Take your 'Only Fools and Horses' van off the road - or we will. That's the warning from Dublin City Council to one businessman.

'Tommy Tuckers Tyres' in Kilbarrack, Co Dublin has been warned to move its Robin Reliant car from a cul-de-sac, because it is "advertising" on a public road. The three-wheeled yellow car is the same type as that featured in the hit TV series.

Its owner, Jonathan Goddard, said he has nowhere else to park the vehicle and that it was not solely being used for advertising.

However, the city council said it had received complaints about the car, which is regularly parked outside a residential estate around the corner from the business.

It said it met with Mr Goddard twice in February, after residents of the estate complained. The van is branded with the name of the business and a phone number, but the owner said he had "no choice" but to park it where it was.

"It's my work van. Yes, it has an ad on it - but so does every other work van," Mr Goddard said. "There are plenty of other businesses with vans around the area, and I haven't heard of them being chased after by the council."

Mr Goddard said he would fight the council, "legally if needs be", to keep the car on the road.

"I don't understand why they are picking on me - it's probably the smallest vehicle in Kilbarrack," he said.

However, the council said it spoke with Mr Goddard several times to stress that he could not have the vehicle on the road.

A spokesperson said that the council had to serve a Section 71 notice as "a final resort".

Under Section 71 of the Roads Act a person cannot erect, place or retain a vehicle used for the purposes of advertising, the sale of goods or provision of services. 0The notice means that Mr Goddard has 30 days to remove the vehicle or the council will take it from him.

Mr Goddard said that he told the council there was nothing wrong with having his van parked on a public road and that it was fully taxed and insured.

Insured

"It's taxed and insured and therefore has a right to be parked on that road. I mean, come on, it's not exactly a 40ft truck or anything," he said.

But the council said that the vehicle being taxed and insured "had no bearing on the situation" and that it gave Tommy Tucker Tyres "every opportunity to remove the offending vehicle".

Herald