Travelers Triumph: Judge Rules Council Wrong in Eviction Battle at Park-and-Ride Campsite

A band of travelers succeeded in a significant legal battle allowing them to remain at a park-and-ride facility following a ruling from a judge who determined that the council had erred in attempting to remove them.

The Medway Council in Kent attempted to remove the Romani Gypsy families living at the Wigmore Coach Park near the M2 motorway.

The court was previously informed about how the group comprising 15 adults and 14 children was relocated to the site by the local administration during the summer of 2023.

If they paid a monthly charge and adhered to specific regulations, they were allowed to remain at the location for a period of three months.

However, in October, they received an eviction notice from the council, which stated their intention to sell the property at some point soon.

Nevertheless, a judge has determined that the authorities violated their human rights by attempting to evict them, as it was revealed that no actions were taken to put the property up for sale.

This indicates that the travelers can stay put, although they don't possess a permanent entitlement to reside at the parking area.

The court judgment - thought to be one of the first wins of its kind in the last decade - explained that circumstances 'may shift the balance in favour of eviction'.

The cluster of families has submitted an application for planning approval to convert the park and ride – formerly utilized by people heading to London – into an authorized traveler site.

An initial planning application was submitted last May but was refused just two months later. An appeal against the refusal is due to take place on Wednesday.

Concerning the eviction, Canterbury County Court heard the travellers were moved to the site, which was a park-and-ride until the pandemic, by the council in July 2023.

Initially, they set up camp at the nearby Laburnum Road Recreation Ground in Strode, where council officials found out that several members were heavily pregnant, and others had serious health issues.

They received approval to remain at Wigmore for three months, provided they paid a weekly license cost of £285 and adhered to specific regulations.

However, in that October, the council served them with an eviction notice even though the group maintained they adhered to the specified regulations.

Once they refused to vacate the premises, a possession order for the land was granted by the end of the year.

Medway Council stated that their rationale for issuing the order was because they intended to sell the land in the 'near future.'

However, during the proceedings at the county court, it came to light that no actions had been undertaken to sell it.

The authorities acknowledged they hadn’t established pitch goals that would ensure ‘adequate provisions’ for Gypsy and traveler sites—a significant shortfall affecting the entire nation.

This situation arises because several group members mentioned that they have had their names on waitlists for up to 10 various traveler sites over the past ten years.

Tina Herring, who resides at the location, stated: "I believe it’s up to the council and the government to provide stable accommodations for everyone who requires them instead of constantly relocating us, as this won’t address the issue, will it?"

'It simply gets passed along from one county to another, and nobody wants to address your issue. This creates a never-ending cycle that continues without resolution.'

Regarding the council's efforts to evict them, she commented: "We were granted the lease with the stipulation of maintaining cleanliness, which we already uphold. We shouldn’t have to be reminded of this."

'"No anti-social behaviour" - we have no problems with the police. "No work, no fires, keep all these rules, and then we'll probably give you a longer lease". We've obeyed all the rules.'

A lawyer representing part of the group said the courtroom victory was unprecedented in the past ten years.

However, Medway Council stated that they were determining 'the best approach moving forward,' mentioning that the decision was 'disappointing.'

Councillor Louwella Prenter, who heads up housing for Medway, stated: "We are disheartened by the county court decision refusing to return ownership of the former Wigmore commuter car park on Maidstone Road to Medway Council."

This is an extensive and intricate ruling, and we'll carefully deliberate over it before determining the optimal way to proceed.

'The permission to utilize the location was initially meant as a short-term arrangement lasting just three months, and the parking area is not considered appropriate for prolonged residency.'

Earlier inquiries have revealed that numerous local councils in Kent continue to fall short of addressing the housing requirements for the traveling community, even though it is legally mandated.

Following the implementation of laws enabling municipal bodies to remove, penalize, or detain travelers who establish unauthorized campsites, these individuals frequently find themselves constantly relocated from one roadside location to another.

Marie Conde, who is also part of the group, compared residing there under constant fear of being evicted to a condition she described as 'limbo'.

She mentioned that you could never schedule a Sunday roast since you were always ready to leave at short notice," she explained. "And taking the children out for a whole day was impossible because someone had to stay behind.

Ms Herring added: "Everyone believes this lifestyle is perfect – and indeed, up to a point, it is – yet you cannot simply lay your head down at night without consequence."

'One can never predict when that petrol bomb might be hurled at them. These people should focus on addressing our requirements rather than continually pushing us away.'

The group is now 'praying' the planning permission application is granted.

With no permanent place to stay, members of the group have no postcode and have no access to essential services such as healthcare and education.

"We are speaking for the children, the grandchildren, the great-grandchildren, and those yet to come,"Ms Herring stated.

They require their education. They also need routine medical check-ups with a doctor. I beg you, everyone, to accept us—we have been here for quite some time now.

When will you acknowledge our status as equal human beings? I hope my statement doesn’t cause anyone pain, yet it’s essential for us to be integrated into society as equals.

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