Garage Advertising Cars on Highway

[jamieleeuk]

I have phoned my local authority on this who gave me the "We will send somebody out to investigate your complaint" and yes, they did - and the garage was parking cars on double yellow lines. The parking attendant looked at the cars and moved along. Didn't come back! This has happened twice and I'm starting to wonder if the garage is paying them to stay schtum!

The Question :

 

Is it illegal or are any road traffic offenses being committed when a garage parks cars for sale on the public highway? Take out the fact that some are untaxed and some are parked on double yellow lines all day or on single yellow lines within the timeline restriuctions, I just want to know whether there's a rule somewhere which prohibits the garage owner from parking cars outside the boundaries of the garage land and if so what I can do about it.

 

I'm growing increasingly frustrated with the ladyparts who work there and park upwards of 6 cars on a dangerous corner where there have been several collisions in the past 12 months. A letter to my local council has gone unheeded.

 

:mad:

[gwc1000]

 

Is it illegal or are any road traffic offenses being committed when a garage parks cars for sale on the public highway?

 

:mad:

 

No, it is not illegal.

Is the problem the fact that the vehicles you mention are marked up for sale, or would you react the same if they were private cars parked in the same location?

[jamieleeuk]

The fact they're for sale would bother me no less than if it were private cars. It's the fact that no one is supposed to park there between the hours of 07:00 and 10:00 and 16:30 and 18:30, yet every day there are cars from the garage outside my house from 08:00 to 20:00.

I just don't see why they should get away with it when there have been more than one parking attendant come out and see the cars parked on DYs and within the time restrictions clearly marked on a signpost.

 

Having just read ujp on a couple of rules and regs, I came accross the following act brought in in 2005 - are you saying this isn't the case?

 

The Clean Neighbourhoods and Environment Act 2005

3 Exposing vehicles for sale on a road

(1) A person is guilty of an offence if at any time—

(a) he leaves two or more motor vehicles parked within 500 metres of each other on a road or roads where they are exposed or advertised for sale, or

(b) he causes two or more motor vehicles to be so left.

(2) A person is not to be convicted of an offence under subsection (1) if he proves to the satisfaction of the court that he was not acting for the purposes of a business of selling motor vehicles.

(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4) In this section—

• “motor vehicle” has the same meaning as in the Refuse Disposal (Amenity) Act 1978 (c. 3);
  
• “road” has the same meaning as in the Road Traffic Regulation Act 1984 (c. 27).
  

[gwc1000]

Are you saying that there is a line of cars, not just the odd one?

[jamieleeuk]

My house is attached to one to my left, after that is a turn off to the left into a street. The garage puts two cars infront of mine and my neighbour's house - it looks like this :

 

 

_________________________________________

__ ____ ____ ____ ____ ____ ____

............__________________________________

|........ / ::::: TREE ::: CAR ::::::: CAR ::::: TREE

*|........|

*|........| :::: NEIGHOUR ::::: MY HOUSE

Street B

 

If the above shows correctly on your screen, the "CAR" and "*" stands for the garage cars. There are further cars down the Street B which I cannot be bothered to draw on, but there are 4 on the above image and at least a further 2 on street B.

 

I have to park my car on street B due to restrictions (hopefully getting a driveway soon which will eradicate this anyway) but at the minute, whenever my partner or I need to go somewhere in the car, we have to edge over into th e main road in order to see if anything is coming and as such (thankfully not to us *touch wood*) there have been several collisions, one fatally, a good friend of mine and this may play a part in my hatred for the excess parking, but primarily for the safety of my two young children.

 

Thank you for your views.

[gwc1000]

Ok, ignore my post above. Advertising the odd single vehicle on the road is ok, as long as it is taxed mot'd insured etc. however, I would say that from what you have drawn the garage is commiting an offence as long as the cars are marked up for sale. I think in this case it is your council that have to take action.

[Michael Browne]

Take plenty of photos, especially if the cars are untaxed and then go and see your ward councillor. If he gets involved, you're much more likely to see results

[jamieleeuk]

Many thanks for your help. I will indeed take more photos and will start a log of times and dates and registration numbers. Also, i'm sure the video of a warden walking up to an offending car on DYs, photographing it and walking away without penalties being issued may make the grade too.

They were quick enough to fine me for not having enough poop scoop bags - they can bloody fine these fools too.

 

Once again, thank you very much for your replies and when the time comes, I will report back here to let you know how things went.

[Spunkymonkey]

Also, i'm sure the video of a warden walking up to an offending car on DYs, photographing it and walking away without penalties being issued may make the grade too.

 

You may find that the Council are taking action. If they're going for more than an FPN for the double yellows (such as a charge under the above Act) then they wouldn't ticket the cars at the time - just gather evidence (photos) and the first the garage knows is when stuff appears in the post.

 

It may be worth giving them a follow-up call to see if they can tell you anything. You could always use the reason that it's still happening

[patdavies]

If any of the vehicles concerned are not displaying a VED disk, then report them to the DVLA.

[patdavies]

Also, i'm sure the video of a warden walking up to an offending car on DYs, photographing it and walking away without penalties being issued may make the grade too.

 

You also need to remember that a motor trader does not register such cars in its own name with the DVLA, so it would be a hassle to get NtO, etc. sent to the RK. Much easier to gather evidence and go for the dealer under the legislation stated above.

[jamieleeuk]

As luck would have it (for the garage owner at least anyway) they are performing roadworks on the road and so have placed "No Parking" cones outside the main offending area - but once those are finished, I have instructued my partner to log the car make - registration number - colour and time parked throughout the day and to take a photo of each vehicle. I'll then present this in paper and digital format to my local councillor and state the above act. Thanks for advice.

[pin1onu]

As luck would have it (for the garage owner at least anyway) they are performing roadworks on the road and so have placed "No Parking" cones outside the main offending area - but once those are finished, I have instructued my partner to log the car make - registration number - colour and time parked throughout the day and to take a photo of each vehicle. I'll then present this in paper and digital format to my local councillor and state the above act. Thanks for advice.

Trading Standards might also be interested as I believe there are laws governing placing cars for sale on the public highway.

[green_and_mean]

In London it is an offence to advertise a vehicle for sale without a street trading licence and as mentioned before the enviroment act does cover selling multiple vehicles. Many traders around here use false plates such as the shop name or model instead of the VRM or have no plates at all which makes Council enforcement very hard and the Police cannot be bothered to act so it goes on unchallenged.