Occupational hazards of Wild Camping

just looked at the clip ...what a talented Girl , now I know I have a box of watercolour paints in the side seat.......problem is when you move , have to start all over again ....great clip , thanks Channa
 
maureenandtom said:
Do councils have the powers they say they have? Was control of parking handed to councils individually and this particular council simply made a mistake in what they wanted to enforce or was control handed as a blanket thing with the same powers to all councils? In which, my preferred case, none of them have power to enforce cooking, camping, sleeping.

Tom[/QUOTE

Hopefully this answers the first parts of your question. A lengthy read I am afraid but hopefully it makes sense.

The Road Traffic Regulation Act 1984 provided for councils to enforce certain parking acts. Parking offences however, were dealt with through the criminal court system. A considerable number of parking offences, primarily those concerning restricted (yellow line) parking remained the responsibility of the police and the police traffic warden service.

The Road Traffic Act 1991 made important changes to the 1984 Act. The most important allowing for parking offences to be “decriminalised”. This meant that you were no longer committing a criminal act by parking incorrectly, and that the police no longer had to deal with matters of parking. Instead, this was given to individual councils to administer.

The first areas in the country to be decriminalised were the 33 London Boroughs during 1993/94. Since the late 1990s, an increasing number of councils outside London have also opted for decrimialised parking enforcement.

Before any council can take up decriminalisation, they must first submit a proposal to the Secretary of State for Transport for their approval. The legal power must be granted formally as an Order in Parliament, through what is known as a Statutory Instrument.

The Council has no legal authority to enforce parking themselves unless they have been granted the order which is called a Special Parking Area Order (SPA Order).

Important sections of the Road Traffic Act 1991.

Road Traffic Act 1991: Section 66 & 77 authorises a Parking Attendant to issue a PCN if he has reason to believe that a parking contravention has occurred.

Road Traffic Act 1991: Section 66 requires every PCN to contain certain specified information. Although it is not mandatory, to follow the wording exactly, they must accurately convey the information.

Road Traffic Act 1991: Section 67 and 68 authorises councils to obtain payment of the PCN and removal and storage costs before releasing the vehicle.

Road Traffic Act 1991: Section 69 and 77 authorises immobilisation of vehicles (i.e. clamping) subject to exemptions as set out in Section 70.

Road Traffic Act 1991: Section 70 provides for the vehicle to be exempt from clamping or immobilisation if the following apply:

• a current disabled person's badge is displayed on the vehicle;
• not more than 15 minutes have elapsed since the end of any period for which the appropriate charge was duly paid at the time of parking; or
• not more than 15 minutes have elapsed since the end of any unexpired time (in respect of another vehicle) which is available at the relevant parking meter at the time of parking.

Road Traffic Act 1991: Section 71 sets out the keeper’s rights to make representations to the Council following clamping and removal, whether payment has been made or not.

Road Traffic Act 1991: Section 72 provides for the right to include an appeal to an independent parking adjudicator if the representation is rejected by the Council.

Road Traffic Act 1991: Section 74 provides for London authorities to set their own levels of additional parking charges to apply in London. They can set different levels in different parts of London.

Road Traffic Act 1991: Section 77 also authorises immobilisation of vehicles (i.e. clamping) subject to the exemptions in Section 70.

Road Traffic Act 1991: Section 78 this provides for the Lord Chancellor to issue regulations relating to the issue of warrants of execution to certificated bailiffs.


IMHO if the signage clearly states No Camping Sleeping Cooking etc, It is enforceable on the basis that by parking there you are accepting the terms and conditions hence the need for clear signage.

regards

Channa

I have e-mailed a friend your post who still practises...If he has anything to add I will post accordingly.
Click to expand...
 
Channa,

My word, that was quick. A pretty hefty read but I think I've got from it pretty well what I need and it's not the best of news.

A couple of problems both of which I can make a good guess at solving. All you say seems to apply to on-street parking. And in my head, I've been confusing the two, on-street and off-street.

What you say must not apply to Off-Street Parking otherwise councils would not need to enact the off-street parking orders they all seem to have now. It was an offence against the off-street parking order (offence 11) for which I got the ticket which was an ECN – Excess Charge Notice. It was an offence against on-street parking that Poole Council found itself in difficulties over. I was trying to make a possible loop-hole in one apply to the other.

To save anybody lookng it up again, here's the link we're talkng about: Council powerless to ban camper vans (From Bournemouth Echo)

I see that you've solved my problem. If they have said that you can't stay overnight in our car parks then you can't and that's all there is to it. That's off-street parking sorted – if they say we can't, we can't. And I expect they've all got the on-street parking situation sorted too. So that's carrying on as usual then. Avoid notices and keep a low profile. In other words, we've done ok so far by not pushng our luck so carry on as normal.

Thanks Channa, You can now count yourself my lawyer – as long as you continue not to charge.

Tom
 
maureenandtom said:
Channa,

My word, that was quick. A pretty hefty read but I think I've got from it pretty well what I need and it's not the best of news.

A couple of problems both of which I can make a good guess at solving. All you say seems to apply to on-street parking. And in my head, I've been confusing the two, on-street and off-street.

What you say must not apply to Off-Street Parking otherwise councils would not need to enact the off-street parking orders they all seem to have now. It was an offence against the off-street parking order (offence 11) for which I got the ticket which was an ECN – Excess Charge Notice. It was an offence against on-street parking that Poole Council found itself in difficulties over. I was trying to make a possible loop-hole in one apply to the other.

To save anybody lookng it up again, here's the link we're talkng about: Council powerless to ban camper vans (From Bournemouth Echo)

I see that you've solved my problem. If they have said that you can't stay overnight in our car parks then you can't and that's all there is to it. That's off-street parking sorted – if they say we can't, we can't. And I expect they've all got the on-street parking situation sorted too. So that's carrying on as usual then. Avoid notices and keep a low profile. In other words, we've done ok so far by not pushng our luck so carry on as normal.

Thanks Channa, You can now count yourself my lawyer – as long as you continue not to charge.

Tom
Click to expand...

Tom I should point out, I have given opinion in repsect of how the law stood at the time of your problem, and answered your question re how councils took on the responsibility.

The Traffic Management Act 2004 pt 6 became fully operational from April last year.

This link pretty much explains it

West Sussex County Council: Traffic Management Act 2004 (Part 6)

It is this legislation authorities will work to now, It appears the last paragraph relates to both on and off street parking too.

Probably of more use to you going forward

Regards

Channa
























Regards

Channa
 
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Channa, Just read through this thread and firstly; I am thankful for the facts that you posted, they are most helpful, not only to me, but I should imagine to many others.
Secondly; It is a refreshing change to improve ones mind by reading intelligent input. Thank you and 'well defended'. Paol.
 
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