Is vehicle owner responsible when driver does not pay fine ?e

[Gerry Attrick]

An insured driver as not paid a fine he received whilst driving my car in a bus lane, the local authority have sent me a copy of a letter sent to the driver advising that if the amount due is not paid in full within 1 month they will pursue me as the owner of the car for the outstanding amount, can they do this. Advise please.

[maroondevo52]

Hello and Welcome, Gerry.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[Gerry Attrick]

Thanks for that Scott

 

Regards

 

Gerry

[sailor sam]

Hi and welcome to CAG.

 

The answer is yes they can. Although you could appeal giving the details of the driver as technically it was he who commited the offence. Before doing anything though, are you sure the bus lane and the PCN are compliant? There maybe signage/marking issues with the bus lanes or the PCN may be flawed. can you give us a bit more info such as where is the bus lane?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice useful.

[Gerry Attrick]

They already have the details of the driver He as admitted the offence and as offered to pay by installments due to his circumstances, this offer as been rejected and they still insist they will chase me for the debt if he does not pay by the deadline, surely this can't be right.

[Gerry Attrick]

Forgot to mention the bus lane was on Middlewood road Sheffield.

[sailor sam]

If you are reffering to the 'bus gate' at the junction with Holme Lane here;

Middlewood road Sheffield - Google Maps

 

then I may have some good news because in my OPINION it is non-compliant because there is no signage at the beginning of the gate. The sign is positioned after the only possible alternative turn you could take to avoid the gate. No doubt others will comment.

 

In any event, the responsibility should be the driver's as it was he who commited the 'offence'. If it were a hire car the hire company would simply pass the driver's details on and he/she would get the PCN. However, some offences are (for some strange reason) are the responibility of the RK even if he/she is not driving. They will not allow to pay by installments either, although if it went to court (which would cost more), that option may be available then.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice useful.

[green_and_mean]

Its a bit odd how someone else managed to get a PCN for a car you own, are Sheffield Council employing psychics now?

[Gerry Attrick]

Its a bit odd how someone else managed to get a PCN for a car you own, are Sheffield Council employing psychics now?

 

The original PCN came to me, I showed it to the driver who wrote to Sheffield Council to confirm that he was driving and offered to pay the fine by installments. The Council then wrote to me to confirm that they had recieved correspondence from the driver and threatened that if he doesnt pay in full they will persue me!

I just find it strange that I could be liable.

[green_and_mean]

The original PCN came to me, I showed it to the driver who wrote to Sheffield Council to confirm that he was driving and offered to pay the fine by installments. The Council then wrote to me to confirm that they had recieved correspondence from the driver and threatened that if he doesnt pay in full they will persue me!

I just find it strange that I could be liable.

 

Oh that makes more sense!

Since the 'offence' is decriminalised its dealt with the same way as parking. Its your car you are liable for what happens to it during the time you own it. If the driver does not offer to pay you are liable then its up to you to persue them for the fine. The moral of the story is if you cannot trust your friends to pay the fines they get don't lend them your car.

[sailor sam]

So I take it the bus gate is all in order then in your opinion G & M?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice useful.

[green_and_mean]

So I take it the bus gate is all in order then in your opinion G & M?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my scales at the bottom of my profile window on the left if you found my advice useful.

 

Don't know, never been to Sheffield.

[Bernie_the_Bolt]

Gerry,

If the penalty is to be paid, it may be the cheapest option for you to pay it as yes the legal responsibility is yours and for you to come to an arrangement with the driver.

[sailor sam]

Can someone take a look at the link of the bus gate in post #7 to see what they think? Looks sus to me.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice useful.

[Bernie_the_Bolt]

Can someone take a look at the link of the bus gate in post #7 to see what they think? Looks sus to me.

 

 

Inclined to agree if that is what the signs were (or weren't) at the date of alleged contravention. OP still has to deal with it though.

[green_and_mean]

Looks ok to me you can turn right instead.

[sailor sam]

Looks ok to me you can turn right instead.

 

Yes but the sign isn't at the start of the road marked bus lane and is actually positoned AFTER the right 'escape' turn. And although there is a yellow backed sign advising of the times the bus gate is in operation, there isn't a sign depicting the bus gate ahead?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice useful.

[Gerry Attrick]

Thanks guys for all the input, looks like I have no option but to pay

 

Gerry

[green_and_mean]

Yes but the sign isn't at the start of the road marked bus lane and is actually positoned AFTER the right 'escape' turn. And although there is a yellow backed sign advising of the times the bus gate is in operation, there isn't a sign depicting the bus gate ahead?

 

 

It depends where he was the restriction is only after the signs the green road means nothing.

[Coupon]

Thanks guys for all the input, looks like I have no option but to pay

 

Gerry

 

 

 

What? How do you work that out?

 

The posters are saying the Bus gate isn't signed properly and you haven't yet posted a pic of the PCN or NtO at all. There are good possibilities of a successful appeal surely.