If camping on a privately-run traveller/gypsy site in Mitcham, Morden, or Wimbledon, the rights you have will depend on the type of site in Merton and whether it's protected with a site license and permission planning.
You may enjoy more rights in case you are staying on a secured site as compared to if you settle around an unsecured area in Merton and you may even benefit from enhanced safety against eviction in Greater London.
A place that is unprotected in Merton lacks permission planning and a license for the site and you have limited powers in an unprotected area and you can easily get removed by the landowner in Greater London.
Under common law as a tenant being evicted from Mitcham, Wimbledon, or Morden, you have the right to be served with a minimum of 4 weeks' notice, however on this case to implement your rights will be difficult in Merton.
When you park on private land without permission in Merton, you may be evicted by the owner or legitimate resident (for example, a tenant).
Keep in mind that the owner may not even know that you're there unless they get complaints about your campsite in Greater London.
You could contact the landowner in Merton and discuss your need with them, for instance, if your camp in Morden, Mitcham, or Wimbledon is not troubling anyone, and they do not need to make use of the land, they will allow you to stay without any objections.
In case the lawful tenant or property owner in Merton wishes you to leave, they may:
Put in an application to get order of possession or restrain removal through Greater London court for your removal from Merton
Request action from the Merton council
Ask the police in Merton to do the same
Remove you on their own from Greater London
When you have camped without the owner's consent in Mitcham, Wimbledon, or Morden, the private landowner or legal occupier has the right to apply for an eviction order in Merton from the sheriff court.
If this is the case, a court document called a probable cause warrant will be sent to you in Merton advising you where the complaint is going to be heard in court.
You must immediately get advice from a solicitor or Denbigh Franks when you receive the summons from the court.
The local Citizens Advice might be able to help you get in contact with a Merton solicitor if you are having trouble.
The moment the case is taken to court, it will be hard to find any defence considering that you are illegally occupying personal property in Merton, but, your lawyer may help you to postpone your eviction in Greater London for certain reasons like being unable to get out due to sickness or pregnancy.
When the eviction order is granted by the court, you have no option but to vacate the land in Merton.
The term "interdict" is used for a Mitcham, Wimbledon, or Morden civil court order that tells you to avoid something from doing or to stay away from a particular individual or place in Greater London.
If the owner of the land in Merton applies for an interdict, you will receive court documents which would clarify the orders you must follow.
For instance, it may be ordering you to move out someone's land in Merton, or stopping you from moving into it.
It's important to get in contact with a law centre or solicitor in Greater London as soon as you receive these kinds of papers.
Citizens Advice may connect you with a helpful solicitor in Merton.
Your solicitor should be able to defend your action in court.
It will make a court in Mitcham, Morden, or Wimbledon to consider your situation before ordering a veto.
For instance, if the interdict is going to cause great hardship to you and your household in Merton, the sheriff won't grant the interdict.
However, if the interdict is approved and you violate the terms, for instance if you choose to remain on the land in Merton; if the interdict gives empowers the police in Greater London to arrest you, you may be arrested.
You may also be penalised or sent behind bars in case the Merton owner proves beyond doubt that you violated the interdict rules.
The Greater London council has the legal right to move anyone living on the property owned by someone else if the Merton landowner does not have planning permission for the land, or if there are any public health issues occurring.
The police can be called in as a last resort in Morden, Mitcham, or Wimbledon.
The expulsion of you without a court order is not unconstitutional for a landowner in Merton.
But if their action is based on violence that causes damage to your vehicles or injures you in any way you can call and report to the police in Merton and they made face charges.
If this is the case, make sure you gather as much evidence as you can to support your allegations and you can film or take pictures of the scene in Greater London with your mobile device.
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