When you live on a privately run Gypsy / Traveller site in Melksham, Devizes, or Calne, your privileges will depend on what sort of site it is and whether it is a secure location in Swindon with planning permission and site authorization.
If you live in a protected site in Swindon, you have more rights than inhabitants who live on an unprotected site, which include more protection against eviction in Wiltshire.
An unsecured site in Swindon refers to an area with no site certification and planning authorisation and in case you are staying in a place of this kind in Wiltshire, then you have limited rights, and the property holder may easily kick you out of the place.
You should have other privileges as a common law tenant getting removed in Melksham, Devizes, or Calne, including the ability of notify for at least four weeks, but you may consider that impossible to execute in Swindon.
When you park on private land without permission in Swindon, you may be evicted by the owner or legitimate resident (for example, a tenant).
You should note that the landowner may not know you are living there except somebody complains about your encampment in Wiltshire.
You could contact the landowner in Swindon and discuss your need with them, for instance, if your camp in Melksham, Devizes, or Calne is not troubling anyone, and they do not need to make use of the land, they will allow you to stay without any objections.
If the land owner or occupier in Swindon decides to evict you, they may:
Apply for a possession order or an interdict in the court in Wiltshire for your eviction from the Swindon land
Request Swindon council to take appropriate action
Ask the police in Swindon to take action
Get rid of you from Wiltshire themselves
If you are located on private land without permission in Devizes, Melksham, or Calne, owners or residents reserve all the right to remove you from the private land by applying for an eviction in Swindon to the sheriff court.
If granted, the court will send you a paper called summary Cause Summons to invite you to attend court in Swindon for a trial of the case.
However, you need to get advice from Denbigh Franks or solicitor straight away if you receive a summons.
Your local Citizens Advice should contact a solicitor who can help you in Swindon.
When the case comes to court, you won't have any defence because you're accused of trespassing on the owner's land in Swindon, but the solicitor's can use the humanitarian grounds to delay the eviction in Wiltshire, for instance, they can claim that you cannot move on because of an ill family member.
If the Sheriff gives an order or eviction in Swindon, you will have to move out.
The term "interdict" is used for a Devizes, Calne, or Melksham civil court order that tells you to avoid something from doing or to stay away from a particular individual or place in Wiltshire.
So, if landowner in Swindon applies for it, you will be receiving court papers instructing for the action you must take.
For example, you may be sent a prohibition ordering you to move away from the land of the owner in Swindon, or preventing you from moving in the first place.
Get in touch with a law centre or a lawyer in Wiltshire as soon as these papers by the court are sent to you and you receive them.
The local Citizens Advice may be able to advise on a solicitor in Swindon to help.
Your solicitor will defend your action in the court.
Before granting the interdict, the court in Calne, Devizes, or Melksham should take into consideration your circumstances.
For example, the court in Swindon will not grant an interdict if it puts your household into a difficult situation.
However, if the interdict is approved and you violate the terms, for instance if you choose to remain on the land in Swindon; if the interdict gives empowers the police in Wiltshire to arrest you, you may be arrested.
You may be fined or face imprisonment if the landowner in Swindon has enough evidence to prove that you breached the terms of the interdict.
If the landowner in Swindon doesn't have the planning permission for a site on their land or your site is causing a safety issue, the Wiltshire council has the authority to move you on.
The police can also be called to remove you from the land in a final effort in Melksham, Calne, or Devizes.
It is not against the law for a Swindon property owner to evict you without getting an order of the court.
However, if their action caused injury to you or damage to your property or vehicle, you are advised to file a report at the nearest police station in Swindon to charge the landowner.
In this case, you are required to gather enough evidence to reinforce your claims, for instance, by taking pictures or recording the scene in Wiltshire on your device.
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