Guidance

Take legal action against businesses for nuisance parking: local authorities

As a local authority, you can issue a fine or take legal action against businesses for nuisance parking.

• From: Department for Environment, Food & Rural Affairs
• Published: 12 June 2015

When you can take legal action

You can take legal action if a business:

• leaves 2 or more cars for sale on the road within 500 metres of each other
• repair cars on the road

When you cannot take legal action

You cannot take legal action if:

• private individuals are selling their own car on the road
• emergency repairs are being carried out within 72 hours of a breakdown or accident

Types of legal action

You can either:

• issue a £100 fixed penalty notice
• take the business to court on behalf of the complainant

Taking a business to court

If a business continues to nuisance park or does not pay a fixed penalty notice you can take them to court. You can prosecute:

• 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 the business with a fine of up to £2,500.

Stop a business selling vehicles on a road

If a member of the public has concerns that a business is selling a vehicle on a road, they can ask you to make a control order.

If a control order is issued, the offender must stop selling vehicles on the road and can be fined £1,000.

A control order cannot be made against:

• shops
• petrol stations
• markets where a toll or rent is payable
• lay-by refreshment stalls

If they do not stop selling vehicles within 7 days of the order

You can fine the business £10 every day until they stop.

Published 12 June 2015