Topic: Legal Advice needed on Vehicle MOT

[Big Red Richie]

Hi all.

I started working for a new company, and on the first day they supplied me with one of their vehicles to drive, on behalf of the company.  (I was a sub contractor, not cards in)

Ten minutes into the first shift I was stopped by Police, as the vehicle supplied did not have a valid MOT certificate. (Hadn't had one for 3 months apparently)

The traffic officer involved could not stop laughing. 


As no MOT is not an endorsable offence, no points etc. the officer said the £100 would not come to me, and put the companies address on the paperwork. He took my name, but the companies details for the fine to be sent.

He gave me a verbal warning, and did not ask me to sign the bottom of the paperwork. (I have a photo of the paperwork, from the time)


As I accepted the vehicle in good faith, and did not myself have access to the company's records, and not privy to the information regarding the vehicle supplied, the legal question I require is this.

As the company is the registered keeper of the vehicle, not myself, is the company responsible for the fine, or am I, as the driver of the vehicle, responsible for the fine?

The original fine of £100 has now accrued to £350, as the company involved has ignore the previous fines and a court appearance, for over seven months.

I'm now being threatened with bailiffs.

No guesswork here people. I need cold hard fact.

Ta.

[rob1966]

You are both liable for using the vehicle without an MOT, as the driver you have a responsibility to ensure the vehicle is roadworthy and they, as the owner, should not allow the vehicle to be used without MOT. However, its reasonable for you to expect that the vehicle they supplied you was mot'd and insured, especially as it had expired by 3 months. Best bet is to speak to a proper motor specialist solicitor and see where you stand.

http://www.fleetnews.co.uk/blog/company-car-liability-who-s-responsible

[Barneylfc∗]

Pretty shitty if the company leave that up to you

If the police took the companies details and sent the fine to them, why are you being threatened with bailiffs?

[Big Red Richie]

The company twats have gone underground, owing money all over the place, including staff wages and numerous suppliers.

I'm owed a fair wedge.

All correspondence has previously been sent to their premises, hence, I've never received any fine, and even missed a subsequent court appearance.

The court has then passed it on to a debt recovery agency.


The first I've known about it, is in the last two weeks. 

The twats in the company have sat on, and ignored any fine or paperwork for EIGHT months.


I can only presume that the debt recovery agency have got my home address via DVLA, as my driver details are on the original police paperwork.(but not my address)


What a fucking nightmare! 

[Barneylfc∗]

Should maybe give the police a ring or the courts even and see where you stand with it

[ggcc14]

Citizens advice is your best bet, what a terrible employer they are. 

[Big Red Richie]

Yeah. Trying to mate.

My heads up my arse right now.  Looks like I've got to do a  statutory declaration and get another court appearance to sort it out. All before the bailiffs come a knocking. 

[Ziltoid]

If it was a company vehicle registered to the company I think youll be fine. If its a vehicle registered to a person employed by the company you may have to pay.

Lad I know borrowed a neighbours 4x4 and got stopped by police, no insurance. He ended up going to court as he was driving the vehicle and should have checked before sitting behind the wheel.

Hope it works out.

[Medellin]

What a shower of basterds eh.
Some info here which may help mate..

https://www.stepchange.org/debt-info/ccj/set-aside-ccj.aspx