While the individual is subject to the fixed penalty notice no criminal proceedings can be brought against him for 14 days after he has become subject to the notice or if he pays the notice. If he does not pay the notice then criminal convictions can be brought.
An individual will be guilty of this offence if he does one of the following actions:
The local council can prosecute a business for either of the above criminal violations. If an individual or a business has been convicted of one of these offences then they can be liable for a fine of up to £2,500.
We can also deal with this matter by issuing a £100 fixed penalty notice which can also be reduced to £60 for early payment.
In reality it would not get to this stage when concerned with an individual placing an advertisement to sell their car in the window of the car while parked on the road. The offence targets people who run businesses and use the road to store their cars and common sense would expected to be used by the local council when dealing with private individuals.
This can also deal with this matter by issuing a £100 fixed penalty notice.
This does not apply to a single individual wishing to advertise his or her vehicle for sale.
This can also deal with this matter by issuing a £100 fixed penalty.
I need to repair my car, can I be liable under the Act?
Section 4(3) of the Clean Neighbourhoods and Environment Act states a person will not be guilty of an offence if he can prove to the court he was not carrying out restricted works in the course of a business or for gain or reward.
This does not apply to individuals carrying out urgent repair works on their own vehicle however please be considerate to your neighbours whilst doing this.