Last night I was in Bexhill undertaking my second direct action against the PSPO banning “sleeping in vehicles overnight”. I can confirm that a Fixed Penalty Notice (FPN) was not issued and no approach was made to me by Rother District Council (RDC).
I had a reasonable nights sleep given the rain and wind. I am pleased to report that van dwellers have returned to the location following the publishing of my first direct action which confirmed that RDC can not enforce the ban. This replicates the situation at Leeming Bar with HGVs.
If a FPN had been issued I would have made a successful appeal against it as:
- RDC 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
- The signage is not contained in the TSRGD
- “Overnight” is not defined
I have contacted RDC making them aware of my actions and registered a formal complaint against it Council for:
- Unlawfully breaching the Anti-social Behaviour, Crime and Policing Act 2014 – 65 – 1 by restricting the public right of way over a highway.
- Erecting road signage on the highway which is not contained in the TSRGD.
- Erecting road signage on the highway that is unlawful as it states “overnight”
Assistance Received And Invited
My drive south had an early start from my home in Yorkshire at 02.30 to enable a reconnaissance in both Peterborough and Bedford to investigate further breaches of Anti-social Behaviour, Crime and Policing Act 2014.
I would like to thank those who have provided local knowledge or made a donation to assist with this direct action and my various site visits which are required to facilitate my various campaigns.
Please do give consideration to making a donation to assist with my costs as without such help future direct action and campaigning will be restricted.
In essence, the more assistance I receive the more I will be in a position to do.