Pursued at home for closed company speeding fine?

tommyjj

Hello everyone,

A relative of mine ran a building company (the company director) until a year or so ago.

A number of employees used a van registered to the company, one of whom was caught speeding and a ticket resulted. The company director didn't know who was driving it at the time and the possible divers were understandably shy about coming forward.

The court/police initially attempted to pursue the director and to add points to his licence, though it was subsequently accepted that he was not driving.

The company was then wound up and it wasn't making any money.

Since the company was wound up, there appears to have been some court action regarding the unpaid speeding fine and court bailiffs have appeared at the ex-director's house, claiming that it is the registered address of the (now closed) business.

He managed to fob them off for a day or two, but they said that next time they'd bring a locksmith and the police along to sieze goods.

Is this legal? The company no longer trades then can they still pursue a director for a company-related fine? People close companies down all the time oweing contrators money and they aren;t allowed to pursue the directors at the home addresses.

any help greatly appreciated

Aretnap

Depends whether it was the company that was convicted or the director personally.

Most likely it was the company, in which case the bailiffs can attempt to seize the company's assets - and the registered address of the company is an obvious place to look for them. They can't seize the director's personal property from that address... but there may be some "confusion" about what belongs to the company and what belongs to the director.

If the director personally was charged and convicted then they can come after him and his property. There's provision in the law for a director to be personally convicted if the failure to name the driver happened as a result of his "consent, connivance or neglect" (RTA s172(5)), but (a) it's not commonly used and (b) doesn't carry penalty points.

tommyjj

thanks Aretnap

As far as I know, they are after the company, which doesn't exist.

It was a building firm registered at his address, but I don't think it really had any company assets anyway.

Don't bailiffs then have to prove what is owned by the company and what isnt? Or is the onus on the homeowner? The latter would seem crazy

arcon5

If the name of the court order is the ltd company then get proof that the company was wound up and assets disposed off. If they come back phone the police saying they are trying to take your property unlawfully

Johno100

When you say "wound up", do you mean the company the entered formal insolvency proceedings, or was it just closed down?

What is the status of the Company now, has it been dissolved?

bigjl

I think you will find that the Director might have been prosecuted for failing to name the driver.

If that's the case it could well be a proper Court Fine they are attempting to enforce rather than just a debt.

Though normally they will write to the Company Secretary for info regarding who was driving.

If the Director was also the Company Secretary then here you go.

This is one reason it is a bad idea to trade from your own house rather than register the company elsewhere.

bigjl

A Bailiff can't force their way into a residential premises, only a business premises.

If you have a garage/shed seperate to the house that was used solely for the business then I think they can force entry.

It is also possible that they are trying the usual bluster and !!!!!!!! approach to attempt to intimidate you.

I hate Bailiffs. High Court Enforcement Officers actually have some power, these Bailiff TV programs always make out a bailiff has more power than they actually have, and many Bailiffs pretend to by High Court Enforcement officers.

Did I mention I hate Bailiffs....

tommyjj

Johno100 wrote: »

When you say "wound up", do you mean the company the entered formal insolvency proceedings, or was it just closed down?

What is the status of the Company now, has it been dissolved?

I thought it was dissolved, but apparently, it has entered insolvency proceedings

Johno100

tommyjj wrote: »

I thought it was dissolved, but apparently, it has entered insolvency proceedings

Well if the debt is in the Company's name and there is still a Liquidator or Administrator in office then refer the matter on to them. A phone call or letter from an Insolvency Practitioner to the bailiffs telling them the 'facts of life' should resolve the situation PDQ.

bigjl

Might be an idea to call the Bullying Bailiffs bluff and invite him to turn up with the Police and a Locksmith at a mutually convenient time.

If they could do anything they would have clamped the first car they seen outside the property as in reality that is all they can do most of the time.

Unless it is on Finance or worth less than £1350 then they can't touch it anyway.

Just to confirm

I hate Bailiffs.....

esmerobbo

bigjl wrote: »

A Bailiff can't force their way into a residential premises, only a business premises.


Did I mention I hate Bailiffs....

They can for a Magistrates fine, and some other things, but it should only be as a last resort!

https://www.gov.uk/your-rights-bailiffs/what-you-can-do-when-a-bailiff-visits