These are two forms of anti-social behaviour that are getting more prevalent against the business community - Fly Trading and Fly Posting.
Fly Trading on or near a business premise can affect your business brand and reputation.
The fly traders attempt to feed off the customers and goodwill of the nearby businesses. They occupy car parks and empty shops around London and other large cities and towns.
The fly traders pay no business rates or vat, and often have no liability insurance.
They often leave vehicles and obstacles for the customers of the legitimate businesses to drive past. It is dangerous for your customers, and will put many off shopping with you.
This can be a particular problem in the run up to holidays such as Christmas or Easter where the fly traders are selling Christmas trees and Easter eggs.
We were engaged by a large retailer with a large out of town car park just before Christmas. They were having problems with a fly trader.
The fly trader had set up business on their car park illegally and they were selling Christmas trees to customers using the retailer.
The trees were laid all over the place causing mess and nuisance. The client’s security people had approached the fly trader but they had been abusive and non-cooperative.
We despatched a team to speak with the fly trader and serve notice on him to leave the car park.
He was served without any trouble, and on this occasion he decided to move on (and set up shop elsewhere).
Fly posting can take the form of posters or advertising hoardings illegally placed on business property or adjacent land.
Sometimes these advertising hoardings can cause the legitimate business who has been a victim of this practice to have enforcement notices served upon them under planning laws by the local authority.
We have acted several times recently for local authorities under the Town and Country Planning Act 1990 to enforce these notices.
The landowners / businesses that are affected can act themselves by using specialist bailiff services to give notice and where necessary remove these hoardings.
The cost of these actions can be recovered from the fly posters, as well as compensation, if they have means.
This was the decision in a 2001 case which also suggested how these damages should be assessed. The case was Stadium Capital Holdings (No 2) Limited -v- St Marylebone Property Company Plc (1) Clear Channel UK Limited (2). The defendant installed an advertising hoarding over land owned by the claimant.
We were recently instructed to help where an advertising hoarding had been erected on a grass verge next to a client’s property.
We sent out a bailiff to do a risk assessment and serve notice. The company advertised on the hoarding was based only a few hundred yards away, so they were spoken to and a copy of the notice was served on them.
They were aggressive and threatened to assault the bailiff. Our bailiff was equipped with body worn CCTV and this had all been recorded.
They did not move the hoarding after the specified time so a team was despatched to remove it. We attended with our removal contractors and the hoarding was dismantled and taken away.
Our client then sued the Fly Posters for compensation and damages.
Enforcement Bailiffs Ltd has over twenty five years experience in completing land recovery from all kinds of trespassers.
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