We're considering (only considering) buying a house which has a road running past the bottom fence. At the edge of the road is a layby (which might at one time have been a bus stop) and at the moment there are two cars for sale on it. We're concerned that this practice might cause a nuisance. What is the law regarding selling cars from a public layby and can it be stopped without approaching the seller(s) directly?
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L\'escargot.
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Clean Neighbourhoods and Environment Act 2005
Sect 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.
dvd
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Thanks dvd, that's mostly what I wanted to know. However, how would one get "the law" to take action? The house owner's wife is a solicitor and perhaps she knows how difficult it would be.
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L\'escargot.
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You may be better off utilising trading standards people rather than plod.
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He he, would be great to see a solicitor collared by the law.
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In my view this is one to knock on the head, L?escargot. You are concerned about a potential problem nearby, and rightly so. I?ve lost count of the houses I?ve viewed in the past that have been just that little bit too close to a bus stop, a pub, shops, a motorway etc, etc.
Perhaps the odd couple of cars for sale near the end of your garden won?t cause too much bother, and, of course, you may be able to negotiate a lower price.
Personally I would be concerned about other possible uses.
Clk Sec
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Local Authority for attention by Street Inspector?
Failing that a complaint to Plod who should take action if offence committed.
bearing in mind that it could also be obstruction (excsessive use of highway) as persons wishing to stop are being denied temporary access.
dvd
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Our local council, sometimes assisted by the police, deals with the problem of cars being left on our roads for sale.
Action was taken because they were causing a serious obstruction to the traffic flow on several very busy roads, plus the complaints made by those living in the vicinity.
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What\'s for you won\'t pass you by
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Local authorities can now remove vehicles and are keen to do this in my area.
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Burger Van !!
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Burgher Vans?
(1) Pitching a booth on a highway - Offence Highways Act
(2) Trading from the side of a road and likely to cause danger - offence local Goverment Act.
(3) Selling from the verge of a Clearway - Clearway order offence.
Wouldn't tolerate them on my patch (A.1.) when i was in the chair. Surprsing just how many of the Chefs had form or were disq drivers.
dvd
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You're not the guy that's moved into the property next to mine are you ?
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In my view this is one to knock on the head L?escargot.
I'm sure you're right Clk Sec. I think I'll consign this one to Room 101.
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L\'escargot.
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Please don't become one of these people who move in to a new house and then suddenly moan about and try to change practices that have been going on well before they moved in. Besides, what significant nuisance do you perceive the selling of a couple of cars will create?
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I know what you mean (Pendulum), but maybe the selling of cars should have been stopped sooner, maybe other people don't like it either? This shouldn't have been happening in the first place, so it should probably be stopped.
I know of a road where a similar thing is happening. It started off not being much, so people didn't bother saying anything. It has gradually got bigger, and now they want to do something about it. It's probably better to stop these things as early as possible!
I would have no sympathy for the seller.
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It could be a dealer. Two cars this week, a different two next week and so on. The layby is adjacent to the rear fence of the property and the cars are visible from the upper floor of the house.
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L\'escargot.
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I'll ask the house vendor whether the cars are his and whether they'll move when he does. If the answer is no then I think I'll lose interest. I don't want to buy a house that has an existing nuisance that close.
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L\'escargot.
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Cars this week, lorries next, burgers the week after? Go for it if it doesn't bother you.
Clk Sec
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It is a layby. It is likely to often be filled with different cars, whether they are for sale or not. Personally I think it is an absolutely ridiculous reason to lose interest in a house, just because said layby is visible from an upper floor.
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>>Personally I think it is an absolutely ridiculous reason to lose interest in a house, just because said layby is visible from an upper floor.
Very much agree,also if the cars are not for sale and parked,its nothing to do with OP either
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Forget that one Mr. Snail. There are always more houses coming up for sale and the possibility of a decreasing value is very nigh... Go for something on a main road with a minimum of 4 bus routes - nice wide pavements - nowhere near a bend or oppposite somebodys drive on the other side of the road. Take compass so you can see which way the back garden faces. There are other factors to take into consideration but these I mention are just starting point.
Happy Househunting - make this one your last:-) Phil I
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Given that lay-by sellers are likely to be scrotes, with dodgy cars and dodgy customers, the OP is right to be vigilant. Much depends on how far this little thieves' market reflects on the area he is thinking of living in. Something for consideration: www.homeoffice.gov.uk/rds/pdfs/r69.pdf
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Given that lay-by sellers are likely to be scrotes, with dodgy cars and dodgy customers ..
methinks pendulum may not like that. i suspect pendulum has an interest in this matter and, as an honest man, that he should come clean about it. ;-)
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You seem to think I am a motor trader. Sorry to disappoint you, but I am not. I have only bought one car in my life with the intention of selling it on shortly afterwards, and that was kept on my driveway the whole time. Oh, and it was a good car too - I'd have kept it if I didn't need a Diesel for my commute.
As for lay-by sellers likely to be scrotes, this is just an opinion, and some will be. I would never buy nor recommend anyone buy a car from them, because all they really do is pick a car up from auction and sell it for profit. I wouldn't fancy my chances of them honouring any kind of warranty. However, I do not see the OP's problem - not buying a house because there are cars parked in *wait for it* a LAYBY I still find ridiculous.
I live in a nice area, yet 500 yards down the road there are regularly a couple of different cars parked for sale in a layby. I cannot say that they have ever bothered me. They wouldn't stop me from buying the house that overlooks that layby if everything else was okay with the property.
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You seem to think I am a motor trader. Sorry to disappoint you, but I am not. ...
myapologies. i thought "you doth protest too much" and hence must have a personal interest.
i.m.o. the new law (as per dvd's first reply) is most welcome and was long overdue.
a public road or a public layby (which by definition is a public road) is not meant to be used for trading goods (full time or part time) without a proper hawker's or other appropriate licence.
this ugly and antisocial practice needs to be stamped out.
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I agree with pendulum. I live in a 'nice area' too, albeit a mixed and very busy one. People sell cars in the street all the time, even though there are parking regulations these days. They must have a busy time getting bumf for the windscreen of every car they buy to sell. Rather them than me.
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In reply to Phil I.
Good advice, Phil.
Clk Sec
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Cars parked transiently by law-abiding people is one thing, but cars for sale parked long-term by people who think they are above the law is something else. Buying/selling cars inevitably causes a noise.
500 yards down the road is not the same as 2 yards from the rear fence.
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L\'escargot.
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Thanks Phil, that puts things into perspective. I'm still going to view the house, but unless the cars belong to the house vendor and will move when he does then I will turn it down.
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L\'escargot.
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Is security high on your agenda, L?escargot? Might some types see the rear of this house as an easy target, with a conveniently positioned lay-by as an added bonus?
A bit over the top, perhaps!
Is Westie around this morning?
Clk Sec
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Even if the cars are being sold by the vendor of the house it doesn't mean to say that someone else won't be along next week to do the same thing. It is the same as when you buy a second hand car. If you have a bad feeling about it trust your instincts and look elsewhere.
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>>>>>Is security high on your agenda, L?escargot? Might some types see the rear of this house as an easy target, with a conveniently positioned lay-by as an added bonus?<<<<<
My thoughts also, and one of the reasons I always avoid selling my unwanted items from the door to strangers as my house is isolated.
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