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Is it the responsibility of the council to evict Travellers or Gypsies in Gillingham who have occupied land without the owner's consent?
It is not.
The Council cannot remove gypsies or travellers if they are not camping on a council-owned land in Wouldham, Gillingham, or Westfield Sole, and, the Council can only take up the eviction if it is a council land that is in question, otherwise, gypsies or travellers camping on private land in Kent can only be removed by the landowner, of course, by using the relevant legal means.
Firstly, reach out to them and inform them that they are occupying your land.
You may request to know why they decided to settle there in Kent's Gillingham and the time they wish to vacate.
Observe and analyse if the disturbance in Gillingham is being caused by them.
You should contact the Kent County Council if the encampment has spread to the highway in Gillingham.
It is advisable to get in touch with your legal practitioner to discuss the situation and get to know legal costs.
Most Gypsy and Traveller families love the opportunity to speak to other members of the community in Kent.
However, keep in mind that they are aware that they usually get a lot of discrimination thrown at them, so they will probably be cautious when confronted by you.
If you feel that discussions are not progressing, leave the discussion for the moment and seek Denbigh Franks's advice.
Some landowners in Gillingham, Westfield Sole, or Wouldham are happy to allow small groups to stay where good relationships are established early and no major problems arise.
Some Gillingham landowners appreciate the travellers' contributions to their community and commerce, although this may be temporary.
You may need permission from the local council in Kent if they are planning on your property for a long time.
Most likely, your solicitor will advise you to seek possession in civil courts in Gillingham under Part 55 of the Rules of Civil Procedure.
This will involve:
Discussing the vacation of the unauthorised occupants in Gillingham
Obtain and serve a Kent court summons
Applying for a possession order in court in Gillingham
Giving them the possession order in Kent; if the situation warrants it
Executing a warrant for possession order with Denbigh Franks county court bailiffs
Often, gypsies and travellers in Gillingham will tend to move out once they have been given a notice.
But, you can hire Denbigh Franks private bailiffs to remove them, and sometimes you do not need a court possession order in Gillingham to evict them.
When you undertake proceedings under the Civil Procedures Rules 1998 in the Kent county court to obtain a court order for eviction in Gillingham, the court hearing will come up at least two days after the document is served.
You should try to first check the cost since solicitors in Gillingham charge different fees.
Carrying out rubbish disposal in Gillingham, Wouldham, or Westfield Sole would be down to you; however, Denbigh Franks can provide you with a quote for the job.
Trespassing is not a criminal offence but a civil offence so, the police will only come to visit all sites in Gillingham that are reported to them.
The police do not have the legal right to remove trespassers from privately owned land in Kent, this is down to the owner of the land.
Every illegal encampment in Gillingham will be thoroughly examined by the Kent county police department, according to the guidelines of Department for Communities and Local Government and Home Office.
However, if the criminal activity is observed by the traveller and other trespassers in Westfield Sole, Gillingham, or Wouldham, the police can act on it and have the power to stop the criminal activity.
On top of this, they also have the power to 'direct' travellers off the land in Gillingham when the behaviour of the group contradicts the Public Order Act of 1994 and Criminal Justice.
In some cases, where there are more than 5 vehicles belonging to the travellers in Gillingham, under Section 61 of the Criminal Justice and Public Order Act 1994, Kent police have the right to use powers.
The police can only use this power if the travellers are engaged in criminal activities or cause public disorder in Gillingham that are beyond the powers what can be handled with normal criminal legislation, and, their trespassing is a factor to be considered.
The Human Rights Act stops police in Kent from using Section 61 of the 1994 Criminal Justice and Public Order Act when welfare rights in Westfield Sole, Gillingham, or Wouldham are not included by the civil courts.
What if the Gillingham landowner does not take the appropriate action to evict the unwanted occupiers, what action will the Kent council take?
If the Council discovers that the Gillingham landowner breached any license or planning requirements, it would proceed to take actions against the landowner, which may lead to the removal of the unauthorized encampment in Kent.
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