Prevention is always better than cure is an old adage, and our clients often ask us is there any way of preventing further future incursions by trespassers or travellers.

In our experience nothing is full proof, but the following often deters trespassers and travellers from camping on your land.
If you are concerned that travellers are going to target your land soon then as a quick temporary measure call a local skip hire company and pay for them to deliver a full skip and park it to restrict entrance to car parks and land.
You find that a lot of roving trespassers, travellers in particular have a route where they go to certain areas at certain times of the year to work. They carry out building work, re-surface drives, tree cutting and provide other seasonal services. They tend to go back to the same place each year at a similar time if it has worked for them in the past.
They know that no land owner wants them on their land, but some are more tolerant than others. They do not want to move quickly when they have work in the area. They usually move from the land eventually on their own to work in a different area. This of course could be a few days or if left alone a few weeks or more. They know where they can get the most time and chose to use places they will get more than a couple of days from as a preference.
The quicker you deal with them the less likely you will be targetted again
The first thing we recommend is contact the police, and start to gather evidence of any acts of nuisance, criminality, etc. The police have powers to move travellers under section 61 of the Criminal Justice and Public Order Act 1994.
The Police at times may be reluctant to using this power, so the landowner will often have to engage bailiffs themselves first, and do all they can to evict these occupants, before the Police can be persuaded to assist. If the bailiffs are unable to evict without a court order because the resistance is too great, then having all the evidence to hand to speak to the police will help.
We also advise you should get dog security on site ASAP so that it prevents and deters any break-ins or criminal damage to your property, and get them to act if possible as gate keeper preventing more people joining the encampment.
The landowner should act as quickly as possible in engaging a bailiff company to deal with the issue. Any delay may result in more people arrive, further damage to the land and property, and disturbance to customers and neighbours.
The bailiff company will give you advice based upon their experience and send out a bailiff or team of bailiffs to serve the occupants of any unauthorised encampment a notice to leave. At this point, they will also carry out a risk assessment, ascertain where possible which travellers they are, and seek their intentions as to how long they intend to stay.
They will work out how they can be evicted with or without a court order. A copy of that risk assessment should be sent to you as you are the landowner and the bailiff company is your agent, and if things go wrong you will need to prove this was done properly.
Sometimes the occupiers move very quickly when served. Others need a gentle push with a small team doing a low-key visit to stay on site a while and encourage them to leave. Other times it requires a large team, and a tow truck and things can get quite confrontational.
Often these days if an attempt is made to tow the travellers off, the occupants are well versed with tactics to disrupt or halt this. They put people, usually women and children, inside the vehicles or clamp their vehicles. This means they cannot be legally towed under health and safety law, and the use of force would be unreasonable without a court order. They may also threaten to assault the tow truck driver and or the bailiffs.
In these cases without police support an eviction cannot take place. Often the police will not support an eviction without a court order. If that is the case, then that is the time for you as the rate payer and landowner to escalate the appeal to the police. This would be to either support or issue a Section 61 notice for them to leave. A good bailiff company will be able to advise you on how to do this quoting the right laws and sections. If that does not work, then the last resort is always a court order which means the police are obliged to assist a High Court Enforcement Officer in the enforcement of a writ under section 99 of the courts act.
It is worth remembering that sometimes it is best to contact Quality Bailiffs as soon as you become aware of trespassers because it can save you weeks of stress and reduce any negative impact on your land, business and property.
Quality Bailiffs has over twenty five years of experience in Traveller and Trespasser eviction.
Read more about our traveller eviction service.
This article was written by Andrew Coates, Authorised High Court Enforcement Officer and full member of The High Court Enforcement Officers Association, and current CEO of Quality Bailiffs.
Andy has a Level 4 diploma in High Court Enforcement, and over twenty five years of experience in the bailiff and investigation industry. He is a former governing council member of both CIVEA and ABI.
This article does not constitute receiving professional advice legal or otherwise, and is meant for educational purposes only. All information is provided in good faith and is used at the user’s own risk. Enforcement Bailiffs Ltd, or its employees, are not qualified or insured to give legal advice and all clients should satisfy themselves of their own legal position before using or proceeding with any of the suggestions, strategies or procedures contained in this guide, and before instructing us.
Published 27 Jan 2024
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