# Police Enforcement



## hymerjeff (Sep 3, 2009)

Some time ago I came across an article in one of the forums regarding the rights of a police officer to request/tell you to move your m/h from a layby where you where staying overnight.One of the replies was to the effect of "quote statute so&so" and you shouldn't be bothered again. Any ideas where this article is?


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## gaspode (May 9, 2005)

Hi Jeff

That rings a bell from somewhere. :idea: 
Probably in the "Wild Camping Spots / MH Friendly Parking" forum somewhere. Have a look through the posts in that forum.

You could make it easier for yourself and subscribe so you can use the forum search facility?


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## DTPCHEMICALS (Jul 24, 2006)

Lots of info readily available. Bargain at a tenner

dave p


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## Briarose (Oct 9, 2007)

hymerjeff said:


> Some time ago I came across an article in one of the forums regarding the rights of a police officer to request/tell you to move your m/h from a layby where you where staying overnight.One of the replies was to the effect of "quote statute so&so" and you shouldn't be bothered again. Any ideas where this article is?


Do you recall if the topic also mentioned having a glass of wine etc as I seem to recall that one ?


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## 96897 (Dec 6, 2005)

Can't you just use the old migraine/tummy bug excuse if necessary? Or no good at lying?

Has anyone ever been asked to move on? I haven't, but then never park in anyone's way or where it's not welcomed. I did meet someone in Falmouth who said the police searched his van, but then he was a bit more disreputable looking than I (which takes some doing!) and a single bloke with a shabby caravan - it shouldn't make a difference, but it does. Hey ho, such is our world.


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## CliveMott (Mar 10, 2008)

Last time we were told the move the copper said it was a local byelaw. How the heck do you challenge that?


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## Spacerunner (Mar 18, 2006)

CliveMott said:


> Last time we were told the move the copper said it was a local byelaw. How the heck do you challenge that?


Don your gleaming armour, stride you white charger and say," Ho varlet of the fuzzy tribe, you have insulted milord and I demand satisfaction".

Then slap 'im with yer mitten! :lol:


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## 96897 (Dec 6, 2005)

But how the heck are we supposed to know the local byelaws - take a journey from Somerset to Scotland, for example... I know ignorance of the law is no excuse, but ignorance of byelaws?


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## CurlyBoy (Jan 13, 2008)

*stopping*

Hi, aren't we being constantly reminded that tiredness is one of the main causes of accidents and that we should take a break? I would use that argument if asked to move on, and make it obvious that I was noting the police officers number for my complaint! But then I have as yet never been asked to move on when wild camping in Scotland,Wales or Cornwall.
curlyboy


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## erneboy (Feb 8, 2007)

Quote "But how the heck are we supposed to know the local byelaws - take a journey from Somerset to Scotland, for example... I know ignorance of the law is no excuse, but ignorance of byelaws?" 

Just heard the previous Director of Public Prosecutions on Radio 4. He said "There is too much criminal law", he went on to say there had been 3000 new laws under this labour government and he had no idea what they were all about. 

What chance the rest of us, never mind bye laws. Mind you I did not think the Police would be concerned with by laws. Maybe someone will explain that point, Alan.


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## navman (May 10, 2005)

CliveMott said:


> Last time we were told the move the copper said it was a local byelaw. How the heck do you challenge that?


As and ex cop... had you told me that you were tired and needed to sleep I would not have pushed it any further.. Imagine it.... you having an accident having been told to drive by the old bill....


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## steco1958 (Mar 5, 2009)

When was the last time you saw a local bobby, to ask you to move on ???

Unless they VOX the speed cameras, I think you would be quite safe


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## erneboy (Feb 8, 2007)

Do Police enforce bye laws? Alan.


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## wobby (May 1, 2005)

Get your wife to put on a pair of big loop earrings and tell the policeman your a member of the travelling community, after all we are! and they can't touch you. Oh don't forget to carry a big of rubbish to throw around the van, it would help to have 8 kids in tow.

Wobby


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## erneboy (Feb 8, 2007)

Wobby, surely that is something ist or at least not PC, Alan.


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## Hymie (May 9, 2005)

*ist or PC ??*

Why is "it ist or not PC" to tell the truth ??

Or were you joking??


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## Gereshom (Jul 7, 2007)

The article everyone is looking for is a download on the resources menu!

Somebody has written out an A4 printable sheet which clarifies the issue.

Regards
Gereshom


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## asprn (Feb 10, 2006)

hymerjeff said:


> Some time ago I came across an article in one of the forums regarding the rights of a police officer to request/tell you to move your m/h from a layby where you where staying overnight.One of the replies was to the effect of "quote statute so&so" and you shouldn't be bothered again. Any ideas where this article is?


I love these threads. The Have-A-Go-Joes smell an Old Bill thread from four miles away, and land like hooded vultures on a corpse to start picking, but the question never gets answered. :lol:

There was one on parking up overnight whilst in drink (click here). However, it doesn't deal with your question.

The definitive answer is this. A Police officer has (to use your phrase) the right to request/tell you to move your motorhome from an overnight layby, if he or she is entitled to do so in law. "Law" in this context will mean an Act of Parliament, or a local by-law. As there are none of the former on the statute books relating to overnight parking of motorhomes, it therefore falls to the latter, and by definition, "local" means just that. So, it will vary from district to district which might seem confusing, but as a general rule, by-laws relating to overnight parking are obliged to be clearly signed.

Moving on to perhaps a more pertinent question, under what circumstances might he or she use his or her powers to do so? The vultures will tell you from other people's personal experience, that it'll be when the copper isn't out catching burglars when he orta be (always "he" :lol. Perhaps a slightly more realistic answer will be under the circumstances of your own personal safety (I've done this, and have known others to do it) when you park up in what looks to be a layby in an innocuous place, but my local knowledge tells me that you may be liable to things that go bump in the night. Or, because it's prohibited by said local by-laws which are there because the location was abused and therefore the by-laws were put in place (I've never done this, and have never known others to do it). Or - as the hooded vultures have said - because the officer has nothing better to do, and needs to get a life (I've never done this either, and have never known others to do it).

The chances of some sad copper waking you up in the middle of the night to move you on for no good reason, is in my experience, just about nil. We have indeed got lots of better things to do (like staying in if it's that quiet a night....).

Dougie.


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## sersol (Aug 1, 2005)

Dougie,thankyou a very informative post.
Please don't think that all of us "hooded vultures" :wink: are out to get you and yours, far from it.On the whole most people have respect for the police,just maybe not for some of the laws that they have to uphold. :lol:


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## asprn (Feb 10, 2006)

sersol said:


> Dougie,thankyou a very informative post. Please don't think that all of us "hooded vultures" :wink: are out to get you and yours


Nice of you to say so - thanks. It is a good analogy sometimes though.  I shall keep your warm words in mind as I go forth this morning keeping an eye on the sky. :roll:

Dougie.


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## navman (May 10, 2005)

asprn said:


> I love these threads. The Have-A-Go-Joes smell an Old Bill thread from four miles away, and land like hooded vultures on a corpse to start picking, but the question never gets answered. :lol:
> Dougie.


They do make me laugh too Dougie. But then again we didn't join the job for an easy ride did we?


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## navman (May 10, 2005)

asprn said:


> I shall keep your warm words in mind as I go forth this morning keeping an eye on the sky. :roll:
> 
> Dougie.


Roll on retirement ah Dougie? Which I understand is not too far away.


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## 91502 (May 1, 2005)

[/quote] Roll on retirement ah Dougie? Which I understand is not too far away. [/quote]

I hope it's not far away as I am looking forward to a good knees-up.

Working as I do in the same area as Dougie I often stop when I see a MH parked up in a lay-by. Usually to suggest a better location away from traffic and noise. Police officers usually have a good knowledge of quiet spots for those long night shifts. The plus side of doing this is the occupants usually get a more peaceful night and I get a cup of tea.
James


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## pippin (Nov 15, 2007)

JP - that is the most sensible attitude! Thanks.


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## erneboy (Feb 8, 2007)

Dougie and JP, thank you for clearing that up, most infromative, Alan.


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## safariboy (May 1, 2005)

I understood that the only right you have on the highway (which includes layby's)is to "pass and repass" and this is under common law. so a police officer can ask you to move but there is no offence.
Perhaps those who know better can comment?


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## SpeedyDux (Jul 13, 2007)

safariboy said:


> I understood that the only right you have on the highway (which includes layby's)is to "pass and repass" and this is under common law. so a police officer can ask you to move but there is no offence.
> Perhaps those who know better can comment?


Spot on safariboy.

SD


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## wobby (May 1, 2005)

erneboy said:


> Wobby, surely that is something ist or at least not PC, Alan.


Afraid so, but true.

Wobby


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## passionwagon (Nov 13, 2005)

asprn said:


> hymerjeff said:
> 
> 
> > Some time ago I came across an article in one of the forums regarding the rights of a police officer to request/tell you to move your m/h from a layby where you where staying overnight.One of the replies was to the effect of "quote statute so&so" and you shouldn't be bothered again. Any ideas where this article is?
> ...


 8O Hi ASPRN. Excellent information once again from one who knows. I wish there were more like you as too often a question is asked and a deluge of well meaning but confusing replies most with some incorrect information. 
Anyway I have reread your alcohol facts especially the pub part and ask if the TESCO etc car parks are public when the shop is open and private when closed even if not by a barrier. :wink:


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## 91502 (May 1, 2005)

Regarding Tesco's carpark. I guess you are referring to being drunk in charge. Tesco's would not fall into the same category as the carpark of a public house because it is specifically worded "a public house". 
In my opinion the worries about people being caught sleeping in their MH after a bottle or two of vino are totally out of proportion. No one will get locked up as long as they are really parked for the night. 
There is always the story of the friend of a friend of the bloke in the pub which never ring true, I think these are called urban myths. 
Just enjoy a nice bottle and a good nights sleep. 
Back to being moved on, unless you park in a dangerous position or in an area clearly signposted no overnight parking because they have a problem of some kind you will not be asked to move by a police officer, they have far more important things to do. 
James


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## asprn (Feb 10, 2006)

navman said:


> But then again we didn't join the job for an easy ride did we?


Well, I did, but soon realised my mistake. 



JP said:


> [Retirement...] I hope it's not far away as I am looking forward to a good knees-up.


Fill yer boots. There is apparently a monumental leaving do organised for when I leave, but I'm not invited. :roll:



passionwagon said:


> ....and ask if the TESCO etc car parks are public when the shop is open and private when closed even if not by a barrier


James has pretty much covered it. If the car park is privately owned (it is) and if the public have no right of access when closed (you'd have to ask Tescos, because they still might, perhaps to access the cash dispensers or 24-hr fuel), then it's not a public highway maintained at the public expense. If you were there without permission, then it might be trespass, but that's got nothing to do with drink/driving.  If unsure (and I would be, given possible variables), ask Tescos. Or take JP's advice and sue him if he's wrong. 

Dougie.


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