Nuisance parking is not concerned with offences whereby members of the public park in areas that are designated no parking or private parking for which they are liable for parking fines. It relates to specific issues which may affect the proper enjoyment of a community.
The Clean Neighbourhoods and Environment Act 2005 specifies the following two criminal offences in relation to nuisance parking:
- Exposing vehicles for sale on a road
- Repairing vehicles on a road
Exposing vehicles for sale on a road
Some garages and businesses place cars for sale, for an extended period of time, on the street and also in lay-bys. This can cause a significant nuisance to local residents and can also take up valuable parking spaces required for local residents.
An individual will be guilty of this offence if he does one of the following actions:
- Leaving 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
- Causing two or more motor vehicles to be so left
If I run a business can I be prosecuted for this?
The local council can prosecute a business for either of the above criminal violations. If an individual or a business has been convicted of one of these offences then they can be liable for a fine of up to £2,500.
We can also deal with this matter by issuing a £100 fixed penalty notice which can also be reduced to £60 for early payment.
I want to sell my car, can I be liable under the act?
Section 3(2) of the Clean Neighbourhoods and Environment Act states that a person will not be liable if he can prove to the satisfaction of the court that he was not acting for the purposes of selling motor vehicles.
In reality it would not get to this stage when concerned with an individual placing an advertisement to sell their car in the window of the car while parked on the road. The offence targets people who run businesses and use the road to store their cars and common sense would expected to be used by the local council when dealing with private individuals.
Repairing Vehicles on a Road
The commercial repairing of vehicles should be something that is carried out in a garage or a site which is removed from the road.
If cars are left on the street for a prolonged period of time in a state of repair or in lay-bys this may cause a significant nuisance to the local residents of the area.
Parking may significantly be limited due to the cars taking up parking spaces and possibly also due to the difficulty of moving them when in a state of repair.
What is meant by restricted works?
Restricted works are defined by the act as the following:
- Repair
- Maintenance
- Servicing
- Improvement
- Dismantling
- Installation of parts
- Replacement of parts
- Renewal of parts
If I run a business can I be prosecuted for this?
We can prosecute a business for either any of the above restricted works carried out on a car on the road. If an individual or a business has been convicted of one of these offences then they can be liable for a fine of up to £2,500. Local councils can also deal with this matter by issuing a £100 fixed penalty notice which can also be reduced to £60 for early payment.
I need to repair my car, can I be liable under the Act?
Section 4(3) of the Clean Neighbourhoods and Environment Act states a person will not be guilty of an offence if he can prove to the court he was not carrying out restricted works in the course of a business or for gain or reward. Again the local council would be expected to use common sense logic when dealing with members of the general public carrying out maintenance and repair on their own vehicles which may be situated on the road.