Fly trading in London a scourge on business

 

Fly trading in London a scourge on business

One of our teams has been in action against Fly Traders in London selling second hand cars.

Clean Neighbourhoods and Environment Act 2005 makes it an offence for someone or a company to do one of the following:

  • Leave two or more motor vehicles parked within 500 metres of each other on a road or roads where they are advertised for sale, or  
  • Causing two or more motor vehicles to be so left

This only applies to roads that are adopted by the local authority or highways department and not on private land.

For private roads, such as a trading estate, someone leaving a vehicle on your land without your permission is a Common Law Trespass. There are a few options available to remove them.

The Problem

Any type of Fly Trading on or near a business premise can affect that company - parking, reputation and anti-social behaviour. Fly traders selling second hand cars pay no taxes, business rates, Vat and often sell unroadworthy and clocked vehicles.

We were engaged by the owner of an industrial estate who had tenants complaining that they and their customers could not park their vehicles. This was due to Fly traders using the car park to sell second hand cars using up the spaces.

The Solution

When someone leaves property, in this case a vehicle, on your land without your permission this could be a Common Law Trespass.

If this is the case then one of the options a landowner could do is to instruct a bailiff to assist.

There are a few options available but in this case in London we were instructed to serve a TORTS notice under the Interference with Goods Act 1977.

This was done on the prescribed form in the prescribed manor and full details were obtained and recorded.

We then waited until the notice expired and as the goods were not removed we requested further instruction from the estate owner.

The instruction was to remove and dispose of the goods and account for the actions.

Our bailiffs and removal contractors removed several vehicles as per our clients instruction.

Within 2 hours of the removal we were contacted by the owner of the vehicles wanting them back.

In order to get them back the owner was required to pay for the landlords costs in this action. The owner deposited the funds into our bank account and the vehicles were released back to him.

The car dealer seemed to think the landowner was bluffing and the cars would not be removed. It was an expensive lesson for him, one which I am sure he will not repeat at that business estate.

We can help

Enforcement Bailiffs Ltd has over twenty five years experience in in completing land recovery from all kinds of trespassers.

Read more information about our trespasser eviction service.

London & South
0208 090 2439
Midlands & Wales
01733 306 462
Northern England
01325 526 127

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