Ex-director of closed company pursued for speeding fine
Discussion
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
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
Just got some more clarification from him, it's basically a fine for not promptly informing the police of who was driving - apparently after sending details of who was driving (the driver was actually known) the response from the police was that it was too late, and a chain of fines resulted. The fine is now up over £1200.
However they still seem to be pursuing the company, rather than the individual.
Can the director (quite reasonably) claim that there are no company assets at his address?
However they still seem to be pursuing the company, rather than the individual.
Can the director (quite reasonably) claim that there are no company assets at his address?
thanks for the help everyone.
I've discussed the issue further and it appears there are a few issues I wasn't aware of.
It does seem like a fine for failure to furnish after a speeding fine, for a van owned by the company. The company has not actually been wound up but is in liquidation.
A letter was received at the registered address notifying of the intention to take it to court (prior to the company entering liquidation) but no subsequent information was sent, so the court date was missed.
The collectors were court bailiffs who refused to show the court order while at the door, although it is understood that the court order/fine was in the name of the company, not the director or secretary.
It would seem from all your comments that bailiffs cannot force entry and/or seize goods for a private house or target an individual if the order only has the company name on it?
I've discussed the issue further and it appears there are a few issues I wasn't aware of.
It does seem like a fine for failure to furnish after a speeding fine, for a van owned by the company. The company has not actually been wound up but is in liquidation.
A letter was received at the registered address notifying of the intention to take it to court (prior to the company entering liquidation) but no subsequent information was sent, so the court date was missed.
The collectors were court bailiffs who refused to show the court order while at the door, although it is understood that the court order/fine was in the name of the company, not the director or secretary.
It would seem from all your comments that bailiffs cannot force entry and/or seize goods for a private house or target an individual if the order only has the company name on it?
thanks for the help everyone.
I've discussed the issue further and it appears there are a few issues I wasn't aware of.
It does seem like a fine for failure to furnish after a speeding fine, for a van owned by the company. The company has not actually been wound up but is in liquidation.
A letter was received at the registered address notifying of the intention to take it to court (prior to the company entering liquidation) but no subsequent information was sent, so the court date was missed.
The collectors were court bailiffs who refused to show the court order while at the door, although it is understood that the court order/fine was in the name of the company, not the director or secretary.
It would seem from all your comments that bailiffs cannot force entry and/or seize goods for a private house or target an individual if the order only has the company name on it?
I've discussed the issue further and it appears there are a few issues I wasn't aware of.
It does seem like a fine for failure to furnish after a speeding fine, for a van owned by the company. The company has not actually been wound up but is in liquidation.
A letter was received at the registered address notifying of the intention to take it to court (prior to the company entering liquidation) but no subsequent information was sent, so the court date was missed.
The collectors were court bailiffs who refused to show the court order while at the door, although it is understood that the court order/fine was in the name of the company, not the director or secretary.
It would seem from all your comments that bailiffs cannot force entry and/or seize goods for a private house or target an individual if the order only has the company name on it?
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