Kathleen McLelland and Michael Curry had their caravan stolen in 2011
They were delighted when it was found by police 18 months later
But officers are unable to move a traveller family now living there
A letter sent to the couple says the police have 'no lawful powers'
By INDERDEEP BAINS
PUBLISHED: 10:59 GMT, 30 July 2013 | UPDATED: 00:09 GMT, 31 July 2013
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Furious: Police are unable to retrieve Kathleen McLelland and Michael Curry's stolen £30,000 caravan because officers have no legal powers to remove a traveller family now living in it
Furious: Police are unable to retrieve Kathleen McLelland and Michael Curry's stolen £30,000 caravan because officers have no legal powers to remove a traveller family now living in it
A couple whose £30,000 caravan was stolen have been told a traveller family now living in it cannot be removed because it would breach their human rights.
Kathleen McClelland and her partner Michael Curry spent their life savings on the top-of-the-range camper and were devastated when it vanished from the secure site where they kept it.
When police eventually found the 26ft-long Bailey Louisiana caravan 18 months later, its owners were told a traveller couple and their two young children were living in it only ten miles from their home in Surrey.
Their initial relief turned to outrage, however, when the police said they had ‘no lawful powers’ to get it back.
They were told their only option was to begin costly civil proceedings against the family, which they say they cannot afford.
Mrs McClelland and Mr Curry had spent £10,000 improving the £20,000 caravan, including putting in a widescreen TV. They bought the vehicle on hire purchase – and still have to make monthly payments of £250 for the next two years.
Hospital ward clerk Mrs McClelland, 68, said: ‘Why should we have to pay for someone else to live in our brand new caravan? That was for our pleasure in our older years.
‘The police said that removing the family would breach their human rights and that they would have to be rehoused before it could be seized. We spent all our retirement money on that caravan because we thought it would last us a lifetime. We’re absolutely devastated. It seems as though no one cares about our human rights.

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‘I’ve worked all my life and saved up, surely I have the right to enjoy my retirement? When that caravan was stolen, our right to a happy retirement was stolen.’
The couple, who live in a semi-detached home in Tongham, Surrey, were in between insurance policies at the time of the theft in 2011 so were not covered for a payout.
Mrs McLelland is pictured on holiday before the caravan was stolen
Holiday: Mrs McLelland is pictured by the caravan on an earlier trip before it was stolen
Pride and joy: Ms McLelland and Mr Curry's 26ft long caravan before it was stolen from a storage site in Hampshire
Pride and joy: Ms McLelland and Mr Curry's 26ft long caravan before it was stolen from a storage site in Hampshire
Powerless: A letter from Hampshire Constabulary informed the couple that officers would be unable to retrieve the stolen caravan
Powerless: A letter from Hampshire Constabulary informed the couple that officers would be unable to retrieve the stolen caravan
In an apologetic letter, PC Karen East of Hampshire Constabulary told them the matter was out of the force’s hands. It read: ‘Unfortunately it has transpired that we have no lawful power to recover the caravan. It will be the responsibility of you as the owner to start civil proceedings against the current occupier.’
The letter added: ‘I sincerely apologise for this decision and I am sure that you feel the onus has been put back to you but my hands have been tied due to police powers.’
Last September police located and identified the caravan in Hook, Hampshire, after interviewing a suspect for an unrelated offence. But because officers did not have evidence that the current occupier knew the caravan was stolen when he allegedly purchased it, he could not be prosecuted and the force said it was unable to seize it.
Mr Curry, 53, who gave up his job as an HGV driver after being diagnosed with diabetes, said the police refused to reveal the caravan’s exact location.
‘I just cannot comprehend it,’ he said. ‘If I was stopped by the police and it turned out my car, which I had brought in good faith, was stolen, it would be confiscated and I would lose my money.’
Mr Curry said they bought the caravan in 2007 and would use it for family weekends away in Cornwall, Cumbria, Scotland and the south coast. It was stolen from a secure storage site in Crookham, Hampshire, after thieves disabled the alarm and cut through a wheel clamp and lock.
Gone: The couple's caravan was stolen from this storage park in Hampshire in 2011
Gone: The couple's caravan was stolen from this storage park in Hampshire in 2011
When the caravan was eventually found the couple were asked to provide proof of ownership, a logbook and photos.
They learned that the family found living in the caravan had taken it all over the country before temporarily settling down ten miles away from them.
Mr Curry said: ‘Apparently they had a receipt for it and had paid a guy £300 in a pub for it.
‘They had no proof apart from a handwritten note on a scrap of paper, while we had everything proving it was ours. If they wanted a caravan, why not save up for it like we did?
‘I have lost all faith in the police. It seems that they have completely let us down and turned their backs on us.’
A Hampshire Police spokesman said: ‘A 22-year-old man from Hook was arrested and interviewed on suspicion of theft, however there was insufficient evidence to prove he had been involved in the theft, or would have known the caravan was stolen when he bought it. He was released with no further action.
‘We have no police powers to seize the caravan and have advised the owners to seek civil action in order to recover it.’
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