Driveway Parking Overnight Stops Or Extra Income? (1 Viewer)

Wombles

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We used JustPark yesterday to park just around the corner on a private driveway for Southampton Uni rather than have to join the queues having to park in the city & get on a bus to visit the Open Day. It was cheap, easy, saved time & stress free so we have now done the same for our visit to Bristol Uni:) Thought others might find this useful so decided to post this thread but as many also allow overnight parking had the idea that these could be excellent motorhome overnight stops too! Alternatively if you have a driveway space you can list your space (daytime or overnight too) for free then it may make some money as well as helping someone (y)
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We have listed our driveway for £6.30 per day (£5 to us &£1.30 goes to JustPark so how they make their money) & we will be looking to book overnight parking on JustPark for trips with the motorhome. It's all really easy & you can message the person who is offering parking with any queries. Hope some other Funsters might find this useful & might even add their driveways for overnight parking so we all have more choice?!
 

GJH

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It's an interesting idea but I wonder what the implications are for household insurance policies and council tax (perhaps even planning permission) because it appears to be business use.

In any case, allowing use of a driveway for overnight camping is different from parking as it is restricted by Para2 of the First Schedule of the 1960 Act.
 

Judge Mental

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Blimey...this may be handy when house hunting in an area. Just looked up Worthing on south coast,and there are plenty..but will they be happy with a camper turning up and will there be room as it seems more a car parking site?

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Wombles

Wombles

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Blimey...this may be handy when house hunting in an area. Just looked up Worthing on south coast,and there are plenty..but will they be happy with a camper turning up and will there be room as it seems more a car parking site?
It is parking & ideal for cars but can also book larger vehicles up to coach size into some parking places listed (& overnight) so need to check listing & message owner to check what's possible & what they are happy with:imoutahere:
 
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Wombles

Wombles

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It's an interesting idea but I wonder what the implications are for household insurance policies and council tax (perhaps even planning permission) because it appears to be business use.

In any case, allowing use of a driveway for overnight camping is different from parking as it is restricted by Para2 of the First Schedule of the 1960 Act.
Knew that staying overnight in a motorhome rather than just be parked overnight might not be straightforward :( but just an idea ... Did a quick check the smallprint on the website when I first found this but didn't see anything about staying in a vehicle/camping but I might have missed something.
 
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Wombles

Wombles

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Another useful feature (we now have the app) is to able to park in some spaces instantly so if you are struggling to find a space in a city then can check availability & book instantly. Some large hotel groups & other commercial venues offer their spaces this way as well as private owners. When offering a space we have it set for booking on request so we can choose if convenient for us to accept or refuse & no details of exact address are given until booking confirmed.

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Cobweb

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Hmmm . Good idea for cars for sure but large motorhomes on private drives ? Not too sure how the neighbours would react especially if overnighting on a regular basis.
 

Judge Mental

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It is parking & ideal for cars but can also book larger vehicles up to coach size into some parking places listed (& overnight) so need to check listing & message owner to check what's possible & what they are happy with:imoutahere:

Ah I see said the blind man........ can always send them a pick of van I guess:)
 

Allanm

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It's an interesting idea but I wonder what the implications are for household insurance policies and council tax (perhaps even planning permission) because it appears to be business use.

In any case, allowing use of a driveway for overnight camping is different from parking as it is restricted by Para2 of the First Schedule of the 1960 Act.
This relates to a caravan brought onto the site, it does not mention a motorhome.

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scotjimland

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This relates to a caravan brought onto the site, it does not mention a motorhome.

For the purposes of the legislation , caravan and motor caravan are one and the same thing

http://www.legislation.gov.uk/ukpga/Eliz2/8-9/62/section/29

In this Part of this Act, unless the context otherwise requires—

“caravan” means any structure designed or adapted for human habitation which is capable of being moved from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer) and any motor vehicle so designed or adapted,
 
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Wombles

Wombles

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Good reviews about driveway parking & JustPark on Martin Lewis website http://www.moneysavingexpert.com/shopping/cheap-parking-rental for anyone that may want to know more. Planning permission isn't an issue for cars but may need to declare any income for tax purposes.

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Wombles

Wombles

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In any case, allowing use of a driveway for overnight camping is different from parking as it is restricted by Para2 of the First Schedule of the 1960 Act.
"2 Subject to the provisions of paragraph 13 of this Schedule, a site licence shall not be required for the use of land as a caravan site by a person travelling with a caravan who brings the caravan on to the land for a period which includes not more than two nights—

(a)if during that period no other caravan is stationed for the purposes of human habitation on that land or any adjoining land in the same occupation, and

(b)if, in the period of twelve months ending with the day on which the caravan is brought on to the land, the number of days on which a caravan was stationed anywhere on that land or the said adjoining land for the purposes of human habitation did not exceed twenty-eight."

Looks like the issue with motorhomes/caravans is only if more than 2 nights or 28 total days in one year or am I missing something? We don't want a campsite on our driveway but like the idea of having & finding other one night stopovers as well as daytime parking in either car or motorhome in area we want to visit. Know that MCC have Nightstops so only real difference is payment & their list is very limited.
 

Allanm

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Looks like its time legislation was updated or at least challenged. Too many people quoting this rubbish as an excuse to do nothing.
How do Britstops conform to these regulations when allowing motorhomes to overnight on their land?
 
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Wombles

Wombles

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Did wonder about Britstops but presume as they are normally on part of commercial premises & don't take any direct payment that eliminates any potential issues?

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GJH

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Looks like the issue with motorhomes/caravans is only if more than 2 nights or 28 total days in one year or am I missing something? We don't want a campsite on our driveway but like the idea of having & finding other one night stopovers as well as daytime parking in either car or motorhome in area we want to visit. Know that MCC have Nightstops so only real difference is payment & their list is very limited.
Yes, that's correct, those are the limits. The MCC Nightstops are just CLs by another name.
Looks like its time legislation was updated or at least challenged. Too many people quoting this rubbish as an excuse to do nothing.
I agree that it is high time the legislation was updated. Natural England, who administer exemptions on behalf of the government, are in favour of that. The problem is finding parliamentary time to change legislation when others do not believe change is necessary. Until that happens we are stuck with it.
How do Britstops conform to these regulations when allowing motorhomes to overnight on their land?
Did wonder about Britstops but presume as they are normally on part of commercial premises & don't take any direct payment that eliminates any potential issues?
As far as Britstops goes (or, more accurately, Britstops hosts) I don't know. You would need to ask them.
 

DP+JAY

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"2 Subject to the provisions of paragraph 13 of this Schedule, a site licence shall not be required for the use of land as a caravan site by a person travelling with a caravan who brings the caravan on to the land for a period which includes not more than two nights—

(a)if during that period no other caravan is stationed for the purposes of human habitation on that land or any adjoining land in the same occupation, and

(b)if, in the period of twelve months ending with the day on which the caravan is brought on to the land, the number of days on which a caravan was stationed anywhere on that land or the said adjoining land for the purposes of human habitation did not exceed twenty-eight."

Looks like the issue with motorhomes/caravans is only if more than 2 nights or 28 total days in one year or am I missing something? We don't want a campsite on our driveway but like the idea of having & finding other one night stopovers as well as daytime parking in either car or motorhome in area we want to visit. Know that MCC have Nightstops so only real difference is payment & their list is very limited.
I've seen all this before but I find it odd that it refers to "a person" &" the caravan" but does it still apply to a "different" person & a "different" caravan?
If so then surely it should be "any person"&"any caravan".
 

GJH

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I've seen all this before but I find it odd that it refers to "a person" &" the caravan" but does it still apply to a "different" person & a "different" caravan?
If so then surely it should be "any person"&"any caravan".
Not really odd, just legal speak.

Person X brings his caravan onto the land. He is "a person travelling with a caravan" and "the caravan" is the one he is travelling with. Person X is restricted to a stay of one or two nights.
(a) means Person X would be acting illegally if there were any other caravan on the land (or adjoining land) "for the purposes of human habitation".
(b) means Person X would be acting illegally if the number of days on which "a caravan" (which actually means any caravan) had been on the land (or adjoining land) "for the purposes of human habitation" was more than 28 in the previous 12 months.

I hope that is clearer :)

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DP+JAY

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I disagree
If it means any person or any caravan why does it not say so
Twenty different people use the the same piece of land for two nights each.
Are they breaking the law, if so then surely it would only be the last 5 people and unknowingly?
 
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John & Joan

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I disagree
If it means any person or any caravan why does it not say so
Twenty different people use the the same piece of land for two nights each.
Are they breaking the law, if so then surely it would only be the last 5 people and unknowingly?

I have had discussions with Natural England on these matters and Grahams interpretations are correct.

1 van for no more than 2 nights at a time, with a maximum of 28 nights in any one calendar year. If over 5 acres not built on up to 3 vans but limit is still no more than 2 nights at a time and a total of 28 nights in the year of use be it, one, two or three vans. How many people occupy the van makes no difference.

It is not the people using the vans that are in breach of the law it is the landowner/tenant. It is the local planning authority that enforce this (or not).
 
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DP+JAY

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I obviously didn't make myself clear
Twenty different people in twenty different caravans At twenty different times each for two nights

How many of them unknowingly broke the law

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GJH

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I disagree
If it means any person or any caravan why does it not say so
Twenty different people use the the same piece of land for two nights each.
Are they breaking the law, if so then surely it would only be the last 5 people and unknowingly?

I have had discussions with Natural England on these matters and Grahams interpretations are correct.

1 van for no more than 2 nights at a time, with a maximum of 28 nights in any one calendar year. If over 5 acres not built on up to 3 vans but limit is still no more than 2 nights at a time and a total of 28 nights in the year of use be it, one, two or three vans. How many people occupy the van makes no difference.

It is not the people using the vans that are in breach of the law it is the landowner/tenant. It is the local planning authority that enforce this (or not).
Thanks John. Perhaps I should have pointed out previously that I have also had discussions with Natural England.

I do understand Jay's confusion, though, as legislative language is not always easy to interpret. I learned how to do it at college many years ago and during my working life when parts of my job depended on being able to understand legislation clearly.
 

GJH

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I obviously didn't make myself clear
Twenty different people in twenty different caravans each for two nights

How many of them unknowingly broke the law
As John mentioned, it s the land owner's responsibility. He should prevent use which is not allowed by the 1960 Act.
 

DP+JAY

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Thanks John. Perhaps I should have pointed out previously that I have also had discussions with Natural England.

I do understand Jay's confusion, though, as legislative language is not always easy to interpret. I learned how to do it at college many years ago and during my working life when parts of my job depended on being able to understand legislation clearly.
Interpret ,
That's the problem, if it said any it would not need to be interpreted
A person in a caravan is not the same as another person in another caravan

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GJH

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Interpret ,
That's the problem, if it said any it would not need to be interpreted
A person in a caravan is not the same as another person in another caravan
As I tried to explain earlier, in this context "a caravan" actually means any caravan. "a", being the indefinite article, refers to any instance of the object it describes (caravan in this instance) rather than a specific instance of that object.
 

Wickolad

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Apart from all that, I thought that a caravan or Motorhome could be parked on a private drive overnight, i.e friends or family visiting but that they had to use the washing and toilet facilities of the dwelling house. If that's the case, who the hell is going to allow strangers to park on their drive allowing grey waste to run all over the patio and then knocking at the door at all hours to use your toilet for £5 a night????



:reel::reel:

:imoutahere:
 

DP+JAY

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As I tried to explain earlier, in this context "a caravan" actually means any caravan. "a", being the indefinite article, refers to any instance of the object it describes (caravan in this instance) rather than a specific instance of that object.
That's your interpretation
Mine is different
If the stupid people who make the stupid laws made them properly then there would be no room for interpretation and everyone would be sure what was what

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GJH

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That's your interpretation
Mine is different
If the stupid people who make the stupid laws made them properly then there would be no room for interpretation and everyone would be sure what was what
Didn't you read my last post? In this case it isn't interpretation, it is grammar. Whether one agrees with it or not, the 1960 Act is grammatically sound, not stupid. Drafters of legislation are not at fault just because they use correct grammar.
 
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That's your interpretation
Mine is different
If the stupid people who make the stupid laws made them properly then there would be no room for interpretation and everyone would be sure what was what

You don't get to interpret legislation. As Graham said you need to be able to understand the language used. If you do understand the way such things are written it's perfectly clear.

If you follow your point about writing in plain English through to it's natural conclusion every single piece of legislation currently on our statute books would need to be rewritten.
 

GJH

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You don't get to interpret legislation. As Graham said you need to be able to understand the language used. If you do understand the way such things are written it's perfectly clear.

If you follow your point about writing in plain English through to it's natural conclusion every single piece of legislation currently on our statute books would need to be rewritten.
Not forgetting, of course, that "plain" English varies throughout the land with some words having different meanings in different places. That is the reason that grammar and spelling are so important in such contexts.

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