Clarification of laws and policy regarding sleeping in vehicles.

D Bukhari made this Freedom of Information request to Cornwall Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Cornwall Council,
I am writing to you regarding Cornwall Council's policy towards people sleeping in vehicles.

1 Please clarify your policy regarding overnight sleeping in vehicles on the highway, road verge, layby, or carpark, specifically Campervans/part conversions, Motorhomes and HGV commercials.
2 Please provide details of law used to enforce this policy.
3 What areas ie districts/specific roads/carparks are covered by this law and which are not?
4 Who is responsible for enforcing this policy?
5 What powers are available to them?
6 What is the step by step method of dealing with a vehicle suspected of having been slept in?
7 What are the penaltys for a proven offence, and who is liable?
8 With who'm does the burdon of proof lie?
9 What evidence is necessary to prove an offence or innocence?
9 What safeguards are in place to ensure that the principles of the Vagrancy act are not improperly applied to Gypsys and travellers or people who can give good account?. As specified in amendment s4
10 If the vagrancy act is being used, where are the reasonably accessable places of free shelter that suspected vagrants are directed to?
11 Are the same principles applied to drivers of hgv vehicles required to take rest periods by law?
12 at South fistral Newquay there are signs saying no camping or cooking. Please define cooking with regard to this sign, and provide details of protocol, burdon of proof, penaltys and supporting law.
13 Are those accused of offending obliged to say anything in their defence. Which Law requires this?

Yours faithfully,
David Bukhari

Cornwall Council

Dear Mr Bukhari

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Pattison Michelle, Cornwall Council

3 Attachments

Dear Mr Bukhari

Please see the attached information in respect of your recent Freedom of
Information request.

Many thanks.

Michelle Pattison

Freedom of Information Co-ordinator - Housing

Housing Service

Cornwall Council

Tel: 01209 614322

Fax: 01209 614496

[1][email address]

Room 307, Dolcoath Avenue, Camborne, Cornwall TR14 8SX

[2]www.cornwall.gov.uk

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Dear Cornwall Council,
Thankyou for forwarding the Policy documentation regarding policy towards unauthorised encampments. How does this information relate to HGV drivers or indeed holidaying people in campervans?
From that information it is impossible for me to find answers any of the questions I asked in my original request.

I am writing to you regarding Cornwall Council's policy towards
people sleeping in vehicles.

1 Please clarify your policy regarding overnight sleeping in
vehicles on the highway, road verge, layby, or carpark,
specifically Campervans/part conversions, Motorhomes and HGV
commercials.
2 Please provide details of law used to enforce this policy.
3 What areas ie districts/specific roads/carparks are covered by
this law and which are not?
4 Who is responsible for enforcing this policy?
5 What powers are available to them?
6 What is the step by step method of dealing with a vehicle
suspected of having been slept in?
7 What are the penaltys for a proven offence, and who is liable?
8 With who'm does the burdon of proof lie?
9 What evidence is necessary to prove an offence or innocence?
10 What safeguards are in place to ensure that the principles of the
Vagrancy act are not improperly applied to Gypsys and travellers or
people who can give good account?. As specified in amendment s4
11 If the vagrancy act is being used, where are the reasonably
accessable places of free shelter that suspected vagrants are
directed to?
12 Are the same principles applied to drivers of hgv vehicles
required to take rest periods by law?
13 at South fistral Newquay there are signs saying no camping or
cooking. Please define cooking with regard to this sign, and
provide details of protocol, burdon of proof, penaltys and
supporting law.
14 Are those accused of offending obliged to say anything in their
defence. Which Law requires this?

Please conduct an INTERNAL REVIEW to establish why this request has not been honoured. And give me a reply to each of the above questions as originally requested.

Yours faithfully,

D Bukhari

Cornwall Customer Services, Cornwall Council

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Did you know that the answers to many of our frequently asked questions
can be found online at [1]http://cornwall-council.custhelp.com and
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Kind regards,

Cornwall Council, Customer Services
Tel: 0300 1234 100

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Christophers Dave, Cornwall Council

2 Attachments

Dear Sir

Please find attached my formal response in relation to your request for an
internal review into the response provided to you for Information Access
Request: 736708

Kind Regards

Dave

Dave Christophers
Principal Customer Relations Officer

Customer Relations
Environment, Planning & Economy
Cornwall Council

Tel: 01872 322028
[mobile number]
[1][email address]

Room 333, New County Hall, Treyew Road, Truro TR1 3AY
[2]www.cornwall.gov.uk
Please let us know if you need any particular assistance from us, such as
facilities to help with mobility, vision or hearing, or information in a
different format.

Please consider the environment. Do you really need to print this email?

This e-mail and attachments are intended for above named only and may be
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based on them, nor must you copy or show them to anyone; please e-mail us
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Please note that this e-mail may be subject to recording and/or monitoring
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Dear Christophers Dave,
Thankyou for looking into my requests and arranging for a proper response.
I have read through the answers to my questions, and after giving it some thought I am still unclear on a number of points, and how they apply to real life situations.

(1)Am I right in concluding that sleeping in a vehicle on the highway, or layby, verge, or council car park is not an offence. Presuming that the vehicle is not an obstruction?
(2)Am I correct to assume any council agent or employee would be aware of this #1 and that they would be acting outside their juristiction were they to claim otherwise?
(3) The Council does not use the vagrancy act, and its employees and agents would be working outside their juristiction were they to claim otherwise- Is this correct?
(4)The signs at south fistral refered to in point 13 of the FOI request, I need a clear answer to that and point 14 please.
(5)Who exactly from the Council or their agents has the job of preventing people from sleeping in vehicles. To clarify, if approached, how would one know if the person had the right to apply a wheel clamp, penalty ticket, or require them to move, as claimed? What identification would they carry?

Yours sincerely,

D Bukhari