Trespass Policy
Trespass Policy
Market Deeping Town Council action for the recovery of land and injunction
In the event of Trespassers illegally occupying property owned, leased or maintained by MDTC the following action is to be taken.
Step by step process.
|
Action |
Who |
Notes |
|
Inform Chairman, Chairman of Open Spaces and members of MDTC |
Clerks |
Phone call to Chairman and email to members Ask Park Keepers (from a safe distance to obtain: 1. Number and type of vehicles 2. Registration numbers 3. Any other information that may be relevant
All information to be relayed to the police and vehicle registration details to be kept by MDTC as evidence in case required for repeated incursions |
|
Contact local police |
Clerks to 101 service, 999 if situation is urgent / life threatening |
|
|
Contact DAS Legal Service on 0117 9330626 (Came and Company – Hiscox insurance) |
Clerks |
Policy Ref: TS5/6702387. Call in the first instance at the time of incursion to report it. DAS will give advice and assess the prospects… need to keep in touch with them as MDTC may be able to claim legal fees via insurance claim… |
|
Contact SKDC Legal and Democratic Services to inform of the situation and seek advice etc |
Clerks / Chairman |
Contact Alice Clarke – Case Supervisor |
|
Contact LCC Legal and Democratic Services |
Clerks/Chairman |
Contact Nick Willey – 01522 554218 Liaison Officer |
|
Clerk to prepare the Notice and fill in the appropriate details |
Clerk |
See file on shared drive and hard copy file If weekend 48 hours notice required. If weekday 24 hours |
|
Clerk to prepare Certificate Of Service and fill in the appropriate details |
Clerk |
See file on shared drive and hard copy file |
|
Clerk to complete the map of the trespassed area and mark where the Certificate Of Service posters have been placed |
Clerk then Park Keeper |
Park Keeper to erect signs which will be placed in the four corners of the land. See file on shared drive and hard copy file |
|
Clerk to keep all copies for records |
Clerk |
File in office |
|
If not left by the date and time stipulated, particulars of a claim need to be prepared And, send paper to the County Court The judge will make the decision If not left site by the time of the eviction, court bailiffs will attend and execute the warrant. Clerk to be in attendance with the bailiffs |
MDTC solicitors (firm TBA) Who will prepare papers to be served by MDTC If judge agrees a FORTHWITH order will be issued Papers will be prepared and will need to be served by MDTC Court bailiffs / Clerk |
Court fee’s will apply MDTC representative / Clerk MDTC representative / Clerk |
|
The site |
|
Where possible secure the site, fence, bollards, barriers etc |