When and how local authorities can take legal action against businesses for nuisance parking.
When you can take legal action
As a local authority you can take legal action against businesses if they:
- leave 2 or more cars for sale on the road within 500 metres of each other
- repair cars on the road
Who you can’t take legal action against
You can’t take legal action against:
- private individuals selling their own car
- anyone carrying out emergency repairs within 72 hours of the breakdown or accident
Issue fixed penalty notices
You can issue a £100 fixed penalty notice if you consider the offence to be a minor offense.
Prosecute an offender
For serious offenses, you can prosecute one of the following people:
- the person directly responsible for the nuisance parking
- the director, manager or secretary of the company that employs the person responsible for the nuisance parking
A magistrates’ court can issue fines of up to £2,500.
Prohibit selling on roads
You can ask your local highways authority to make a control order to prohibit a company selling good on roads.
If you get a control order from your highways authority, you can fine the offender £1,000.
If you give the offender a control order and they don’t stop selling vehicles on roads after 7 days, you can fine them £10 every day until they stop.
When you can’t get a control order
You can’t get a control order against:
- petrol stations
- markets where a toll or rent is payable
- lay-by refreshment stalls
Published: 12 June 2015