Am I breaking the law by selling my car outside my house with a 'For Sale' sign in the window?
Recently I had my old car for sale outside my house with a "For Sale" sign in the window. To my astonishment I was visited by a local authority officer who presented me with a notice telling me that I was breaking the law as I was a "street trader". The Local Government (Miscellaneous Provisions) Act 1982 Schedule 4 - Street Trading and also the Clean Neighbourhood and Environment Act 2005 are the two acts referred to on the notice which he gave me.
Whilst I applaud the local council's attempts to deter rogue traders who avoid planning control, paying income tax, insurance, and the like, I cannot see that it is fair or right to apply these acts to a person selling their own car. A trader sells a car to make a profit, whilst an owner sells a car to minimise his loss. A trader does not have a car registered in his own name whereas a private owner does. If the local authority officer suspects trading he has only to ask to see the registration document - or access the details from the DVLA. I would like to hear your views on this and in particular whether you believe that the local authority are correctly applying the law?
Whilst I applaud the local council's attempts to deter rogue traders who avoid planning control, paying income tax, insurance, and the like, I cannot see that it is fair or right to apply these acts to a person selling their own car. A trader sells a car to make a profit, whilst an owner sells a car to minimise his loss. A trader does not have a car registered in his own name whereas a private owner does. If the local authority officer suspects trading he has only to ask to see the registration document - or access the details from the DVLA. I would like to hear your views on this and in particular whether you believe that the local authority are correctly applying the law?
Asked on 5 March 2011 by KJ, via email
Answered by
Honest John
I think he is. You can advertise your car for sale. But if you put a 'For Sale' notice in its window you are effectively trading on the street without a licence. Jobsworths have always been zealous in enforcing rules and petty regulations (ridiculous 'no cycling' notices on alleyways, for example). Now they seem to be more entrenched than ever because regulation enforcement is seen as an important income source for councils.
Tags:
selling
private sellers
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