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 Topic: Police didn`t seize stolen Caravan
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09/8/2013 at 1:08pm
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This story was covered last week. They were apparently "between insurance" but who in their mind doesn't have a policy end as another starts.
It was also reported it was bought in a pub for £350, kosher then ........ NOT.
What a farce.
Ali
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09/8/2013 at 2:32pm
Location: Essex
Outfit: 1996 Bailey Senator 5000
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There are two issues with this. One civil, one criminal.
The problem is that as they are living in the caravan then the police have no power to evict. The legal owners must apply to the court, get an eviction notice then apply to the court for bailiffs to evict. Only bailiffs have the legal right to forcibly remove someone from a property.
The police can act on the criminal matter which is the theft and/or handling of stolen goods however they are very unlikely to do so as they would need to prove they did indeed steal it or that they knowingly handled stolen goods.
Now it's especially difficult for the original owners as to regain possession they'll need to serve court papers on the current residents in the caravan. Now as I understand the police have not told the original owners how or where the caravan is (most likely for their own safety) so serving of the court papers is near on impossible so it's unlikely to ever get to court in the first place.
Even if it did the chances of the caravan still being at said location when it does get to court, chances of the current resident's paying any attention to the court and the chances of court appointed bailiffs ever finding the caravan let alone in a state the original owners would want it back in are very slim.
Before anyone blames the government, eu or red tape remember this legislation was put into place to protect those genuine tenants who rent properties from rogue landlords. If you've ever rented a domestic property in England or wales(Scottish/NI rules are different) and enjoyed the fact that the landlord can't just evict you at the drop of a hat then you'll be in favour of these rules.
Now the lesson to be learnt here is insure your van.
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09/8/2013 at 3:44pm
Location: None Entered
Outfit: raclet quickstop 2008
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its nothing to do with human rights, that's just part of the filth peddled by the daily mail.
it is however to do with the extremely slack civil law surrounding eviction of squatters, but i would have thought the police could overturn this by proving its stolen but obviously that is too difficult!
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09/8/2013 at 6:42pm
Location: Morecambe
Outfit: Daystar `91 + Berlingo
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The Police and the Law Courts become more useless by the hour. And more expensive. Off wi their bloody heads! Useless b****rs . . Perhaps the Government is promoting a "sea change" on what is wrong and what is right . . .
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Peripheral people don`t have as much excitement but they sure live longer
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09/8/2013 at 8:45pm
Location: Doncaster
Outfit: Peugeot Autocruise Starfire 2 berth
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biggest load of goolies ever.
stolen is stolen. end of story.
ignorance is not a defence. unless you are a footballer.
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09/8/2013 at 9:11pm
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Its also fair to say that the police are as peed off as joe public is about how some judges are dealing with criminals.
There hands are also sometimes tied for various reasons or legal loopholes, like the case in point.
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It is a wise man who has something to say.
It is a fool who has to say something.
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10/8/2013 at 8:39am
Location: Worcestershire
Outfit: Buccaneer Cruiser
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Why has it taken from September last year when the caravan was found until now for it to be highlighted in the press?
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10/8/2013 at 12:35pm
Location: West Berkshire
Outfit: Bailey Unicorn Seville
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So if somebody breaks into your house while you are away and stays there they can't be evicted because they are "living" there. What a load of ... is that. Criminals have far too many rights in this country and that is why there is so much crime - they know they can get away with it.
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10/8/2013 at 2:04pm
Location: Staffordshire
Outfit: Freelander 2 2.2GS
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Surely the same rules don't apply to caravans as they do for houses? Eviction from a property needs to be by Court Order - not so on recovering stolen property. If a car was found to be stolen, it would have been recovered there and then. These people think they are above the law - and now it seems the police are in agreement!!! If I were the person who lawfully owned this van, I would make a formal complaint about the lack of action by the local plod. £30,000 is a lot of money to lose and to add insult to injury, the local force effectively allow the thieves to keep it.
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10/8/2013 at 8:01pm
Location: Glasgow
Outfit: Elddis Avante 454
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If it was my caravan I'd go round with a few mates and tow my caravan back to my home. The people who bought it in the pub could then take me to court to get it back but I would bet that my paperwork would be better than theirs.
If the police are useless, and it seems that they are, then we need to act.
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We camped for years. In 2019 we bought an Elddis Avante 454. We like it as it is short (6.9m) and fits in our driveway and has a fixed bed.
We had 127 nights away in the caravan in 2023.
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10/8/2013 at 8:49pm
Location: Prestatyn Nr Wales
Outfit: Kia Seddona & 1995 Pennine Pathfinder
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Sorry but it is now a Criminal Offence to occupy a Domestic Residence, without the Owners Permission [that means Squatters, and does not include Tenants]. And as such, it is now the responsibility of the Police, and not Bailiffs to make the Eviction.
Legislation brought in by the Coalition Government, to speed up, Squatters being dealt with. And recently acted up by a Police Force, who could not action the Squatters in the Ground floor Business Premisses. As the Law only applies to Domestic Residence.
The Legislation was put in place by the Coalition.
As to whether a Caravan, is legally considered a Domestic Dwelling, is for the Lawyers to resolve in a Court of law.
Dave
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10/8/2013 at 10:38pm
Location: S Wales The Badland
Outfit: Swift Challenger 530
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"Why has it taken from September last year when the caravan was found until now for it to be highlighted in the press?"
Silly season - they spike a pile of stories & bring them out when things are slack, i.e. when Parliament has gone on its hols.
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SamP
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