Nuisance parking criminal offences
Produced in partnership with Jonathan Melnick
Nuisance parking criminal offences

The following Local Government guidance note Produced in partnership with Jonathan Melnick provides comprehensive and up to date legal information covering:

  • Nuisance parking criminal offences
  • Nuisance parking
  • Statutory defences to nuisance parking
  • Penalty for nuisance parking
  • Repairing vehicles on a road
  • Defence to repairing a vehicle on the road
  • Penalty for repairing a vehicle on the road

Nuisance parking

Nuisance parking is criminalised by sections 3 and 4 of the Clean Neighbourhoods and Environment Act 2005 (CNEA 2005). Both offences are summary only. Section 5 of the Act provides for the criminal liability of directors and other officers acting in such a capacity, in addition to the company itself being liable for the commission of an offence.

There may also be offences committed under sections 137(1) of the Highways Act 1980 (HiA 1980) of wilful obstruction of the highway. In addition, if anything is unlawfully deposited on the highway so as to be a nuisance a local authority may issue a notice of removal and seek an order from the magistrates’ court to remove the offending item (HiA 1980, s 149).

Where a person leaves two or more vehicles parked within 500 metres of each other on a road or roads where they are advertised for sale he may have committed an offence under CNEA 2005, s 3(1). This offence is targeted at garages who have cars for sale parked for extended periods on the street and is intended to reduce the nuisance caused to local residents. The cars can cause damage to the environment through oil leakage. The offence may also be committed by a person who causes the cars to be parked there, so the