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Busy Defending The Castle

travellers.jpg

These charming gentlemen of the road set up camp last weekend in my lane (there are another couple of vans unseen in the picture).
I have had trouble persuading the Police that I own the land, the public merely has a right to use it as a Byway to pass and repass along it. The highway agency have confirmed this but the Police do not want to use their powers under Section 61 CJPOA 1994, even though criminal damage is occurring, and so are prevaricating. (See below)
I have officially asked the travellers to leave nicely and been officially reasonable by giving them a couple of days to do so.
They don't appear to want to so I may have to assert my rights.
I may be busy for the next few days.

Section 61 CJPOA 1994 If the senior police officer present believes that: a) Two or more persons have entered land as trespassers with the common intention of residing there for any purpose; and b) reasonable steps have been taken by or on behalf of the occupier to ask them to leave; and either; i) any of them has caused damage to the land or property on the land, or ii) any of them has used threatening, insulting words or behaviour to the landowner or a member of his family, or iii) they have six or more vehicles on the land, he may direct those persons, or any of them, to leave the land and to remove any vehicles or other property they have with them on the land. These provisions are also extended to cover all rights of way on the definitive map and land to which the public has access including common land. A direction to leave may also be given where temporary consent had been given by the landowner for persons to reside on his land and that consent had been breached. The offence occurs if a person knowing that such direction has been given which applies to him/her and either: Fails to leave the land as soon as reasonably practicable, or having left, again enters the land as a trespasser within the period of three months, beginning with the day on which the direction was given. Section 61 and 62A-E confer powers on the police not a duty. Police guidance does acknowledge that the power under section 61 does not require the landowner to have applied for a court order for possession nor should it be used as a last resort. The Act does not define damage but makes reference to the Criminal Damage Act 1971 when defining property. Police guidance recommends a common sense approach and states that damage has included: Churned up ground caused by heavy vehicles; diesel, spillages; animal and human excrement; destroyed fencing and spoiled crops. Police guidance specifies that the dumping of litter and rubbish may fall within the category of damage depending on the severity of the particular situation and each case must be looked at on its merits.

Comments

Looks like a good time to empty the slurry pit.

Get them before they start cementing,best of luck hope you get rid of them soon, poor you and poor England.

All the best in getting your property cleared. The lack of action by the police in response to your complaint is not surprising, but very wrong. Why do they no longer see it as their duty to protect the property of then law abiding citizen?

Each such settlement in my area has been accompanied by a steep rise in the petty crime rate. Cock over, safety off and nail down your valuables.

Good luck; I suspect you're going to need it.

The Filth won't do anything, I imagine.

Sadly the police filth only seem to want to look after the social filth these days.

The Law abiding can go hang it seems.

Good luck in dealing with the infestation.

Hmmm, "confers power, not a duty". There's the problem.

Howzabout just calling a tow truck and having them towed? To "somewhere else".

Drove through your breath-enlarging country today, and thought about your trenchant blog.

Any chance the campers could be encouraged to move on with a combination of World War II and farm theatrics?

Counting on your ingenuity and wishing you the best.

Yep, hire a tow truck or 3 and have them towed outside the environment.

I'm an American and not particularly familiar with English law. Here in America I would approach them politely and ask them to leave. If that didn't work I'd call the police and tell them "I'm walking over to a corner of my property with my shotgun to throw some trespassers off of my property. Would you care to come by?" and then hang up and do it. Can you not chase people off of your property with a gun in England?

Wonder if there's a way to buy the local cop-shop some "coffee and doughnuts", or whatever the British police consume, (buy the Chief a pint?) and have some moral suasion for them to do go a little out of their way.

Alternatively, do you know anyone with heavy (farm) equipment and trundle down the lane at 4 AM every morning. And if they can't get by complain to the police that they are blocking the right of way...

If you need a hand let me know, strength in numbers etc.

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