Being moved on...or not

scek

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The wife came up with a great excuse for staying put if asked to move on from a location (we've only ever been asked once).
Put a duff fuse in the electric step and tell the guy you can't move 'cos it wont retract and you have to wait till morning to phone the dealer 'cos you cant find the fuse box or fuse...

brill' eh ?
 
scek said:
The wife came up with a great excuse for staying put if asked to move on from a location (we've only ever been asked once).
Put a duff fuse in the electric step and tell the guy you can't move 'cos it wont retract and you have to wait till morning to phone the dealer 'cos you cant find the fuse box or fuse...

brill' eh ?
Click to expand...

it is a good idea, but what about those who dont have a retractable step?
 
Remember down in Spain (think the place was Mil Palmera) fantastic spot. We had only been there one night & the police came the next day & told everyone to move. One British motorhome couldn't as his vans immobiliser prevented him starting his van. Didn't get to find out what happened but at the time we left the local police weren't very sympathetic.
 
Kontiki said:
Remember down in Spain (think the place was Mil Palmera) fantastic spot. We had only been there one night & the police came the next day & told everyone to move. One British motorhome couldn't as his vans immobiliser prevented him starting his van. Didn't get to find out what happened but at the time we left the local police weren't very sympathetic.
Click to expand...

No surprises , continental plod seem to have a sense of humour: compassion bypass as part of their induction

Channa
 
In the UK, the police can't technically move you on unless you are obstructing the highway. If it's trespass then its a civil offence and they won't or shouldn't be interested.

I like the step idea. Taking out a fuse in the ignition circuit or similar would also work. In my case the injector pump is electronic control, not on a cable so that may be the thing to nobble.

But my standard excuse is I'm too tired to drive and will be off first thing in the morning. I don't think anyone reasonable can object to that if you are not causing an obstruction.
 
just fit a isolation switch and hit it dont matter if they greatest mech in world they wont start it unless they know about switch mind you with the stepone day you might find someone who has the same van then you will be done
 
Just to add to what Firefox has said and bring up a point mentioned in a previous thread....if you do anything under certain circumstances in law when there is a chance of a particular outcome, then you may be prosecuted because you were 'reckless' to the outcome occurring.....i.e... have a loaded shotgun in public risking it going off.....drive while tired and wandering over the road (Dangerous Driving) risking an accident.....chucking an object carelessly which causes damage or injury.....lighting a fire in certain places etc.

No one can 'make' you do anything which can lead to a criminal offence....it is both against your human rights and that person can be held personably liable as an accessory....so should a police officer, ranger, stewart, or whatever make you move and you have an accident as a consequence from say drifting off at the wheel....then you have a case against them.....

To reiterate advice already given.....I'd simply say that I'm so tired that I'm a bit dizzy and unsafe to drive and tell them you are going to note their vehicle registration and or take their details and photograph and reserve the right to take a civil case or make a complainst against them if they force you to do an act which may lead to an unlawful outcome or personal injury.
 
Oh...just one other point on this thread....in criminal law you have to be proven guilty beyond reasonable doubt...

In civil law all you have to do is prove that the incident took place as you said to the level of 'on the balance of probability' which
is much harder to defend against if you are the 'defendant'.
 
How about "I was out for a stroll earlier and have dropped the key, i'm waiting till daylight to look for it".
 
Viktor said:
Just to add to what Firefox has said and bring up a point mentioned in a previous thread....if you do anything under certain circumstances in law when there is a chance of a particular outcome, then you may be prosecuted because you were 'reckless' to the outcome occurring.....i.e... have a loaded shotgun in public risking it going off.....drive while tired and wandering over the road (Dangerous Driving) risking an accident.....chucking an object carelessly which causes damage or injury.....lighting a fire in certain places etc.

No one can 'make' you do anything which can lead to a criminal offence....it is both against your human rights and that person can be held personably liable as an accessory....so should a police officer, ranger, stewart, or whatever make you move and you have an accident as a consequence from say drifting off at the wheel....then you have a case against them.....

To reiterate advice already given.....I'd simply say that I'm so tired that I'm a bit dizzy and unsafe to drive and tell them you are going to note their vehicle registration and or take their details and photograph and reserve the right to take a civil case or make a complainst against them if they force you to do an act which may lead to an unlawful outcome or personal injury.
Click to expand...

Whilst your interpretation of the law is accurate, it should be remembered that the excuses proffered are to resist being moved on .... It is important to remember that in some circumstances especially in an area treated as the public highway an offence may have already been committed, An un co operative attitude may well result in a fine, where has co operation moving on may only result in a warning in the sense of a flea in ones ear.

Channa
 
Viktor said:
Oh...just one other point on this thread....in criminal law you have to be proven guilty beyond reasonable doubt...

In civil law all you have to do is prove that the incident took place as you said to the level of 'on the balance of probability' which
is much harder to defend against if you are the 'defendant'.
Click to expand...

your right Victor never thought of that. problem is if you are on private land or even on the highway and told ur cannot park thier i.e commiting a civil offence it would be difficult to say ur too tierd to move on for example as u may have to prove ur too tierd which is subjective therefore difficut to prove . yet if told to move on even tho you told them ou were too tierd to move on and you moved on and were stoped by the police for being tierd or even had an accident the police i think would say you should have took a ticket instead of risking an accident etc i dont think they would accept your argument as again in court they can say in thier judgment u were driving with undue attention because you were tierd or had a n acident because you were tierd. i agree with all the points but i dont think the police or civil ppl would accept one linked to the other. for example it like me no geting off my seat of an plane after a trip saying im tierd and i might fall on the passengers on the stairs off thr plane therefore im staying put on the plane for the night, if that makes sense. how can you prove a negative something that has not happended. if that makes sense
 
In the respect of most motoring offences for eg speeding, parked where there is a TRO in place, you need to remember a couple of things.

1) the I lost a key, my step didnt work, I lost headlamps all of a sudden etc etc are mitigating circumstances.

2) if the offence is absolute in effect committed , then a guilty verdict if you took it to court is pretty much a guaranteed outcome.

3) many offences carry a minimum tarriff for eg speeding 3 points £60 fine and your mitagation may only suffice as to not incur additional penalty....however if you take it to a court and the way the system works good chance you will be hit harder in the pocket as you didnt plead guilty at the earliest opportunity eg a d fixed penalty notice. even to the tune of you end up with victims surcharge.

It is also important to remember that once a court room is reached, Means testing is applied so the fines remain payable, but could relate to your income and savings

4) some offences have a statutory defence ....this is a totally different concept to mitigating circumstance.

I am sure any serving Magistrates will confirm the above.

My post is aimed at adding balance to some of the claims made in earlier posts

Channa
 
These points are all very true....so the decision is basically weigh the positives and negatives and make your decision whether you should move safely to another place or not.....here in NI I have seen the legislation signposted in car parks (Lisburn's Bow St Mall Car Park is one example), the actual Order is reproduced on the sign...Offstreet Parking NI Order or something similar which gives the civil wardens the power to issue an on the spot fine by way of fixed penalty ticket exactly as if you had parked on double yellow lines....

...however in fairness to the ones I have observed they moved on anyone parked with the driver in the vehicle who hadn't paid the minimum 1 hour parking fee...I didn't spot any vehicles without the ticket displayed either.

However do remember that the majority of spots are signposted without a backup bylaw or TRO and require you to be 'trespassing' for a period amounting to residency before you can be prosecuted.

Next time I see the Order on a sign I'll take a photo and upload it here.
 
ive been asked to move on twice, both jobsworths, but both have directed me into much nicer locations,
 
The truth of the matter is that we never know for certain if we can be moved on. Unless there is a sign giving details of parking restrictions, penalties for non-compliance and the name of the Authority responsible for the TRO.

This subject is aired at regular intervals. It is easy enough to plan a trip. if it involves a stopover in a car park (for example), does anyone ever bother to go online and look for parking restrictions? The details can be found on the websites of the local authority.

I am guilty of not bothering to do that, I just make my mind up if it is OK or not when I get there. What I never do is have a lot of alcohol, in case I am asked to move. Whether I would move or not would depend on who was asking me and if they had a right to do that.
 
I think it depends what you are driving too.
In a panel van you seem to be less likely to be bothered than in a motorhome as a motorhome stands out.
Although having said that we have never been bothered in either but seen others being bothered.
If we were I think I would be as polite as possible and unless I had a drink would just move on a little if the ''we will be off in the morning without a trace left IM knackered excuse did'nt work''.
I would'nt feel settled after being asked to move on anyway.
One thing that annoys me though is here in the UK you can only sleep for two hours at services but in Europe you get a good nights rest.
Its daft as you think like and safety would come 1st.
 
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