Company Vehicle Speeding Fine

sheramber

sevenhills said:

throughthickandthin said:

I've never had any other correspondence on this, other than a mail from the car leasing firm which my employer uses, to say they are deducting a £15 admin fine due to a speeding fine. 

Since there is no such thing as a £15 speeding fine, did you ask any questions about this, did you pay the £15?

£15 is an admin fee charged by the leasing firm for  passing the paperwork for the fine to the company.

Car_54

DB1904 said:

Car_54 said:

ontheroad1970 said:

If the company has been named but not you personally, then they as a company have committed a crime that you cannot now be charged with.  Who is named on the summons?

No, it means they are accused of a crime, not that they’ve committed one. That’s what courts are for,

So if you burgle a house and don't get accused you haven't committed and offence?

That does not follow from what I've written.

Being charged with an offence does not mean that you've committed it. It only means that the police believe you have, and that they think they can prove it.

DB1904

Car_54 said:

DB1904 said:

Car_54 said:

ontheroad1970 said:

If the company has been named but not you personally, then they as a company have committed a crime that you cannot now be charged with.  Who is named on the summons?

No, it means they are accused of a crime, not that they’ve committed one. That’s what courts are for,

So if you burgle a house and don't get accused you haven't committed and offence?

That does not follow from what I've written.

Being charged with an offence does not mean that you've committed it. It only means that the police believe you have, and that they think they can prove it.

But you agree you can commit an offence without being charged or convicted?

Car_54

DB1904 said:

Car_54 said:

DB1904 said:

Car_54 said:

ontheroad1970 said:

If the company has been named but not you personally, then they as a company have committed a crime that you cannot now be charged with.  Who is named on the summons?

No, it means they are accused of a crime, not that they’ve committed one. That’s what courts are for,

So if you burgle a house and don't get accused you haven't committed and offence?

That does not follow from what I've written.

Being charged with an offence does not mean that you've committed it. It only means that the police believe you have, and that they think they can prove it.

But you agree you can commit an offence without being charged or convicted?

Of course. What have I written to make you think otherwise?

Thrugelmir

throughthickandthin said:

 I've never had any other correspondence on this, other than a mail from the car leasing firm which my employer uses, to say they are deducting a £15 admin fine due to a speeding fine. 

You didn't bother to follow this up? Once you became aware. 

DB1904

Car_54 said:

DB1904 said:

Car_54 said:

DB1904 said:

Car_54 said:

ontheroad1970 said:

If the company has been named but not you personally, then they as a company have committed a crime that you cannot now be charged with.  Who is named on the summons?

No, it means they are accused of a crime, not that they’ve committed one. That’s what courts are for,

So if you burgle a house and don't get accused you haven't committed and offence?

That does not follow from what I've written.

Being charged with an offence does not mean that you've committed it. It only means that the police believe you have, and that they think they can prove it.

But you agree you can commit an offence without being charged or convicted?

Of course. What have I written to make you think otherwise?

No, it means they are accused of a crime, not that they’ve committed one. That’s what courts are for,

ontheroad1970

As nice as all the technical details about being alleged to have done something is, we won't be able to help further without details.  Most importantly, who is named as the keeper?  Is it the company or the individual.  If it is the company, then the OP has a get out of jail card - the company will allegedly have committed a fail to furnish charge.  No points, but the company get a fine.  After this length of time the speeding charge is dead in the water if the OP's name isn't on the V5 or the requisition.  

He might, however be called into a meeting without biscuits for not making the company aware that he knew something was coming.

ontheroad1970

But since some are getting technical, a crime has been committed - Failure to furnish on the part of the company (if they are the RK) - There is a statutory defence if they are able to convince the court that the failure was totally beyond their control.  Normally it is a tough barrier, all depends when they were able to get hold of the information that was theirs to give.  If the OP has been sitting on the information it might put the employers in a pickle.  

The base offence is dead in the water -though if the OP is named on the v5 he might prefer to ask if the prosecution would be prepared to resurrect the dead charge in exchange for killing the failure to finish which will be far worse for insurance quotes.  

Manxman_in_exile

ontheroad1970 said:

If the company has been named but not you personally, then they as a company have committed a crime that you cannot now be charged with.  Who is named on the summons?

What?        

Manxman_in_exile

ontheroad1970 said:

... Most importantly, who is named as the keeper?  Is it the company or the individual.  If it is the company, then the OP has a get out of jail card - the company will allegedly have committed a fail to furnish charge...

ontheroad1970 said:

But since some are getting technical, a crime has been committed - Failure to furnish on the part of the company (if they are the RK) - There is a statutory defence if they are able to convince the court that the failure was totally beyond their control.  Normally it is a tough barrier, all depends when they were able to get hold of the information that was theirs to give.  If the OP has been sitting on the information it might put the employers in a pickle.  ... 

Eh?  All we know is that some time ago the OP got "a mail" from his employer's car leasing company notifying him about a "speeding fine" that they were charging him an admin fee for.  Presumably this is in relation to a lease car that the OP uses.  Whether it really was a "speeding fine" or just a s172 request we don't yet know.  (I suppose it's possible that it is a "speeding fine", but I doubt it.)

Now the OP tells us that his employer has received a "summons" - presumably in relation to the same speeding fine - but we don't know who the summons is addressed to or what charges are on it.  In fact we don't even know that it is a summons as opposed to a s172 request.

There's no way of being certain that it must be the OP's employer that is being charged with failure to furnish.  It could be addressed to the OP c/o his employer for all we know.  It depends on what information the car leasing company (who presumably is the RK) holds on the vehicle in question, and what they have told the police in response to the original NIP/s172 request.

To understand fully what is happening - and has happened so far - the OP needs to find out the answers to the questions I asked him in the third post on this thread 3 days ago.