obeying a noise abatement notice
    https://www.gov.uk/squatting-law/squatting-in-nonresidential-properties
     
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  8. Wildman

    Wildman Read Only Funster

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    so there you are gone before it even gets to court, just the job for places like Scarborough.
    PS freeloading is rife in parliament.
     
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  9. CWH

    CWH Funster Life Member

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    Nominations please for the best council car park for a Mass Trespass???
     
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  10. Wildman

    Wildman Read Only Funster

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    Scarborough
     
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  11. jezport

    jezport Funster

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    I have a friend who is a solicitor and specializes in traffic cases. Ive sent him a link to see what he says.
     
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  12. TheBig1

    TheBig1 Funster Life Member

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    scarborough the parking is controlled by a TRO banning the parking of certain vehicles between specified times. therefore there is no contract to refuse to accept. so it would not work and why even the travelling community can be towed away without a court order
     
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  13. Wildman

    Wildman Read Only Funster

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    Isn't ALL parking covered by a TRO?
     
  14. campa cola

    campa cola Funster

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    5. Remove squatters
    You can remove squatters using an interim possession order (IPO) or making a claim for possession.
    Don’t try to remove the squatters yourself using force or the threat of force - you’re committing a crime if you do.
    Get legal advice from a solicitor if you need help making a claim for possession.
    Interim possession orders
    You can only apply for an IPO if it’s been 28 days or less since you found out your property’s been squatted.
    Fill in an application for an IPO and send it to your local county court.
    The court will send you confirmation of your IPO within a few days. They will also send you documents that you must give to the squatters within 48 hours.
    After being served with an IPO squatters can be sent to prison if they don’t:
    • leave your property within 24 hours
    • stay away from your property for 12 months
    To get final possession of the property, you must make a claim for possession. You can do this on your IPO application form or separately online.
    Exceptions
    You can’t use an IPO if:
    Claim for possession
    Make a claim for possession if it’s been more than 28 days since you found out about the squatters.
     
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  15. TheBig1

    TheBig1 Funster Life Member

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    no TROs are very specific and used for restricting use. they are used extensively to ban 4x4s from certain green lanes where otherwise they would be legal
     
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  16. Wildman

    Wildman Read Only Funster

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    it is still a trespass/squat TRO or not. not that I would dream of doing it, I'd just go elsewhere and avoid those towns in future.
     
  17. TheBig1

    TheBig1 Funster Life Member

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    another potential nasty is dependant on how the TRO is written, the authority that impose the TRO could have you arrested and vehicle impounded. a threat used against 4x4s but could just as easily be used for motorhomes or any other prohibited vehicle.

    trespass is a slap on the wrist, squatting is a minefield of legislation. TROs are a modern invention leading to big fines etc not to be underestimated
     
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  18. Hollyberry

    Hollyberry Funster

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    Wouldn't they just tow your vehicle? Or clamp it?
     
  19. Robert Clark

    Robert Clark Funster Life Member

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    Just to be totally clear

    Would you use a public service, such as a Pay and Display car park with the intention of not paying?

    How does this differ from avoiding paying your taxes, or walking out of Tesco's with something that you didn't pay for?
     
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  20. GJH

    GJH Funster Life Member

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    I think Javid is talking through his hat. I note that no legal basis is given for the statement "In the case of the travellers, they were on the car park as illegal occupiers and, as such, there was no contract with them as the purpose for which they entered was not permitted."

    How does Freeman justify saying there is an "absence of any agreement entering into a contract."? The contract is entered into when the vehicle is parked. Like any contract, its terms can not be changed unilaterally in such a way. Perhaps he should stick to getting off swollen headed footballers on technicalities.

    The real problem with traveller incursions is that there is a whole mish-mash of legislation in place, too much of which gives them special privileges or allows them to claim such privileges even if they are not entitled to them. The absence of any address for service of notices in the case of travellers is another factor. It is often in the public interest to evict before too much mess is made.
     
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