Inflation Increases By 35% - Minister...
News1 min ago
Speeding Fine
My son had a speeding fine in another part of the UK to where he’s living now. To complicate matters the notice went to his old partners address. She failed to forward the notice. A not very amicable separation. Because he’s now notified the DVLA of his new address, the fine has increased, because he failed to pay on time. He’s had a letter off the court stating they intend to apply to his employer to have it taken out of his wages. Can they do that without his permission. How did the court find out who his employer is. They’ve actually named who he’s working for. Thanks for all info.
Answers
Best Answer
No best answer has yet been selected by malagabob. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
Let's start with a civil analogy. If you owe someone money, and youdon't pay up, they can apply to a court for a judgment ordering you to pay. If you still don't pay up, the person you owe money to can then ask the court to order your employer to make payments to them directly from your wages. Anyone can do that; it's not just 'the authorities' that can. It's a common way of ensuring that debts get paid.
Your son has incurred a debt but there's no need for 'the authorities' to seek a court judgment against him, as (through issuing a fine) a court has already ordered him to pay the money. So enforcement action can now be used against him, such as having the money taken directly from his wages.
Your son is lucky that an alternative way of getting the money hasn't been sought. If the decision to use court bailiffs had been taken, it would have cost him far more. For example, if they took a telly that cost him £500, potential purchasers at auction couldn't be sure that it was fully working, so it might only sell for £80. After the auctioneer's fees and bailiff's fees had come out of that, there might be no more than £50 left to go towards paying off the debt. (i.e. it can cost TEN times as much to pay back debt through bailiffs than it can through having the money taking from one's wages).
He's also lucky not to have been prosecuted for failing to notify DVLA of his change of address, which is a criminal offence.
Your son has incurred a debt but there's no need for 'the authorities' to seek a court judgment against him, as (through issuing a fine) a court has already ordered him to pay the money. So enforcement action can now be used against him, such as having the money taken directly from his wages.
Your son is lucky that an alternative way of getting the money hasn't been sought. If the decision to use court bailiffs had been taken, it would have cost him far more. For example, if they took a telly that cost him £500, potential purchasers at auction couldn't be sure that it was fully working, so it might only sell for £80. After the auctioneer's fees and bailiff's fees had come out of that, there might be no more than £50 left to go towards paying off the debt. (i.e. it can cost TEN times as much to pay back debt through bailiffs than it can through having the money taking from one's wages).
He's also lucky not to have been prosecuted for failing to notify DVLA of his change of address, which is a criminal offence.
From the HMRC website:
"We will, in some circumstances and where the law allows, share your data with third parties, including:
third-party service providers
other government departments
public authorities and law enforcement agencies both in the UK and overseas
overseas tax and customs authorities
debt collection agencies
credit reference agencies
banks
other financial institutions"
Given that both 'public authorities' and 'debt collection agencies' appear on that list, it would seem likely that it was HMRC who passed on details of who your son's employer is.
"We will, in some circumstances and where the law allows, share your data with third parties, including:
third-party service providers
other government departments
public authorities and law enforcement agencies both in the UK and overseas
overseas tax and customs authorities
debt collection agencies
credit reference agencies
banks
other financial institutions"
Given that both 'public authorities' and 'debt collection agencies' appear on that list, it would seem likely that it was HMRC who passed on details of who your son's employer is.
// Let's start with a civil analogy.//
no dont lets
this is a criminal fine/penalty case
they haff ways of making you pay ( not surprisingly )
and he is finding the hard way that you cant just walk away from penalties from the authorities.
1978 my slightly touched brother wrote to the authorities about a fine - "I am going to canada so you had better hurry up and answer" so they took the money off me - registered keeper. Only the brother ws surprised
oh and it is called a garnishee order I think
no dont lets
this is a criminal fine/penalty case
they haff ways of making you pay ( not surprisingly )
and he is finding the hard way that you cant just walk away from penalties from the authorities.
1978 my slightly touched brother wrote to the authorities about a fine - "I am going to canada so you had better hurry up and answer" so they took the money off me - registered keeper. Only the brother ws surprised
oh and it is called a garnishee order I think
