They are out to get you.... (1 Viewer)

Jan 26, 2017
3,453
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Mid Suffolk.
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47,068
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Autosleeper Inca
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Eight Years and 28,000 Miles.
"parking in places without the landowner's permission".

What's the problem with that then?
 

Clipgate

Free Member
Jan 1, 2014
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2010
Land is mostly registered and owned by someone personal, corporate, or authority.
Thus parking in a layby overnight can attract attention under the new law, of course it could before but rarely if ever enforced.
The challenge is directed particularly at vehicles designed or adapted for living.
As is human nature one Police Officer will ignore as he or she rather likes motorhomes, another may well have a different view
I have lived in the countryside as part of rural and farming family, Gypsy travellers were part of our life and in the main were an asset.
The fairly modern phenomenon of travellers who cause disruption and damage can be addressed very simply under current legislation.
The concept of malicious trespass is very old law. I think dating from 1827 from memory.
New law, lost freedoms or at least perceived freedom, as few are enshrined in a bill of rights, mostly common law.
Hard won easily given away.

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Clipgate

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Jan 1, 2014
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Just a little food for thought rather than a match to the flame.

Trespass to land involves the "unjustifiable interference with land which is in the immediate and exclusive possession of another";[6] it is both a tort and, in certain circumstances, a crime under the Criminal Justice and Public Order Act 1994. It is not necessary to prove that harm was suffered to bring a claim, and is instead actionable per se. While most trespasses to land are intentional, the courts have decided that it could also be committed negligently. Accidental trespass also incurs liability.
 

Tombola

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Nov 21, 2020
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Currently, section 61 of the Criminal Justice and Public Order Act 1994 provides the police with two powers to remove unauthorised encampments.

These include if an unauthorised camper has caused damage to the land and if they have been threatening or abusive.

Whilst almost all campers cause no problems, the potential implications of the bill's passage will be enough to turn some people away.
 
Oct 12, 2009
10,434
23,277
SW London, Poland and all Europe
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8,876
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A Class N+B Arto 69GL
Exp
Since 2009
Land is mostly registered and owned by someone personal, corporate, or authority.
Thus parking in a layby overnight can attract attention under the new law, of course it could before but rarely if ever enforced.
The challenge is directed particularly at vehicles designed or adapted for living.
A layby is part of the highway to which the public have access, and therefore permission, unless there is a TRO to deny it.

Similarly to CPs which permit the public access, as long as one complies with certain posted conditions.

In both cases, and many more, one has the landowner's permission, so no offence can be committed.

Geoff

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scally

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Aug 15, 2010
1,145
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essex and lincolnshire
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Eldiss Autoquest 320
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since 1998
Land is mostly registered and owned by someone personal, corporate, or authority.
Thus parking in a layby overnight can attract attention under the new law, of course it could before but rarely if ever enforced.
The challenge is directed particularly at vehicles designed or adapted for living.
As is human nature one Police Officer will ignore as he or she rather likes motorhomes, another may well have a different view
I have lived in the countryside as part of rural and farming family, Gypsy travellers were part of our life and in the main were an asset.
The fairly modern phenomenon of travellers who cause disruption and damage can be addressed very simply under current legislation.
The concept of malicious trespass is very old law. I think dating from 1827 from memory.
New law, lost freedoms or at least perceived freedom, as few are enshrined in a bill of rights, mostly common law.
Hard won easily given away.
If lorry drivers can do it where's their problem
 
Jun 10, 2020
434
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71,636
MH
Dethleffs Advantage
Exp
Since 2008
Looks like a bit of lazy journalism to create a headline. The list of criteria to be met to create an offence under the bill should present no issues for motorhomes.
(4) The conditions are—
(a) in a case where P is residing on the land, significant damage or
significant disruption has been caused or is likely to be caused
as a result of P’s residence;
(b) in a case where P is not yet residing on the land, it is likely that
significant damage or significant disruption would be caused as
a result of P’s residence if P were to reside on the land;
(c) that significant damage or significant disruption has been
caused or is likely to be caused as a result of conduct carried on,
or likely to be carried on, by P while P is on the land;
(d) that significant distress has been caused or is likely to be caused
as a result of offensive conduct carried on, or likely to be carried
on, by P while P is on the land.

Even if any of these misbehavings occur they would result in a direction to leave; only upon refusal to move on would any property be at risk of seizure. So any run of the mill stop overs in lay-byes would be unlikely to meet the test to create an offence.

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