We have been operating a car boot sale on a Sunday for 23 years and now the council are trying to stop it as they saying it's in there market charter
System of Law: England-and-Wales
We have not tried anything yet, we have a meeting with the council in due course,
Hi my name is XXXXX XXXXX X'X happy to help with your question today.What would you like to know about this?
I would like to know if for 1 they can suddenly use a charter after we ave been going for so long, also was there a market charter on a Sunday? Anywhere in the country, I gather from reading information on this site that charters were for one day per week? Is this true? I
Which council is proposing to make this change?
We operate in the south staffs area, but they are going to try and use the Wolverhampton market charter
Hi KevinDo you have authorisation to hold car boot sales?Alex
To hold car boot sales you don't need a license or planning permit ion. All you have to do is notify the relevant council of your intention to operate one, and your allowed to operate for 14 weeks per year, then we move site. We have 4 sites all in the south staffs area.
Thanks Kevin.It's not clear on what basis Wolverhampton are proposing to stop the car boot sales if you have been granted relevant authorisation and carried on this business for 23 years. Unfortunately the Wolverhampton Market Charter is not very clear on the subject either.The reason for the decision to stop the car boot sale is relevant. Firstly, if the council is acting unreasonably you may have a claim for Judicial Review against their decision. A JR is a High Court action where a Judge reviews the reason for the decision and decides whether or not the council has acted reasonably and/or lawfully. Secondly, if there are no grounds then you may have cause to complain to the Local Authority Ombudsman.Based on the limited information you have given it does seem strange that the Council is proposing to make a change now. But things may become clearer after the meeting and I suggest you come back to me so we can discuss the matter further. Without knowing exactly what the Council is thinking it is difficult at this stage to advise you fully on your rights.Alex
Partner in national law firm with 25 years legal experience
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