Last night, having travelled over 300 miles from my home in Yorkshire, I carried out my first direct action in Hastings against the Hastings Borough Council – Night In Vehicles PSPO by spending the “night” in my vehicle at Cinque Ports Way. I can confirm that a Fixed Penalty Notice (FPN) was not issued and no approach was made to me by Hastings Borough Council.
I had a peaceful nights sleep and awoke to silence, the sight of a glorious moon with a clear dark sky full of stars. The only “anti-social behaviour” I witnessed was by HBC. (I will publish this in due course)
If a FPN had been issued I would have made a successful appeal against it as:
- The PSPO states, “All persons are prohibited from spending the night in their vehicles when parked at Cinque Parks Way” but as night is not defined, the PSPO is unenforceable.
- HBC is in breach of the Anti-social Behaviour, Crime and Policing Act 2014 – 65 – 1 which states “A public spaces protection order may not restrict the public right of way over a highway.” Consequently, to issue a FPN would be a breach of the Fraud Act 2006
- There is no signage.
Further Direct Action
I have contacted HDC making them aware of my actions. If HDC do not revoke the PSPO within a month, I will organise a second direct action. This would be a “night” meeting with owners of motorhomes and campervans invited to join me in Cinque Parks Way.
Assistance Received And Invited
I would like to thank those who have provided local knowledge or made a donation to assist with this direct action.
Please do give consideration to making a donation to assist with my costs as without such help future direct action will be restricted.
In essence, the more assistance I receive the more direct action I will be in a position to take.