Section 172 (3)
Discussion
Just received in mail a Section 172 (3) - failure to respond to driver details. This sub section guilty of offenders of not declaring driver details.
The defendant is XYZ Ltd company.
Court date is in few weeks.
This is first I know about it. (Really)
I’m sole director will the judgement fir the points / fine go to the director or the Ltd company?
The defendant is XYZ Ltd company.
Court date is in few weeks.
This is first I know about it. (Really)
I’m sole director will the judgement fir the points / fine go to the director or the Ltd company?
windowshopping said:
XYZ Ltd in each case.
There has been no correspondence from myself and I’ve just opened the letter now.
Does it mention anything about an original earlier offence, is it just for failing to give details?There has been no correspondence from myself and I’ve just opened the letter now.
Without trawling the timeline which may throw up some angles for you to declare you were not aware of any offence or s172 request until now, so to go back to your original question the net result if convicted as a ltd co will be a sizeable fine, but no points can be awarded as a company does not have a driving licence to put them on
martinbiz said:
Does it mention anything about an original earlier offence, is it just for failing to give details?
Without trawling the timeline which may throw up some angles for you to declare you were not aware of any offence or s172 request until now, so to go back to your original question the net result if convicted as a ltd co will be a sizeable fine, but no points can be awarded as a company does not have a driving licence to put them on
What is the maximum fine ?Without trawling the timeline which may throw up some angles for you to declare you were not aware of any offence or s172 request until now, so to go back to your original question the net result if convicted as a ltd co will be a sizeable fine, but no points can be awarded as a company does not have a driving licence to put them on
SJPN can’t be used for companies so I assume you have a Postal Requisition. You should deal with this online or by post.
If you have a defence then plead not guilty, and your case will be adjourned to trial. If you don’t have a defence then you should plead guilty sooner rather than later.
Level 3 offence. Maximum fine is £1000. Plead guilty at an early stage; the company is entitled to credit. Usually one-third off. Fine should not exceed 75% of the maximum. Prosecution costs usually £85. Sometimes slightly higher. Victim surcharge is 10% of the fine.
Company, rather than an individual, has a conviction. No penalty points.
If you have a defence then plead not guilty, and your case will be adjourned to trial. If you don’t have a defence then you should plead guilty sooner rather than later.
Level 3 offence. Maximum fine is £1000. Plead guilty at an early stage; the company is entitled to credit. Usually one-third off. Fine should not exceed 75% of the maximum. Prosecution costs usually £85. Sometimes slightly higher. Victim surcharge is 10% of the fine.
Company, rather than an individual, has a conviction. No penalty points.
kestral said:
Register a car to a company.
Race around.
Receive sec172 notice
just don't respond
Go to court plead not guilty
Don't give evidence.
Get fine and no penalty points
Not bad if you have a bob or two.
How would one ever get penalty points?
I would think that if a co started getting S172 convictions on a regular basis it would be looked into a bit deeper, there is a caveat in S172 that directors / managers can be investigated if it is thought that they have conived or conspired to buck the system to avoid points, don't know how often this has happened though. AGT will probably knowRace around.
Receive sec172 notice
just don't respond
Go to court plead not guilty
Don't give evidence.
Get fine and no penalty points
Not bad if you have a bob or two.
How would one ever get penalty points?
martinbiz said:
I would think that if a co started getting S172 convictions on a regular basis it would be looked into a bit deeper, there is a caveat in S172 that directors / managers can be investigated if it is thought that they have conived or conspired to buck the system to avoid points, don't know how often this has happened though. AGT will probably know
See section 172(5) RTA 1988. http://www.legislation.gov.uk/ukpga/1988/52/sectio...I’ve never seen it used. There must be very few s.172(5) prosecutions against company directors, company secretaries, managers or “other similar officers.”
speedking31 said:
y being caught by officers at the roadside, or being identified from a photograph. HTH
Please read my post.It refers to the service of a documnet to ID the driver and the circumstance that take place afterwards.
In those circumstance how would anyone get penalty points. I hope that helps you!
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