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parking a caravan on the road side and the law


batista230
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It is just a caravan towed by a car parked up on the road side. I am just trying to find out my rights for how long I am allowed hear.

 

Admin comment:

Expletive and challenging comment removed from your posting. We note that you have asked for advice from our forum members so please accept that is offered freely but of course you can choose not to follow that advice.

 

 

The verge is part of the highway, so are laybys, byways and byroads

 

And do you have anything to back this up with?

 

 

Section 5 Highways Act 1835 defines a highway as being  all roads, bridges, carriageways, cartways, horseways, bridleways, footways, causeways, churchways, and pavements. - boundary to boundary, wall to wall, hedge to hedge etc.   This includes verges and byways.  

 

 

Setting up a residence within the national park is unlawful and you are trespassing.

Now you have just contradiction your self, as there is nothing to say parking on the road side is not allowed 

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Nothing is wrong with any of the forum members.

You seem to want to disregard the information given you.

You are parked up on National Park Land, which you are not permitted to do.

You have been advised by the council that you must remove yourself and your van by a certain date.

In essence you have parked up illegally on private land to which the public have access to, but not to park anything within the park without express permission of the authority .

 

You have NO rights to be there

You have NO time allowed.

You MUST remove yourself and your van by the date advised or the authority will just turn up with a low loader and take the van away and crush it.

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It is just a caravan towed by a car parked up on the road side. I am just trying to find out my rights for how long I am allowed hear. Jesus what the hell is wrong with you all!

 

One of the issues about an internet forum is that sometimes you don't always get the answers you want or expect.

 

Just posting something on here, Twitter or Facebook doesn't suddenly legitimise your circumstances. If you shouldn't be there you shouldn't be there, end of.  

 

Enough people seem to have said you shouldn't be, saying that is somehow the fault of the members here doesn't really change anything.

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You are parked up on National Park Land, which you are not permitted to do.

You have been advised by the council that you must remove yourself and your van by a certain date.

In essence you have parked up illegally on private land to which the public have access to, but not to park anything within the park without express permission of the authority .

 

You have NO rights to be there

You have NO time allowed.

You MUST remove yourself and your van by the date advised or the authority will just turn up with a low loader and take the van away and crush it.

I am sorry that the presents of my caravan where it is situated and my being on this plant has deeply disturbed you 

But I am sorry you are wrong as I am using the road traffic acts to justify my allowance hear (as quoted by other members)

 

Despite what you or other say about it being private land, it is not! I have the right to walk on the land and I have the right to drive along the road that passes though the land, the rest of it is for debate which has upset a lot of members on this forum

 

__________________________________________________________

 

 

And do you have anything to back this up with?

 

 

The verge is part of the highway, so are laybys, byways and byroads 

I look forward to the reply!

Edited by batista230
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I find this thread highly worrying. The OP has parked his van somewhere he shouldn't and has been told officially that he shouldn't be there. No he refuses to move it. If he wants to comply with the law the only sensible action now is to move. It is actions like this that give caravanners a bad reputation IMO. This is exactly what the Travellers and gypsies do and it spoils it for everyone.

 

To the OP I say please, just move your van and park it somewhere where it is legal. You will probably have to pay I expect but that is life. There are very few places you can park up a caravan and live in it overnight for free in the UK legally. The public highway, verges, laybys and other public access areas are not.   If there were don't you think everyone would be doing it!

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I am sorry that the presents of my caravan where it is situated and my being on this plant has deeply disturbed you 

But I am sorry you are wrong as I am using the road traffic acts to justify my allowance hear (as quoted by other members)

 

Despite what you or other say about it being private land, it is not! I have the right to walk on the land and I have the right to drive along the road that passes though the land, the rest of it is for debate which has upset a lot of members on this forum

 

__________________________________________________________

 

 

I look forward to the reply!

The law has been explained to you and there is no contradiction except in your responses. I fully understand the law - the clue is in my forum name.

 

You are on national park land which you are free to access as a walker, hiker, tourist etc. National parks are protected against other activities such as "wild" camping and setting up a residence without planning permission. The Road Traffic legislation has little to do with it but you aren't allowed to live in a caravan at the side of a road in any case.

 

If you are living as you describe the issue is a breach of planning laws and trespass. However, I'm not convinced this isn't an attempt to stir up forum trouble. You asked for advice and forum members gladly assisted. Now you wish to argue and insult. Engage a solicitor and see what they advise. We've done all we can.

 

I urge forum admin  to close this now pointless and possibly deliberately provocative thread before it gets out of hand.

 

Admin comment:

Thank you Legal eagle. We have acted upon your advice and terminated this discussion.

Note to the OP:- please do not raise this subject again in a new thread. 

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I am sorry that the presents of my caravan where it is situated and my being on this plant has deeply disturbed you 

But I am sorry you are wrong as I am using the road traffic acts to justify my allowance hear (as quoted by other members)

 

Despite what you or other say about it being private land, it is not! I have the right to walk on the land and I have the right to drive along the road that passes though the land, the rest of it is for debate which has upset a lot of members on this forum

 

__________________________________________________________

 

 

I look forward to the reply!

 

Walking on and driving on aren't the same as parking a residence, however temporary.

 

https://www. legislation. gov. uk/ukpga/1988/52/section/192

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Your right of access to any road is to 'pass and repass' in Road Traffic legislation. If you are parked, you are 'obstucting the highway'. (The highway in law as LegalEagle has pointed out is from hedge to hedge and includes the verges and laybys.

 

Most obstructions of the highway are minor in nature and are disregarded by authorities The penalties for these is generally low as would be commensurate with the minor nature of the obstruction.

 

If you are told to move and do not do so, the simple obstruction becomes a 'wilfull obstruction'. The penalties for this are more severe and can lead to arrest and the removal of your vehicle (at your expense) plus a much greater penalty in court.

 

However. ..The Road Traffic Act does not 'trump' the planning regulations and the authorities will not refer to Road Traffic legislation for his removal.

 

Looking on Bing Mapping satelite view, the location the OP indicates is in the middle of fields within the National Park. There is no road as such, just a track (The marking of an unfenced road on the ordanance survey map, does not necessarily indicate that it is a public right of way) and may at best be what is described as a 'green road' but could also be a private access road. If the mark placed by the OP is in fact accurate, it is little more than a footpath at that location.

 

From what the OP has said, he is not simply 'parking his caravan' for the purpose of 'wild camping' but is living in it as a residence, clearly in contravention of the National Park planning regulations.

 

The instruction by the planning officer will be a legally enforceable instruction. The powers for his removal will be exactly the same as the powers used to remove any  'travellers'  who set up camp where ever they wish to do so, and by saying that, I am not insinuating that the OP is a part of the travelling community, I am simply using the travelling community as an example.

 

Trying to use this forum to justify his illegal act is IMHO wrong, but having said that I have not noticed a single post telling him it is alright for him to stay.

 

Having had no support, he now begins to argue with us, challenging points of law and insulting us.

 

 

 

 

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I second the closing of this thread. I can see no benefit to any of us discussing it further except in trying to convince the OP that he should move on or face the consequences. It is unanimous that he has no legal right to stay - end of IMO.

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Agree. ......

 

geoff

Kia Sorento KX-1 CRDI 4WD towing an Elddis Affinity 530

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