Council parking

[OntheUp]

Does anyone have a view on whether a Council can be considered a "trader" for the purposes of consumer protection laws specifically in relation to the operation of their car parks?

I accept that they may not normally be traders but would not have through that they should be exempt from consumer protection laws in connection with parts of their operations which are clearly businesses.

Definition of trader is

a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or
on the trader’s behalf.

[des8]

Re: Council parking

Would you care to post up more details?
Is this a query concerning an actual scenario, or is it a hypothetical question?

[OntheUp]

Re: Council parking

Would you care to post up more details?
Is this a query concerning an actual scenario, or is it a hypothetical question?

Not sure more details will help but it's a real scenario.

I've had a parking ticket issued by a council in respect of a council car park (automated pay by phone scenario which has gone wrong).

The ticket gives a telephone number which is an 0845 number. In addition to disputing the ticket I want to claim back the 0845 costs arising from calling them as in my view they are a trader (in terms of the car park business they operate) for consumer protection regulations purposes and therefore as an existing customer I am entitled to be provided with a national or 0345 number.

The only out for them that I could see on this aspect is if for any reason they are not considered a "trader".

[des8]

Re: Council parking

OK A council acting in that manner would not fall under the definition of "trader" under Consumer Rights Act 2015 (which is what you quoted in post 1
HOWEVER under 2 (7) of that act "“Business” includes the activities of any government department or local or public authority."
The explanatory notes refer throughout to "business to consumer contracts" so IMO they are a business covered by the act.

[OntheUp]

Re: Council parking

OK A council acting in that manner would not fall under the definition of "trader" under Consumer Rights Act 2015 (which is what you quoted in post 1
HOWEVER under 2 (7) of that act "“Business” includes the activities of any government department or local or public authority."
The explanatory notes refer throughout to "business to consumer contracts" so IMO they are a business covered by the act.

That's really helpful - thank you. Teach me to skim read the definitions! And interesting seems to mean that all their activities would be covered not just ones in connection with the obviously "business" related activities.

Think I'll go ring them some more...