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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Re the definition of "offer or exposure for sale" A motor

Resolved Question:

Re the definition of "offer or exposure for sale"

A motor trader parks some of his stock-in-trade on the open street. He does not indicate that the vehicles are for sale secondhand and/or for spare parts/salvage. His nearby showroom does however offer such vehicles, and he trades on the internet.

Our local residents regard this as at least anti-social, but the vehicles, parked day and night, sometimes for weeks on end, on a busy road (regular bus route) do contribute to general congestion and visual obstruction difficulties, problems for parents using a local nursery, etc.

Environment law does seem to prevent trade exposed on the street, hence our question.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

What is your question please?
Customer: replied 3 years ago.

A motor trader is not permitted to offer or expose his stock in trade on the open street it appears from environmental law. The moot point is does the activity described constItute the "offer or exposure for sale of stock"? If so, we might have some chance of clearing his unwelcome vehicles off the street.

Expert:  UKSolicitorJA replied 3 years ago.
I believe the trader is exposing for sale two or more vehicles contrary to the Clean Neighbourhoods and Environment Act 2005 which makes it an offence to expose or advertise for sale two or more motor vehicles parked on a road or roads within 500 metres of each other as described below.

The fact that he exposes the vehicle for sale is against the law, he does not need to advertise them for sale or place for sale signs e.g. If people go into his premises and he points the vehicles out to them, this will be exposing them for sale contrary to the law.

The matter should be reported to the local authority to take enforcement action against the trader.

Hope this helps

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