Learn the rights you have in Saltash, Plymouth, or Plymstock, when facing eviction as a gypsy or traveller on an unauthorized encampment or an unauthorized site in Plymouth.
In most cases, gypsies and travellers park their campers and caravans on warranted properties in Plymouth which are owned by a housing association or comes under private ownership.
The Plymouth site owner can only evict you from a permanent site in Devon if they have a solid reason for eviction and they have gained the court order.
You are at risk of being expelled in Plymouth, Plymstock, or Saltash if you:
Fail to pay the pitch fees in Plymouth
Your caravan for the mobile home is not maintained in Devon
Have antisocial behaviour in Plymouth
And if you don't use the mobile home in Plymouth as your main living place than living at the site is at high risk for you.
Although, many council sites in Devon will allow you to travel for several weeks per annum in a mobile home.
In order to get an order for eviction in Plymouth, Plymstock, or Saltash, the site owner in Plymouth usually has to show that:
An eviction notice given a reasonable time to rectify issues between you
You have failed to keep a term of your agreement
A possession hearing in Plymouth would be held in court where the situation would be assessed.
Solicitors in Devon are allowed to be a part of this court hearing.
The decision to terminate your agreement and start the eviction process in Plymouth would be made by the court in Devon.
Councils present transit sites that are authorised in Plymouth, Plymstock, or Saltash.
You can pitch on a transit site in Plymouth that you can freely stay there for as long as 3 months.
The council in Devon has the power to end your right to stay on the site in Plymouth by giving you 4 weeks' written notice without a court order.
You can also be evicted by the council from the Plymouth site if you breach any agreement term.
They must serve you a notice of what you have committed and reasonable time to put things right before vacating the site.
Due to a scarcity in most areas in Plymouth of transit and authorised permanent sites.
If you have bought your own property in Plymouth, Plymstock, or Saltash to get around this issue, you require planning permission and a site license to park and sleep in a caravan there.
The council in Devon can take legal action against you if you don't have a site license and planning permission, and stop you from residing on the Plymouth site.
The council may:
Serve you an enforcement notice in Plymouth
Go to court to get an injunction to displace you from your land in Devon
In general, you can continue living on your own land in Plymouth as long as the council doesn't take action of enforcement.
This is labelled tolerated development that is unauthorised.
Unauthorized encampment in Saltash, Plymouth, or Plymstock implies gypsies camping or parking their caravan or living in a place where they don't have the legal permission to do so, and these are:
Verges, lay-bys and roads in Plymouth
Farmland or individual-owned land in Devon
Wasteland, forests and parks in Plymouth
Negotiated Stopping In Devon's Plymouth
In some places in Plymouth, you may opt for a negotiated stopping agreement stopping that will help you not to be evicted immediately.
This implies that you agree to simple terms such as not starting fires or disposing waste on the land in Saltash, Plymstock, or Plymouth.
This agreement can be approved by the council in Devon for up to a month's stay.
You can talk to a Traveller and Gypsy council liaison officer.
If you refuse to move after receiving an eviction notice in Plymouth, the police or council may:
Grant structured guidance for you to quit the land in Plymouth
Apply for an eviction order at the Magistrate's court in Devon
Before you would be served a formal eviction notice, the rights of the children present in Plymouth, Saltash, or Plymstock must be considered.
It is a criminal offence to remain on unauthorised land in Plymouth after a legal order has been served to you.
You can be arrested, or fined, and your vehicles may be towed.
You can defend yourself from not vacating from Plymouth on time by providing proof that someone in the household was ill, there was an emergency issue or vehicle break-down.
You are legally counted as homeless in Devon if you are unable to park and live in your caravan legally.
You qualify for help from the council if you're in the verge of being evicted or already homeless in Plymouth.
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