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Unpaid Toll Fines while car was in garage
Comments
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It's part of the Statutory Instrument, which as noted above also tries to hold the RK responsible too. It hasn't been tested AFAIK, but doesn't seem to be clearly worded to me.
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The byelaws were enforceable before the "improvement works", after that date the MSCC ceased to be able to collect tolls, and "The Company" (Rixton and Warburton Bridge Company Limited) are able to collect tolls, under the new order, at the new rate, with the registered keeper being liable.
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These are the orders referenced on the toll bridge website. Check section 24 which is far from clear.
https://www.warburtontollbridge.co.uk/app/uploads/2025/07/rixton-and-warburton-bridge-byelaws-2024.pdf
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It is clear enough to me.
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Is it really? It says that a liability exists if neither the driver nor registered keeper has paid the toll, but it doesn't actually say who is liable.
If it sticks, force it.
If it breaks, well it wasn't working right anyway.0 -
Yep, really its clear to me.
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It's very strange (and reasonably confusing. The Order itself says this:
"(4) The person by whom tolls under this Order and penalty charges imposed in connection with this Order are payable in respect of a motor vehicle is the registered keeper."
But the bylaw says this:
23. "A person driving a vehicle across the Rixton and Warburton Bridge is liable to pay a toll at a
level displayed at all entry points onto the Rixton and Warburton Bridge"Anyone reading the bylaws in isolation would be entitled to think that the toll (and any penalties) are only payable by the driver. As well as that, although I haven't read either the Order or the enabling legislation (Transport Act 2000) neither seem to provide for prosecution. Only the bylaws do,
It's only what I can describe as poor drafting (of the bylaws). And not something I would risk a fortune finding out what M'Learned Friends might make of it.
A question you might like to put to the garage is what were they doing driving your car around when you'd left it with them to fit a new clutch and tyres. In fact, you might like to ask them why they were driving it around at all.
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right or wrong - I'd be naming the person that runs the garage where your car was at the time as the driver who should be paying the fine. They are ultimately responsible for all their employees who may (or may not) have been off on a jolly in your car at the time in question.
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