Nuisance Vehicles
ListenThe Situation
Nuisance vehicles are becoming an increasing problem within the borough and across the UK.
The Council can investigate and action nuisance vehicle complaints under the Clean Neighbourhoods and Environment Act 2005 (CNEA).
What is a Nuisance Vehicle?
There are two offences under the CNEA:
Section 3 (1) exposing vehicles for sale on a road - two or more motor vehicles parked within 500m of each other on a road where they are exposed or advertised for sale as part of a business, or someone who causes two or more vehicles to be so left.
Section 4 (1) repairing a vehicle on a road
- a person who carries out restricted works on a motor vehicle on the road as part of a business or so as to cause annoyance.
Restricted works is defined in section 4(2) as meaning works for the repair, maintenance, servicing, improvement or dismantling of a motor vehicle or any part of or accessory to a motor vehicle.
The Penalty
Where it is established that a nuisance vehicle situation exists, the Council can serve a fixed penalty notice on the person responsible. The fine is currently £100 but may change. If accepted, the notice is instead of being prosecuted for the offence which carries a penalty of up to £2,500 plus costs.
Defence
Section 3(2) sets out the defence for exposing vehicles for sale on a road as being if the person proves to the satisfaction of the court that they were not acting for the purpose or business of selling motor vehicles.
Section 4(3) sets out the defence for repairing vehicles on a road as being if the person proves to the satisfaction of the court that the works were not carried out in the course of, or for the purpose of, a business doing restricted works, or for gain or reward.
However, there are circumstances in which the defence in section 4(3) does not apply. Section 4(4) says that the defence in section 4(3) does not apply where the carrying out of the works gave reasonable cause for annoyance to persons in the vicinity.
Section 4(5) sets out a further defence for repairing vehicles on the road as being if the person proves to the satisfaction of the court that the works carried out were works of repair which arose from an accident or breakdown (where repairs on the spot or elsewhere on the road were necessary) and that they were carried out within 72 hours or the accident or breakdown, or were within a period authorised by the local authority.
What is the Council doing?
As well as dealing with complaints, Bracknell Forest Borough Council is taking a proactive role in tackling nuisance vehicles by having regular crack downs on car crime in the Borough in joint operations with the police and DVLA.
You can report a nuisance vehicle to the Council, where it will be investigated and a fixed penalty notice served on the relevant person if appropriate.
Reporting a Nuisance Vehicle
When reporting a nuisance vehicle, you must ensure you give the customer services staff all the necessary information, such as:
- Car(s) make, model, colour, location, and registration number
- Whether vehicles are being exposed for sale or repaired on the road
- Who is responsible for the vehicle (if known or suspected)
- Any information that leads you to think that the person has a valid defence
- Any other information you feel relevant.
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