CLACKMANNANSHIRE COUNCIL

Report to Regulatory Committee of 29th May 2008

Subject: Selling Cars in Car Parks

Prepared by: Mac West, Roads & Transportation Manager

1.0SUMMARY

1.1.Recently a growing number of cars have been parked in prominent locations in public car parks displaying “For Sale” adverts.

1.2.This is in contravention of the Regulations that control the use of car parks which make it illegal for anyone to sell anything in a car park.

1.3.The growing number of vehicles for sale has prompted officers to enforce the Regulations by placing notices on vehicles and arranging to remove offending vehicles.

2.0RECOMMENDATIONS

2.1.It is recommended that the Committee confirm their support of the enforcement action being taken by officers, particularly in relation to the timescales involved (paras 3.7 and 3.8).

3.0BACKGROUND

3.1.Recently a growing number of vehicles have been offered for sale in Council controlled car parks in contravention of “The Clackmannanshire Council (Off Street Parking Places)(Regulation of Use) Order 2000”.

3.2.These vehicles are invariably parked in prominent positions and the advertising could distract drivers using the public road. This increases the risk of accidents.

3.3.Vehicles for sale, taking up spaces in the car parks, denies legitimate town centre users the use of these spaces. The result may be that shoppers, in particular, go elsewhere, resulting in a loss of trade.

3.4.It is apparent from the advertising that some of these vehicles are being sold as a business. The owners are avoiding paying business rates for the ground they are using.

3.5.There have been a number of complaints that these vehicles displaying “For Sale” signs are detrimental to the environment of the area.

3.6.As a result of these incidents, officers have begun to enforce the provisions of “The Clackmannanshire Council (Off Street Parking Spaces)(Regulation of Use) Order 2000”. The Regulations include a prohibition on anyone selling anything in a car park unless in connection with a charitable event or as part of a market and with the permission of the Council.

3.7.Notices are being placed on offending vehicles advising the owners of the offence. If the vehicle is not removed within 48 hours by the owner, the Council has the right to remove it.

3.8.Procedures have been put in place to remove offending vehicles and take them to a secure compound. They will be released to their owners on payment of an administration fee covering costs incurred by the Council. Any vehicles not recovered by the owners will be disposed of by the Council once 28 days have elapsed.

3.9.Discussions have taken place with Central Scotland Police and procedures are being set up to advise them if vehicles are to be removed. They will then be in a position to advise the owners if the vehicle is reported stolen,

4.0CONCLUSIONS

4.1.Vehicles which are illegally offered for sale in car parks –

  • create a road safety risk
  • deny other intending users car park spaces
  • avoid the owners paying business rates
  • are detrimental to the environment

5.0SUSTAINABILITY IMPLICATIONS

5.1.Enforcement action will ensure that car parking spaces are available for town centre users. It will ensure that legitimate local car traders are not disadvantaged and visual amenity will be improved.

6.0FINANCIAL IMPLICATIONS

6.1.It is intended that any direct costs incurred by the Council should be recouped by imposition of an administration charge on offending owners.

6.2.Declarations

(1)The recommendations contained within this report support or implement Corporate Priorities, Council Policies and/or the Community Plan:

  • Corporate Priorities (Key Themes) (Please tick )

Achieving Potential
Maximising Quality of Life
Securing Prosperity
Enhancing the Environment
Maintaining an Effective Organisation

  • Council Policies (Please detail)
  • Community Plan (Themes) (Please tick )

Community Safety 
Economic Development
Environment and Sustainability
Health Improvement

(2)In adopting the recommendations contained in this report, 
the Council is acting within its legal powers. (Please tick )

(3)The full financial implications of the recommendations contained
in this report are set out in the report. This includes a reference
to full life cycle costs where appropriate. (Please tick )

______
Head of Service

______
Director

Selling Cars in Car Parks Report 29.05.2008Page 1 of 3