Has anyone ever been told to move on from a lay-by??

[Hawthorn]

Moved on

Yes we once got moved on, years ago, from a large layby near Phalsbourg in France. Armed police turned up and moved everyone on. The other half learned to drive with his feet still in his sleeping bag that night. We had stayed in same place en route to Switzerland the previous year with no problems.

 

[pughed2]

parking on public highway

The highway code stipulates road or layby but I've yet to see any HGV's leaving any lights on. I must remember to point that out to them next time we park up in a layby :raofl::raofl:

the public highway is the space between the edges and hedges of any public road, and includes lay byes......if you pay your uk road tax, that entitles you to drive or stop (in a safe parking place) on any such road in the eu. no one should harrass you from that situation, but I would not argue with any police who told me to move on, just go down the road, or round the block and park up again.........steve bristol

 

[Hawthorn]

Moved on

Yes we once got moved on, years ago, from a large layby near Phalsbourg in France. Armed police turned up and moved everyone on. The other half learned to drive with his feet still in his sleeping bag that night. We had stayed in same place en route to Switzerland the previous year with no problems.

 

[Deleted member 38556]

Yep!! ExWife used to tell me to move on all the time
In the end I DID. He he he
I have a blue badge. Once in Whitby police knocked in door
Once I explained I was left alone all night
Moved on about 730am

 

[whitevanwoman]

I've never had any problems anywhere during the night although I'm sure that I was PNC'd by police about midnight parked up in an isolated forestry commission car park near Rothbury in Northumberland. I heard a car, then 2 voices, and saw torches flash around the cab. I kept my head down and kept quiet but there was no knocking. Sounded like one was on a radio or phone, then I heard one say "probably asleep in the back", then off they went.

At Embsay reservoir near Skipton at Easter, a police van turned up and gave me the once over just as I got out to take the dogs for a walk. I was asked if I was saying overnight and I said yes as I was tired and had a fair drive home. Policeman agreed that it was getting late! We had a quick chat then off they went.

The only other incident was at a small car park at the end of a single track tarmac lane next to a beach in Northumberland, near Lindisfarne. I'd stayed overnight (thereby was no signage whatsoever), done a litter pick and was packing up to go the next morning when a grumpy farmer appeared on a quad bike and told me that camping wasn't allowed. I nearly threw the litter at him but didn't argue about lack of signage and just smiled sweetly and said that I was just leaving after a very peaceful night. With hindsight I wish I had given him the litter to dispose of.

Because of my dogs, I rarely use laybys but have done on occasion. I always feel a bit reassured if there are truckers there or if it's a regular trucker's stopover because my white "stealth camper" transit van doesn't look out of place (apart from the pink fluffy steering wheel cover).

 

[Wind Dancer]

I had my first knock on the door last weekend!
I was in a car park in near Banbury, that a local dog walker had recommended. Headlights came onto me and then the knock, I put on a deep gruff voice and said 'who's there!' (trying not to sound like a woman alone!). It was the police, and we had a nice chat and they said it was ok to stay and they would radio in to tell the next shift not to disturb me

I asked if I was convincing when I put on my deep voice, and they replied "no, you just sounded like a nervous woman" :lol-053: :hammer: :egg:


I try to avoid lay-by's if possible, but have stayed in the one at Penrith on A66 without problem (unless you count the flat battery the next morning!)

 

[antiquesam]

I've had a police drive past quite a few times and a stop and chat once when I parked on a piece of land just off the road that was obviously private property, but listed in the POI's. They asked me if I was staying the night and said it wouldn't be a problem when I said I'd like to, they even volunteered to speak to the farmer, who had probably contacted them in the first place. But then I do look very honest and trustworthy:mad2:

 

[whitevanwoman]

I'm pretty sure that once the police realise you are a single person or respectable couple just wanting a quiet night's sleep, they are quite happy to leave you in peace. It's local people and landowners (and local councils) who tend to be the awkward ones and make unfair discrimatory judgements (although maybe they have had problems with motorhomers or travellers or litter or vandalism in the past) and who come down heavy handed. Doing a litter pick on arrival is always a good way of changing this perception and it can disarm a grumpy local person or council official jobsworth if you ask them where you can dispose of the litter you have cleared up from that particular spot.

To be honest, I simply wouldn't move nor even open the door during the night on the grounds of personal safety and fatigue. I have a duty of care to myself. And apart from making noise, there's not a lot anyone could do to move you immediately. If you have done nothing wrong except trespass and have agreed to move the next morning, I doubt the police would be interested as they are probably so under resourced on the night shift that they wouldn't want to tie up resources nor have to do the paperwork.

 

[Firebird123]

Ex Traffic cop

I had a word with a mate of mine who is an ex traffic cop, about this subject, he said he had never asked any motorhome or caravan to move from laybys

 

[jake]

I had a word with a mate of mine who is an ex traffic cop, about this subject, he said he had never asked any motorhome or caravan to move from laybys

job done ,nice one ,short an sweet,straight to the point, :sleep-027:

 

[clf86ha]

I'm relatively new to the wildcamping scene (having only had my motorhome 2.5months). Had quite a few nights wildcamping and only had/observed two incidents (both a Scarborough Sealife ).

First was a passenger in a car, urinated up my motorhome, got back in the car and they drove off)

The second was the following weekend (recently), where another camper had parked in an end bay (for the best sea views) with his motorbike rack overhanging the prom entry/exit route (I was parked the other side of this entry/exit, but completely inside a parking bay).
There was a fire in a prom bin early that evening. The fire brigade dealt with it, later the police arrived (just as I'd set the beds up for going to sleep), the policeman checked out the overhanging campers reg and then very politely asked him to move, so that the service vehicles could get to and address the fire damage and fix it, the camper only moved one space over, so the overhang was still an issue and one of the larger council wagons had huge issues in the dark trying to gain access to the prom avoiding the campers overhang and from the revving as he drove off down the prom, he was furious!!!!..several other specialist vans followed suit and they all came back about 5am in the morning, getting their revenge by blasting their horns and driving out the car park!

 

[Derby Donkey]

I had my first knock on the door last weekend!
I was in a car park in near Banbury, that a local dog walker had recommended. Headlights came onto me and then the knock, I put on a deep gruff voice and said 'who's there!' (trying not to sound like a woman alone!). It was the police, and we had a nice chat and they said it was ok to stay and they would radio in to tell the next shift not to disturb me

I asked if I was convincing when I put on my deep voice, and they replied "no, you just sounded like a nervous woman" :lol-053: :hammer: :egg:


I try to avoid lay-by's if possible, but have stayed in the one at Penrith on A66 without problem (unless you count the flat battery the next morning!)

****, they're nickin the leccy now!!!

 

[campervanannie]

once

Only once in 35yrs but I was sort of illegally parked that was the time when we told the nice officer that I was the driver and had a migraine and we would leave as soon as we were able he was fine about it.

 

[StevenJ]

I've only had my MH since April but we tend to choose rural car parks as suggested by the POI list and also pub stops , not had any probs .

Stayed in Fleetwood over the weekend and have sent POI admin the spot we stayed ... 3 very large MH already in place when we arrived , and 3 more followed , apart from a group of youngsters pissed up at 11pm shouting and bawling ( one or two relieving themselves orally of their white lightning ) we had a peaceful night.

Whilst on this subject I wonder if the police where to ask you to move on ( or any other official ) , what would they actually do if you were to say you had had a couple of glasses of wine ( or other drink naturally ) and would be breaking the law should you comply with their request ??

Answers on a postcard lol

 

[wildman]

This one has been done to death. If wilding on public land and you are over the limit to move on then you are also liable to be done for drunk in charge. That includes pub carparks as they are deemed in law to be a public place.
If you drive don't drink its very simple. Want to drink? Book into a site for a few days. Pub carparks are not a site. Nor do they usually have an exemption certificate that allows more than 3 vans to overnight.

 

[Derby Donkey]

This one has been done to death. If wilding on public land and you are over the limit to move on then you are also liable to be done for drunk in charge. That includes pub carparks as they are deemed in law to be a public place.
If you drive don't drink its very simple. Want to drink? Book into a site for a few days. Pub carparks are not a site. Nor do they usually have an exemption certificate that allows more than 3 vans to overnight.

Yes, it has been done to death, but you are wrong again.

Perhaps you should declare an interest re sites? This is a wildcamping forum after all.

 

[SteveM]

That's perked my interest, just to clarify, which part of wildmans post is inaccurate?

 

[wildman]

Yes, it has been done to death, but you are wrong again.

Perhaps you should declare an interest re sites? This is a wildcamping forum after all.

I think having my site details in my signature is declaring an interest.
But never mind whilst away I always wildcamp and have done so since 1967. All over the UK and Europe.
What do you mean wrong again and what law are you quoting to prove me wrong please. I am always keen to learn if I have misread something we are all fallible sometimes, especially when you get old like me and try to help people.
I'd like you to explain what exactly you find to inaccurate with my statement. Drinking and being found drunk in charge of a vehicle in a public face is an offence, I did not define what in charge was nor apart from pub car parks did I define a public place.
The camping and caravan act clearly states any gathering of three or more vans requires a camping licence to be in place, if there is a meet or rally then the organisation holding such a rally should hold an exemption certificate. The general public are excluded from rally sites covered by the exemption certificate thus making it a private place, however in the case of a pub car park where the public can come and go it is deemed a public place. This Barrack room lawyer has been chasing planning laws for over 30years and there are a lot of misconceptions out there. Ignorance of the law is no defence. Being a public house does NOT include a campsite licence for the car park. Any gathering if more than three vans on a site not covered by a caravan site licence is illegal, not likely to be prosecuted but all the same illegal.

 

[Deleted member 967]

Hi Rodger

In the main the limit is one van at a time, unless the holding has over 5 acres that have not been built on.

If it is used under 1). The persons must use the house for some of their activities. It cannot be a stand along van on the property.
Under 2. and 3. are land dependant, one van under 5 acres of land, up to three only if over 5 acres of land. This is limited to one or two night only at a time and to a 28 day per year limit in any year.

The Caravan Sites and Control of Development Act 1960, amended 1968

FIRST SCHEDULE

CASES WHERE A SITE LICENCE IS NOT REQUIRED

Use within curtilage of a dwelling house
1. A site licence shall not be required for the use of land as a
caravan site if the use is incidental to the enjoyment as such of a
dwelling house within the curtilage of which the land is situated.
Use by a person travelling with a caravan for one or two nights

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) 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.
Use of holdings of five acres or more in certain circumstances

3. Subject to 'the provisions of paragraph 13 of this Schedule,
a site licence shall not be required for the use as a caravan site of
land which comprises, together with any adjoining land which is in
the same occupation and has not been built on, not less than five
acres—
(a) if in the period of twelve months ending with the day on
which the land is used as a caravan site the number of days
on which a caravan was stationed anywhere on that land
or on the said adjoining land for the purposes of human
habitation did not exceed 'twenty-eight, and
(b) if in the said period of twelve months not more than three
caravans were so stationed at 'any one time.

So if more than one van turns up and the pub does not have a caravan site licence or a certificate from an exempted club it is in breach of the Act. It is up to the Local Planning Authority to pursue this. The fine is small. There is no offence committed by the person using the caravan/motorhome.

John

 

[Deleted member 967]

There are moves afoot to make some changes to Holiday Sites legislation in Wales. At TMCTO we are in touch with the sponsor of this legislation as it still carries forward the 1960 Act definition as amended in 1968. He has said he wishes to stay within current legal definitions so I am putting forward to him the EU definition of a Motor Caravan as a vehicle of Category M1 as opposed to a caravan which at the best is a vehicle of category "O" and defined by ISO not vehicle standards definitions.

Local Authorities are empowered to do anything to provide sites but do not have the will to do this and hide behind planning as an excuse.

Provision of caravan sites by local authorities
24.—(1) A local authority shall have power within their
area to provide sites where caravans may be brought, whether
for caravans, for holidays or other temporary purposes or for use as permanent
residences, and to manage the sites or lease them to
some other person.
(2) Subject to the provisions of this section, a local authority
shall have power to do anything appearing to them desirable in
connection with the provision of such sites, and in particular—
(a) to acquire land which is in use as a caravan site, or which
has been laid out as a caravan site, or
(b) to provide for the use of those occupying caravan sites
any services or facilities for their health or convenience;
and in exercising their powers under this section the local authority
shall have regard to any standards which may have been
specified by the Minister under subsection (6) of section five of
this Act.
(3) The local authority shall make in respect of the use of sites
managed by them, and of any services or facilities provided or
made available under this section, such reasonable charges as
they may determine.
(4) A local authority may make available the services and
facilities provided under this section for those who do not
normally reside in the area of the local authority as freely as for
those who do.
(5) A local authority shall, in the performance of their functions
under this section, have power, where it appears to them
that a caravan site or an additional caravan site is needed in
their area, or that land which is in use as a caravan site should
in the interests of the users of caravans be taken over by the
local authority, to acquire land, or any interest in land,
compulsorily.
(6) The power of a local authority under the last foregoing
subsection to acquire land, or any interest in land, compulsorily
shall be exercisable in any particular case on their being
authorised to do so by the Minister, and the Acquisition of Land
(Authorisation Procedure) Act, 1946, shall have effect in relation
to the acquisition of land, or any interest in land, under the
said subsection as if this Act had been in force immediately
before the commencement of that Act.
(7) A local authority shall not have power under this section
to provide caravans.
(8) In this section the expression "local authority" includes
the council of a county and a joint planning board constituted
under section four of the Act of 1947 for an area which consists
of or includes a National Park as defined by subsection (3) of
section five of the National Parks and Access to the Countryside
Act, 1949, or any part of such a National Park.

Local Authorities do use this power but then pass the administration and running (by means of a lease) of these sites to the Caravan Club. This is why some CC sites allow non members to use them.

They do not choose to do this as a way of providing Motor Caravan facilities as their thinking is still back in the 1950s