Fly Trader Eviction


Fly Trader Eviction

Everybody has heard of fly tippers, in this week’s post we are looking at Fly traders.

Del Boy and Rodney Trotter from Trotters Independent Traders are probably the most famous fly traders of all time. You can picture them with their suitcase running from the Old Bill on most episodes.

However there is another type of fly trader that plagues our towns and cities. That is the second hand car dealer.

To save on overheads second hand car dealers are parking the cars they have for sale on the road instead of on a lot. This can cause problems to legitimate traders, customers and residents alike.

Fly traders that behave this way are actually breaking the law under the Clean Neighbourhoods and Environment Act 2005.

This law makes it an offence to:

  • Park more than one vehicle advertised for sale by the same vendor within 500 metres of each other.

This does not apply to vehicles on privately owned roads. It does however apply to both sole traders and small to medium enterprises.

Eviction from Industrial Estate

In one of our more recent cases we were contacted by an owner of an industrial estate. The fly traders had set up shop were taking a large portion of the available car park spaces.

This meant that the staff and the customers of the business had problems parking. This in turn had a detrimental effect on both the industrial estate owner who had to deal with complaints from the business owners and the business owners were losing custom.

The agent that took the call asked the business owner a few simple questions to get the ball rolling:

  • How many cars are there?
  • How long has it been going on?
  • Have they seen the vehicle owner?

Once all the details had been obtained and it was determined that a common law trespass had been committed by the vehicle owner our enforcement agent suggested that the best solution was to serve a TORTS notice under the Interference of Goods Act 1977.

The TORTS notice attached to the cars in question included all relevant information.

  • The address that the car had been left at.
  • Where and when we would dispose of the car.
  • The fact that storage and sale costs would be deducted from the resulting sale price.

Our Enforcement Agent waited for the notice to expire. The vehicles were not removed and the business owner decided to instruct our agent to take the necessary steps to remove the cars and document all the steps taken.

A full report was made available to the business owner shortly after the completion of the action.

We can help

If your business or even home life is suffering due to fly traders contact Quality Bailiffs UK.

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