Selling on the highway – Where do you stand?

A Wirral dealership has recently been fined £1500.00 for selling a vehicle on the public highway. The council pursued the dealer, for continually placing vehicles on the road outside their premises, with clear advertisements on them denoting that they were for sale.

The fines broke down as follows; £600 per offence, which the company pleaded guilty to, £295 in costs and a £60 victim surcharge for each offence. The dealership had allegedly been warned by the council on a number of occasions regarding this matter, yet they continued acting in the same manner.

The courts made it clear that these rules are intended only for businesses that have a forecourt and showroom in which they can display their vehicles. It is not intended to apply to private sellers who sell singular vehicles.

Lawgistics members
can get advice on compliance from the Legal Team.

 

Authors:

Published: 07 Jul 2015

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Nicola Porter - Lawgistics Ltd (06/08/2015)
Hi Auto Select, having looked at the regulations you have been prosecuted under PART 2 - VEHICLES - Nuisance parking offences 3. Exposing vehicles for sale on a road... and it appears that the key here is being ‘exposed or advertised’. This could mean that the vehicle could be seen as an advert for other types of vehicles the garage are selling, or, even though it was advertised as sold, it could fall through at a later date and thus be a resale item. In this guys case, he was advertising it online so would be deemed as part of sale stock and therefore the reg’s would apply. We would argue that the vehicle is clearly marked as sold and therefore is not an invitation to be sold to another, as doing so would be a breach of contract. The client was simply storing the vehicle there until the new owner had arrived.
AutoSelect. Hull (06/08/2015)
Hello. We recently received a £100.00 fine from Hull City Council quoting we were in Breach of the Clean Neighbourhood & Neighbourhood Act 1985 section 3. We were informed we had two vehicles parked outside our premises advertised for sale. We confirm we had one vehicle parked outside our premises advertised for sale however the second vehicle had been returned from a servicing and preperation garage garage and been parked outside our premises by that garage. The vehicle was not advertised for sale having been previously sold 5 days before and had a sold board on the rear seat. We copied documents from the sales invoice and deposit book confirming this vehicle was not advertised for sale as it was a sold vehicle awaiting preperation and handover. Hull City Enforcement replied saying that the vehicles registration had been checked on our Motors advertising listings and was still advertised for sale. We clarified that this vehicle was sold and that no Pricing Sale Boards were advertising this vehicle so how could we be guilty of an offence? We explained vehicles are only removed from www.motors.co.uk when the vehicle has been handed over and the balance paid in full. They stated their interpretation of the act is that a vehicle parked outside our premises even if it has no Sales advertising literature displayed in the vehicle is still Guilty of the Offence if it is advertised on the internet????. Basically then if you have to move vehicles of your site to remove sold cars off a site you are guilty of an offence even if you remove all Sale ticketing. We would love to here your comments if you disagree with this interpretation of the Act.



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