Is it legal to park on the roadside?

[neveleven]

Hi all, I have been forced to become full time, and up to now really enjoyed the experience. I have been based on a small road by a cricket pitch and up to now had no problems. This morning however i had a note on the windscreen stating that "this road is not a campsite and the council have been informed" . Anyone know how i stand legally on this. I pay my road tax the same as anyone else so am somewhat bemused.

 

[AndyC]

Not 100 percent about the legalities, but better to move when you have outstayed your welcome and find somewhere else rather than staying where you are not wanted and maybe get your m/h vandalized.

That's good advice, regardless of the actual legal position it's best just to move on.

There is in fact no 'right' to park a vehicle on a public highway, failure to move a vehicle when instructed by the police may result in being charged with obstruction.

For anyone 'living' in a vehicle the Criminal Justice and Public Order Act 1994 may be invoked, Section 77 provides:
(1) If it appears to a local authority that persons are for the time being residing in a vehicle or vehicles within that authority’s area -
(a) on any land forming part of a highway;
(b) on any other unoccupied land; or
(c) on any occupied land without the consent of the occupier,
the authority may give a direction that those persons and any others with them are to leave the land and remove the vehicle or vehicles and any other property they have with them on the land.

AndyC

 

[Deleted member 967]

That's good advice, regardless of the actual legal position it's best just to move on.

There is in fact no 'right' to park a vehicle on a public highway, failure to move a vehicle when instructed by the police may result in being charged with obstruction.

For anyone 'living' in a vehicle the Criminal Justice and Public Order Act 1994 may be invoked, Section 77 provides:
(1) If it appears to a local authority that persons are for the time being residing in a vehicle or vehicles within that authority’s area -
(a) on any land forming part of a highway;
(b) on any other unoccupied land; or
(c) on any occupied land without the consent of the occupier,
the authority may give a direction that those persons and any others with them are to leave the land and remove the vehicle or vehicles and any other property they have with them on the land.

AndyC

The road includes verges and laybys as well.

 

[locket]

I would still park there you have payed your road tax and you are not breaking any laws ! its just some prat who put that note on your van who has got nothing else better to do ! enjoy your self balls to them ! thats what i do

 

[n8rbos]

I would still park there you have payed your road tax and you are not breaking any laws ! its just some prat who put that note on your van who has got nothing else better to do ! enjoy your self balls to them ! thats what i do

locket altho' i agree in principal to what you say , in theory i'm sure sum1 sumwhere will find a law you are breaking.

like ***** sez better to move and be safe or at least be able to leave van unattended safely than have a scratch minimum down side

 

[biggirafe]

I would still park there you have payed your road tax and you are not breaking any laws ! its just some prat who put that note on your van who has got nothing else better to do ! enjoy your self balls to them ! thats what i do

Not sure about the breaking the laws, most councils have a raft of laws at their disposal regards living in vehicles but anyway surley when you park up in a van you don't expect to be able to stay their 'forever', sounds like you've had a ggod run neveleven, time to move on before you get any agro

 

[derekfaeberwick]

Hi all, I have been forced to become full time, and up to now really enjoyed the experience. I have been based on a small road by a cricket pitch and up to now had no problems. This morning however i had a note on the windscreen stating that "this road is not a campsite and the council have been informed" . Anyone know how i stand legally on this. I pay my road tax the same as anyone else so am somewhat bemused.

Is it legal to park on the roadside? Short answer, No. Sorry bud, but there you go, and you really shouldn't be bugging the locals without good reason. Sorry, but you did ask.

 

[kimbowbill]

can't you claim travellers status ?, only asking, please dont attack me , i thought if you claimed traveller status you can park anywhere you want

J

 

[biggirafe]

can't you claim travellers status ?, only asking, please dont attack me , i thought if you claimed traveller status you can park anywhere you want

J

No fortunatley not Travellers and Gypsies can only park legally on authorised 'encampments'. Up until 1960 they could use any common land as we all could too camp. In 1960 the law was changed so that people could only camp on licenced and regulated campsites. Even Travellers and Gypsies are subject to this rule.

Where you get them parked up on verges and areas of common land doen back roads its normally illegal but tollerated so long as its for a short period and no-one complains. I would expect our friend here has been tolerated until now but if someone was to complain to the council they would be duty bound to act.


There quite a lot on the liberty website about it
Your rights - Introduction
.
.
.

 

[AndyC]

can't you claim travellers status ?, only asking, please dont attack me , i thought if you claimed traveller status you can park anywhere you want

J

No, the same laws apply, however the police have a set of guidelines for dealing with unauthorised traveller encampments.

See: http://www.acpo.police.uk/asp/policies/Data/ACPO Guidance on Unauthorised Encampments.pdf

AndyC

 

[paul thomas]

The road includes verges and laybys as well.

Simple. Purchase some land and park.Camping is great short term, but chaos if everybody parked (lived) permanently on the streets.
Paul.

 

[vwalan]

even buying youir own land and staying on it as laws and regulations. 28 consecative days a year only.many stay longer but can be removed by the courts .think of the gypsies who were in the news a few yrs ago. life is not easy if you want to be a traveller/full timer.
never mind address for driveing lic .reg .vehicle .insurance etc
you have to be a compulsive liar to fulltime .

 

[Coolasluck]

Just move your van around,from place to place,if you locate dozens of places you could then alternate to give yourself piece of mind and not bug anyone.If after that they dont like it tell them where to go,your van has as much much right to be on the road as their vehicle is and unless you are blocking their access and egress,for me i would park during the day somewhere and then try to go elsewhere at night.

 

[SeeYa]

I'm, hopefully, just starting on the itinerant lifestyle (UK but mostly Europe) so, forgive me, but don't truck drivers park-up and sleep over in lay-bys on a regular basis - do they have special dispensation or are they supposed to park elsewhere?

What happens to the driver of any vehicle who's just too tired to drive any further and pulls over to catch an hour's shut-eye before continuing safely on his way?

I know that the law's an ass but ....

 

[AndyC]

I'm, hopefully, just starting on the itinerant lifestyle (UK but mostly Europe) so, forgive me, but don't truck drivers park-up and sleep over in lay-bys on a regular basis - do they have special dispensation or are they supposed to park elsewhere?

What happens to the driver of any vehicle who's just too tired to drive any further and pulls over to catch an hour's shut-eye before continuing safely on his way?

I know that the law's an ass but ....

The Caravan Sites and Control of Development Act doesn't apply to trucks, they aren't caravans.

You are most unlikely to have a problem parked up sensibly for one night (providing that there are no local restrictions), it's the ones who stay in the same place for days at a time that are likely to attract attention.

AndyC

 

[vwalan]

its frownd upon to park and sleep in a truck if the layby does not have a verge or paving between you and the road.
having said that we do get away with it.
gone in the morning helps.
if a truck was to park in the same place continually it would need to have that place on its operators licence as a park place.
a truck driver is not allowed to take his truck home because of this .
you venture into even more rules with trucks its mental.

 

[l77 tuf]

4yrs we livd on the streets and thats 1 way of putting it in a van in manchester thats all we did stay in 1 place for 4 nights then move on to another for 3 nights then move back what can they do nowt we got away with it for 4 yrs due to being homeless so can you lot just dont kick the back out of it

 

[tiderus]

In Tamworth a group of travelers bought a sizable plot in a green belt area. And a week ago they organised 17 lorry loads of hardcore to put in the roads etc, When locals realised that the were building a permernant site the blocked the entrance, and have been there ever since in shifts. The council have issued a 28 day notice, but due to a judges ruling the will have the right to stay and build without permission. The judge said its against their human rights, as they are used to living outdoors and have the right to build hard standings with services etc. This story is being followed by the local papers, who said the ruling overides the other laws that exist. They are already planning another site which they own down the road. It'll be interesting to see what happens with this one.
Rgd's Graham.

 

[Kontiki]

If you are living in your van full time & always parked in the same spot then you are camping, this is a bit different from what I would say is wildcamping which is just spending a couple of nights then moving on. I would be more concerned about some local being upset & maybe throwing a brick through the window than the legal position. Is there a reason that you need to be parked in the same place? You have wheels & an engine find a few alternative places & move around every few days, that way you be less likely to upset the locals.

 

[n8rbos]

In Tamworth a group of travelers bought a sizable plot in a green belt area. And a week ago they organised 17 lorry loads of hardcore to put in the roads etc, When locals realised that the were building a permernant site the blocked the entrance, and have been there ever since in shifts. The council have issued a 28 day notice, but due to a judges ruling the will have the right to stay and build without permission. The judge said its against their human rights, as they are used to living outdoors and have the right to build hard standings with services etc. This story is being followed by the local papers, who said the ruling overides the other laws that exist. They are already planning another site which they own down the road. It'll be interesting to see what happens with this one.
Rgd's Graham.

early last year i help ex-m8s out, build a so-called gypsy site, these sites will be, over the next few years, built everywhere, i have never come across such hypocritical bulls88t in my life. but as the foreigners who come to this country have our rules changed to suit themselves whats new????