Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: churst121 on May 22, 2024, 02:07:24 pm
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"You" are answering for and on behalf of the company as a director/secretary/company official. I had this in similar circumstances many years ago.
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I think the OP needs to read up on separate corporate personality. There is no “I” here, the company is the defendant and will be convicted and fined.
Fully understood. I am saying "I" as I am the one completing the form. I do understand that the company is a separate entity.
Thank you
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I think the OP needs to read up on separate corporate personality. There is no “I” here, the company is the defendant and will be convicted and fined.
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Thank you and would it be upto £1000 fine but no points?
Not if the Company pleads guilty. The maximum fine for the offence is £1,000. However, a guilty plea attracts a discount of one third. So the maximum will be £667. There will also be a "Victim Surcharge" of 40% of the fine and prosecution costs of about £90. So about £1,020 maximum. But no points.
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Yourco ltd/plc/unltd has no licence to endorse.
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Thank you and would it be upto £1000 fine but no points?
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Unless you and the chairman of the bench are members of the same lodge, or the bench otherwise finds everything you say to be utterly unimpeachable, IMHO yes.
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Understood Andy. So I am better off changing my plea to guilty and taking the financial hit?
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So, you haven't been summoned to court, the limited company that you happen to own has been summoned to court.
Your "defence" is that whilst you don't know whether the company received the notice because you don't keep records, if you had, you definitely would have provided the details, unless this was when you bought some hookey stamps on ebay.
The good news is that neither you nor the company will get points when it is convicted. The bad news is cunningly hidden in the good news.
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Thank you for your reply. What would be the punished for the company if we pleaded guilty by post?
I recieved it orginially around 2 weeks ago and replied with a letter stating what has happened and now I have been sent a court date in July.
I am thinking of changing to a guilty plea by post.
I already have 6 points so I cannot accept anymore points as the company director.
Thanks again
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The police will almost certainly be able to provide evidence that the request was entered into the postal system, properly addressed and paid for. Once they do that, it is assumed to have been "served" two working days later unless the contrary can be proved.
The time to provide the driver's details is now passed. The police must begin proceedings for speeding (assuming that was the underlying offence) within six months of the alleged offence and they will not entertain a nomination at this late stage. Whoever you nominate will have 28 days to respond and that will take it beyond that six month limit. In any case, once they have begun court proceedings they are most unlikely to rescind them.
That leaves you (or rather the company) with the choice of either pleading guilty or defending the charge. I would guess, especially in view of possible explanations (3) and (4) on your list, the prospects of successfully defending the charge are slim.
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Who is the SJPN addressed to? Who is the RK? What is that status of the company?
SJPN notice is addressed to the Limited Company .
Van is leased so registered Keeper is the lease company, and agreement is between the lease company and limited company.
If you need any other information please let me know. Thank you
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Apart from the immediate issue, you need to get your admin in order.
Start logging receipt of NIPs, photocopying replies, and getting (free) proof of postage.
100% Agree, I have introduced this today.
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Apart from the immediate issue, you need to get your admin in order.
Start logging receipt of NIPs, photocopying replies, and getting (free) proof of postage.
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Who is the SJPN addressed to? Who is the RK? What is that status of the company?
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I posted on here last week about a personal issue and now I'm back with a company issue!
I own a company which has around 25 vans. We receive Request for Driver details on a very regular basis and always reply.
I have today been summonsed to court for failing to give driver details.
I cannot say 100% if I ever received the notice but I do know that every single notice we receive is replied to.
There is a few possible reasons.
1. We never recieved it
2. We sent it back but the police never recieved it
3. Possible admin error in office but I have spoken with staff member and do not think this is the case
4. I bought some stamps from ebay which turned out to be counterfeit, I was using them and sending post to my customers and they was recieving £5 fine cards from customers. I stopped using them but its possible the letter was sent back with one of those. I have prove of purchase etc if needed.
I know who the driver is and can declare that. This incident dates back to December 2023 but I can see we received another one in January 2024 (different incident) for the same van and driver and that one was replied to.
We have an admin who sorts this, I do not get involved.
What would be my best course of action? I want to go not guilty and would be happy to give drivers details but I am not sure if it is not pass that stage?
Any advice would be greatly appreciated.
Thank you
John