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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22621
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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JA: . How can we help? Customer: can i trade car

Customer Question

JA: Hi. How can we help?
Customer: can i trade car from home ?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: just first looking some answer onlline
JA: Is there anything else important you think the Lawyer should know?
Customer: yes
JA: What else should I tell the Lawyer?
Customer: as i get today a letter from my council
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Please can you tell me a bit more about your situation so that I can help.
Customer: replied 1 year ago.
hello.i am trade car seller from home , get today a letter from abot sale of motor vehicle on the highway, Clean Neighbourhoods&environment act 2003
its said the council has received complaints that i routinely offering motor vehicles for sale from home, parking vehicle on the road in the surronding area and making use of motor trade license plate.
,,i would like to bring your attention the provision of Section 3 of the Clean Neighbourhoods&environment act 2005 which established an offence of exposing or advertising for sale two or more motor vehicle within 500m of each other by a person acting for the purpos of a business of selling motor vehicle .the complain alleges that the trade licenece plates are being used durning vehicle movements and aslo whilst vehicles are parked,give that only motor vehicle trades are entitled to use vehicle licence plates to move vehicle between places of trade, it is therefore considered that the sale of motor in this scenario is being carried out for the purpose of a business.
it is the offence to display or offer for sale motor vehicles in the street and if convinced the max fine £2500,, the council and police have also power under London Local Authorities Act 1990 to size vehicle being sold on the street and apply to the magistrates court for order of destruction .you are hereby required to cease any activities of selling motor vehicles on the street other than occasional private seller) and remove any vehicle that you might have parked or available for sale in the area. failure to remove any vehicle within 2 weeks of the data of this letter may result Council taking action to remove those vehicle and dseek prosecution under the above legislation ,i am registered VAT trade from home, have business accound as a name of my company, solo trade , i have trade insurance , my insurance company knows I am trade from home and they insure each my car from stock even when I park them on the street
i did not know I am doing something illegal ,tha was not t my intention , what i need to do ? do i need to call to council and explain and alsow I am next month maybe 6 week will gonna rent some yard just waiting to finish that transaction so will permamently will move from the street .
best regards
Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Customer: replied 1 year ago.
thank you will wait for respond,
Customer: replied 1 year ago.
Customer: replied 1 year ago.
how lond i have to wait ?
its fraud ? i pay and dont have answer ?
Expert:  Stuart J replied 1 year ago.
I see that the previous expert has opted out.Has someone complained about this?Do you have planning permission to operate this business?Whereabouts exactly are the cars located when they are being offered for sale?As much background detail to your “business” as possible is really useful please. Thank you PS This is not instant service because we all have clients and travelling and home et cetera therefore, sometimes you may get an answer in moments, other times it may be a few hours.
Customer: replied 1 year ago.
Thank you, ***** ***** don't have planing permition as I just selling a 3-4 cars a month , so one keeping on the street, one in garage and one in my driveway front on my flat, I am registered as a VAT trade seller from home and never block any one parking space, probably just jeuous neighbour
Expert:  Stuart J replied 1 year ago.
It probably is a jealous neighbour. The next thing you will probably get is the local authority wanting you to apply for planning permission for selling the cars from home. They can enforce that and it’s a different matter than the one currently being complained about. Just be aware.Unfortunately, you cannot continue to do what you are doing on the highway. If that were the case, car dealers could put cars all the way down the road all throughout the town, all for sale and not need a showroom. I appreciate that you are not doing it on anything like that scale but nonetheless, the legislation prohibits you from doing it even on a domestic scale as opposed to an industrial scale.It is illegal to dump rubbish in the street regardless of the amount of rubbish. One small sweet wrapper or cigarette end dropped on the floor as a criminal offence. You may get a bigger fine for dropping more rubbish but nonetheless it still offence.Your case, the same applies. All you can do is comply with the legislation and as you are now on the council radar, I would suggest that you applied for planning permission because if a neighbour has taken it upon themselves to complain to the local authority, and you are no longer selling cars from the highway only from your drive and have people coming and going, that will be there next complaint.I have experience of exactly this.Does that answer the question?Can I answer any specific points arising from this?Please do not forget to rate my answer service positively so that I get credit for my time today. I get paid!You may think the thread closes after rating, but it does not, it remains open we can still exchange emails if you wishKind regards
Customer: replied 1 year ago.
Thank you , my last question I should call to council and explain as I rent small garage with the parking space and won't be longer keep my cars in the street,
Expert:  Stuart J replied 1 year ago.
Yes, I would ring the council and tell them you have the notice, and you will remove the cars.I would also follow that up in writing.Asked them to confirm that is the end of the matter.Prosecuting you would not serve any useful purpose therefore, I think it most unlikely that it would go any further provided the you don’t start up again. If you do, they could just decide to prosecute you without notice.When you get a moment, please don’t forget to use the rating service so that I get paid. The thread will remain open still if anything else crops up. Thank you