Does the council have a responsibility to relocate Travellers or Gypsies when they camp in a Cumbria property they do not own without the landowner's approval?
The answer is NO.
The council is only responsible for moving the gypsies or travellers who have camped on council-owned land in Carlisle, Kendal, or Barrow-in-Furness, and the landowner will be responsible for moving the gypsies or travellers if they've camped on a private land in Cumbria.
Firstly, reach out to them and inform them that they are occupying your land.
Ask them for a reason as to why they are there, and how long they are planning on staying in Cumbria's Cumbria.
Confirm to make sure they are not causing any problems in Cumbria.
If the encampment has extended into a right of way or a highway in Cumbria, contact the Cumbria county government.
It is advisable to get in touch with your legal practitioner to discuss the situation and get to know legal costs.
Most of the times, Gypsy and Traveller families welcome the opportunity to talk to other community members in Cumbria.
Bare in mind they are used to facing racism and another intolerant behaviour, so they may be stand-offish.
If you feel like negotiations are not going well, leave the discussion for the time being and seek advice from Denbigh Franks.
Where there are good relations at the beginning, the landowners in Barrow-in-Furness, Carlisle, or Kendal will most likely allow small groups to stay for a short while if they do not cause disturbance.
In Cumbria, they appreciate the community's life and trade contributed by the culture of the Travellers and Gypsies, even though it will be for a while.
However, they'd have to take permission from the authorities in Cumbria to get the long-term occupation.
You should seek guidance from your solicitor who will probably advise you that possession can be regained in a Cumbria civil court under part 55 of the civil procedure rules.
Which involves:
Asking the traveller to leave your place in Cumbria
Issuing and giving the court summons in Cumbria
Filing case in Cumbria for seeking possession in the Civil Court
Issuing possession order in Cumbria
Execute a warrant for possession through the county court bailiffs from Denbigh Franks
Usually, Gypsies and Travelers in Cumbria will vacate independently once an order is served.
In some cases you can hire bailiffs from Denbigh Franks that are private to remove unwanted occupants in Cumbria without a possession order.
Under civil Procedure Rules 1998, you'd have to give two clear days between service and of documents and the court hearing if you want to carry out eviction in Cumbria with the court order from Cumbria county court.
You have to confirm the fees first because you have to pay your Cumbria solicitor fees as well.
You're responsible for disposing of the waste in Carlisle, Barrow-in-Furness, or Kendal, but Denbigh Franks can offer you a quote for the work if you prefer.
Trespassing is not a criminal offence it is civil offence so, Cumbria police will only visit all the reported sites.
The landowner in Cumbria is responsible for removing the trespassers and not the police.
The Cumbria police normally analyse each condition of unwanted settling in Cumbria keenly and may take the correct as specified in the rules of the Department for Communities and Local Government and Home Office.
However, if the criminal activity is observed by the traveller and other trespassers in Barrow-in-Furness, Carlisle, or Kendal, the police can act on it and have the power to stop the criminal activity.
The police also have the discretionary power to evict Travellers in Cumbria where group action goes against the Criminal Justice and Public Order Act 1994.
In some situations, the Cumbria police can use the rights given to them under the Section 61 of Criminal Justice and Public Order Act 1994 where more than 5 vehicles are present in Cumbria.
The powers enshrined therein can only be put to good use if is criminality or disorder in Cumbria that the normal legislation may not be able to handle at the time and trespassory occupation can also be used as a factor.
However, use of Section 61 of the Criminal Justice and Public Order Act 1994 bounds the Cumbria police from exercising these powers under the Human Rights Act in situations where interference with welfare considerations in Barrow-in-Furness, Kendal, or Carlisle will prevent the civil courts from applying them.
What can the Cumbria council do if the landowner in Cumbria doesn't take appropriate eviction action against the gypsies?
If the Cumbria property holder violates any permit or setting requirements, the Cumbria council may take appropriate measures against him/her to remove them from unwanted settlement.
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