Traveller family WIN right to stay at car park after it is ruled their human rights were breached when council turfed them out – but they say it’s not enough

A family of travellers who have won a landmark case to stay at a car park have insisted they will ‘never stop fighting’ for permanent residency.

The group, comprising of 15 adults and 14 children, first arrived at the former park-and-ride site in July 2023, setting up home at the Wigmore Coach Park, just off the M2. 

Medway Council, based in Kent, had initially granted them permission to stay at the site for three months if they paid a monthly fee and stuck to a number of rules.

However, in October last year, the local authority handed the Romani Gypsy family an eviction notice, stating that they had planned to sell the land, previously a park and ride used for those commuting to London, in the near future. 

Now, a judge has made the milestone judgement that the authority wrongly interfered with the group’s human rights by attempting to turf them out, having heard that no steps were taken to sell the site. 

Speaking to MailOnline about the milestone case, described by one involved solicitor as the first of its kind in a decade, Julie White, who lives at the site, said: ‘We’re over the moon with the initial decision, it’s like winning the lottery. To have somebody on our side that is willing to help us has been absolutely amazing.’

However, much to the family’s fury, the significant decision means that while the travellers can remain on the site for now, they still do not hold the permanent rights to stay at the car park.

A family of travellers who have won a landmark case to stay at a former park-and-ride site have insisted they will ‘never stop fighting’ for permanent residency. The group, comprising of 15 adults and 14 children, set up home at the Wigmore Coach Park, off the M2, in July 2023

Medway Council, based in Kent, had initially granted them permission to stay at the site (pictured) for three months if they paid a monthly fee and stuck to certain rules. However, in October, the local authority handed the Romani Gypsy family an eviction notice

Oldy Herring, 67 (pictured), the eldest member of the family, described the battle with Medway Council as the ‘fight of our lives’. He added: ‘There’s nowhere else we can go. If this place is not fit for us, then where is fit enough?’

While an initial planning application was submitted last May, it was refused just two months later. An appeal against the refusal set to take place next Wednesday, with the family anxiously awaiting the verdict.

Oldy Herring, 67, the eldest member of the family, described the battle with Medway Council as the ‘fight of our lives’. 

He added: ‘There’s nowhere else we can go. If this place is not fit for us, then where is fit enough? 

‘We’ve been all over Kent. We’ve been pushed from pillar to post all of our lives, this is the only thing we have been given in our lives.

‘People don’t understand our lives or our culture. We don’t cause any harm to anybody, we just want a home. We are literally begging for help.’

The family said that the rules placed on them by the council when they first arrived at the site included ‘no anti-social behaviour’, ‘no work’, ‘no complaints’ and that they had ‘to keep the place tidy’. 

Pictured: one of the travellers at the site. While the judge’s decision means that the travellers can remain on the site, they do not hold the permanent rights to stay at the car park. An appeal against a planning application that was refused last July is set to take place on Wednesday

The family said that the rules placed on them by the council when they first arrived at the site included ‘no anti-social behaviour’, ‘no work’, ‘no complaints’ and that they had ‘to keep the place tidy’

As they fight for permanent residence, the family have indicated that the council’s refusal to grant the planning application will have ‘worrying’ impacts on their children’s mental health

They insisted that all of these rules have been ‘strictly’ followed and that the council has ‘no good reason’ for kicking them out. 

Relying on generators for electricity and water, the travellers currently pay £33 a month to the council for the bins and animals on the land.

Now, as they fight for permanent residence, the family have indicated that the council’s refusal to grant the planning application is bound to have ‘worrying’ impacts on their children’s mental health.

And, with no fixed place to stay, members of the group have no postcode and therefore have limited access to essential services such as healthcare and education. 

Marie Conde, who lives on the site alongside her husband and children, said: ‘I do worry about the kids, moving them out of school would be awful for them. They have finally been accepted and been able to make friends, they’re getting an education which is so important. 

‘It’s the first time they’ve felt truly settled and accepted, how can they take that from them?

‘We are decent people and a close family that deserve to be together. We just want to make this our permanent home and a place for our children and grandchildren, the next generation.’ 

With no fixed place to stay, members of the group have no postcode and therefore have limited access to essential services such as healthcare and education

Pictured: Mr Herring with his son, also named Oldy Herring, inside one of the caravans

Speaking about the landmark case, described by one solicitor as the first of its kind in a decade, Julie White (pictured), who lives at the site, said: ‘We’re over the moon with the decision, it’s like winning the lottery’

Tina Herring, 17, who spent the majority of her young childhood on the road, described the car park as ‘the closest it’s got to feeling like home’

The family insist that they ‘strictly’ followed all of the rules set out by the council, believing there is ‘no good reason’ for them to be kicked out

Meanwhile, Tina Herring, 17, who spent the majority of her young childhood on the road, described the car park as ‘the closest it’s got to feeling like home’. 

The teenager added: ‘Being here has made me feel so much more settled and safe, rather than being on the road all of the time. 

‘Not knowing what’s going to happen next is so stressful for all of us, but especially on the younger kids.’ 

While the family celebrated the decision as a ‘turning point’ and anxiously await the results of next Wednesday, Medway Council, however, said that it was deciding ‘how best to move forward’ – describing the judge’s verdict as ‘disappointing’. 

Cllr Louwella Prenter, Medway Council’s Portfolio Holder for Housing and Homelessness, said: ‘We are disappointed with the county court judgement not to grant possession of the former Wigmore commuter car park in Maidstone Road, back to Medway Council.

While the family celebrated the decision as a ‘turning point’ and anxiously await the results of next Wednesday, Medway Council, however, said it was deciding ‘how best to move forward’ – describing the judge’s verdict as ‘disappointing’

Previous investigations have shown that many local authorities in Kent are still failing to meet the accommodation needs of the travelling community, despite it being a legal requirement

In response to the decision, Cllr Louwella Prenter, Medway’s housing boss, said: ‘We are disappointed with the county court judgement not to grant possession of the former Wigmore commuter car park in Maidstone Road, back to Medway Council’

In 2021, there were 5,405 people across Kent who identified as a Gypsy or Irish Traveller, representing up to 0.3 per cent of the population, according to the ONS

 ‘This is a lengthy and detailed decision, and we will give it due consideration before deciding how best to move forward.

‘Granting use of the site was only ever intended as a temporary three-month measure, and the car park is not deemed to be suitable as a long-term site for permanent occupation.’

Previous investigations have shown that many local authorities in Kent are still failing to meet the accommodation needs of the travelling community, despite it being a legal requirement.

After legislation was introduced allowing local authorities to evict, fine or arrest travellers setting up unauthorised encampments, they are often left being moved from roadside to roadside.

In 2021, there were 5,405 people across Kent who identified as a Gypsy or Irish Traveller, representing up to 0.3 per cent of the population, according to the ONS. 

Meanwhile, an additional 2,225 people identified as Roma, amounting to 0.1 per cent of the population, with many of these individuals housed on traveller sites.