Tuesday, May 06, 2008 at 17:21
Guys! It pays to read the signs, then again a second time, then have a good think and interpret what you have read.
"No Camping"
This is, I believe, generally interpreted as setting up a
camp site as distinct from
parking then sleeping inside a caravan. Virtually impossible to police if you are caravan based. Starts to get a little
grey I believe when using a tent trailer and you are under canvas with the floor on the ground.
"No Camping Or Staying Overnight"
This one is a bit different, the "No Camping" bit is pretty
well as above because once you have set up
camp then it may be said that you are camping. Now the "No Staying Overnight" bit is interesting, it hinges around the word "overnight" which is generally accepted to mean from a period of darkness till sunrise.
For a Council Officer to issue an infringement notice he/she is required to have his/her "proofs". i.e. In this case, the caravan/motor
home was in place at darkness, stayed through the period until dawn/sunrise and therefore stayed overnight. However! What if you had pulled up at 02:00am. Is this overnight? Interesting scenario, now the Council
Ranger is in a quandary.
An immediate way out here, specially if travelling, might be to set the old alarm clock, jump into the drivers
seat in your jim jams and move the rig the necessary distance down the road before sunrise then have a leisurely breakfast. As an alternative you may challenge the Council to prove that you did not just stop the previous evening for a meal then spent the night touring the district and had not long returned to
cook breakfast.
A Council
Ranger cannot "force" you to pack up and leave, regardless of whether you are "tired and emotional" or not. To do so would open them to all sorts of liabilities, they can however, most certainly issue you with the appropriate infringement notice.
I don't wish to sound like a smart alec, however after having been employed by an "instrumentality" for some twelve years I have met more backyard lawyers talking out of their rear ends than you would believe.
Some Local Government Ordinances are iron tight, it's bloody hard to prove that you are in control of your dog in a public park when the bastard just bleep in someone's picnic box then ate their first born child. It can be quite another for the
Ranger to prove a case in another situation.
Government Instrumentalities have all sorts of by-laws and ordinances,some are purely deterents due to the difficulty in acquiring the necessary "proofs" to enable a successful prosecution. You may very
well use that to your own advantage.
If you believe that you are in the right then by all means state your case in a polite and couteous mannner, in the way you would wish to be addressed. I have seen any number of situations where someone has loudmouthed themselves into an unnecessary iinfringement notice.
Ian
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