Travellers asked to leave Plymouth park and ride after setting up encampment
Plympton police have explained that they are not responsible for dealing with Travellers who have set up an unauthorised encampment at Coypool Park and Ride, because no criminal laws have been broken.
A number of vehicles and caravans have set up the encampment at the Park and Ride which has resulted in complaints to both the police and Plymouth City Council.
Writing on their Facebook page, Plympton Neighbourhood Police wrote: "We acknowledge concerns raised regarding the Unauthorised Encampment at Coypool Park and Ride. Police and council have conducted a joint visit today [May 7] after our initial visit on Thursday [May 2].
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"Since arrival, there have been no reports to police of criminal damage or any other criminal matters. The landowner has confirmed there has been no damage caused on gaining entry.
"Therefore, this does not meet the threshold for the use of police powers and correctly sits with Plymouth City Council as the lead agency.
"The council will be posting updates on their website as to the progress of the Notice to Leave."
The neighbourhood policing team went on to give a breakdown of the law as it stands with regards to Travellers and unauthorised encampments explaining the "process for removing trespassers from land"
They explained: "Trespass is a civil matter and therefore, it is the responsibility of the landowner to remove trespassers from their land. If the trespassers do not leave the land when requested by the landowner, it is for the landowner to seek a possession order for the land through the Courts."
As for the definition of an unauthorised encampment they explained: "An unauthorised encampment is where people are residing on land without the permission of the landowner. In these cases, it remains the responsibility of the landowner to remove the trespassers from their land.
"Where an unauthorised encampment is on council owned land, the Local Authority will lead on the response supported by the Police. In cases of unauthorised encampments, Police will periodically attend the site with the Local Authority and/or landowner to assess welfare needs of individuals on the site as well as any ongoing impact on the local community."
Explaining when police can use powers in relation to unauthorised encampments, they added: "The police have specific powers to intervene in the eviction process and remove trespassers from private land.
However, these powers will only be used if it is deemed proportionate and necessary to do so. In each case, a senior officer will consider the circumstances on a case by case basis taking into account the impact on the local community along with reports to both the police and Local Authority. This must also be balanced with the rights of the individuals within the unauthorised encampment in particular having respect the way of life of any protected groups.
"The mere presence of a group without any aggravating factors should not normally create an expectation that police will use powers to move trespassers on.
"Statutory Guidance for Police on Unauthorised Encampments provides specific criteria where it may be proportionate for the police to use powers. However, the guidance clearly demonstrates that there is no specific tipping point and the police must consider the circumstances as a whole including the resourcing implications before deciding on whether to use police powers.
"You should report all crimes and anti-social behaviour to the police through the Devon & Cornwall Police website or 999 if the crime or incident is ongoing and someone is at risk."
Plymouth City Council posted information abut the situation on its newly created webpage, headlined Current unauthorised encampments stating that on May 7: "We are aware of an unauthorised encampment at Coypool Park and Ride car park. Council officers have visited to carry our welfare checks and arrange for bins and toilets to be provided. A 48 hour Notice to Quit has been served."
The website page allows residents to report an unauthorised gypsy or Traveller site, report antisocial behaviour and report fly-tipping.
At present the organisers behind the Coypool Park and Ride Car-boot sale - which is held every Sunday - have posted on their Facebook page that the event is still scheduled for Sunday May 12, claiming that the Travellers are "due to leave any day" but added that they "do have a back-up if not".
What is the law around moving Travellers on?
While it may not be something everyone agrees with, Travellers have been a part of British culture for hundreds of years and it is important to recognise that they are a race of people with rights and needs.
Council's across the UK have a duty of care to travelling communities and all have designated areas where groups can stay.
The city council has a dedicated transit site called The Ride near Slatram, in Plympton, where Travellers can park caravans and have access to electrical power sockets and water.
Difficulties arise when Travellers refuse to use the site, and instead set up camp on private or publicly-owned land.
If an encampment is reported on public land or local parks, the council has to apply to the civil court for an eviction order.
If a camp is set up on private land it is the responsibility of the landowner to apply to the court for an order.
In both cases it is down to bailiffs to enforce eviction orders and move Travellers on.
Police officers have no powers to remove Travellers unless they receive reports of "aggravating factors" such as disorder, antisocial behaviour or crime.
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