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THERE IS no law against selling a car privately - or is there?

Consumer magazine Which? is warning motorists to check their local council's by-laws after one driver parked her car in a north London street, left a 'for sale' notice in the window, and returned to find a £100 fine notice stuck on it.

The parking warden who slapped that ticket on Hertfordshire resident Diane Draper's Nissan car was only following the rules - she had contravened a London by-law that prohibits selling vehicles on public streets.

Luckily, Diane, who is also a Blue Badge holder, persuaded Barnet Council to back down from enforcing the penalty, but the whole experience sounds a timely warning to all UK owner-sellers to check first, especially if they live in or near a city, before indulging in a spot of self-advertising.

Which? magazine's research revealed the problem was not merely confined to the capital, when, earlier this year, a driver from Essex also persuaded Basildon Council to cancel a £60 fine after she parked her car, with a 'for sale' sign on it, in one of the council's car parks.

The council told Which? there was a clear sign prohibiting vehicle sales, but Barrie Segal, who runs a parking appeals website, told the magazine he had heard of other cases from around the country.

In Britain, you could be caught out by at least two laws. Under one, it is an offence to have two or more cars for sale within 500 metres of each other, but you can avoid a £2,500 fine by proving you are not a business.

The other regulation is a street-trading law that makes it an offence to offer a car for sale in certain roads.

The rules were brought in to stop dealers using streets as car showrooms, and councils can also ban car sales in car parks.

Joanne Lezemore, a spokesman for the Which? Legal Service, said: "Having a 'for sale' sign in your car isn't an offence in every street, but the rules are confusing.

"If you want to park in a street with a 'for sale' notice in your car, check with the council."

6:59am Friday 16th May 2008

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