Speeding Fine

[malagabob]

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.

[waterboatman]

In short, yes, they can.
His best bet is to phone them and explain. Then follow it up with a letter, stating that he phoned included.

[Buenchico]

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.

[TonyV]

He should have advised DVLA as soon as he moved. He can offer to pay the fine.

[ummmm]

I didn't change my address on my license for about 15 years. I only changed it when I had to get a photo one. I still managed to hire cars without one.

[TonyV]

Your national insurance number is imbedded in your driving licence so not difficult to trace.

[TonyV]

ummmm if your driving licence was current then you would have not have had a problem.

[Arrods]

Is that correct TonyV? I believe DOB is embedded.

[TonyV]

You are right Arrods my mistake.

[Arrods]

Perhaps it should be TonyV!

[TonyV]

Arrods would take to much money to do that.

[TonyV]

But with DOB and address not difficult to ID someone.

[THECORBYLOON]

TONY, the format of the driving licence number contains various information but it does not include the NI number.

[TonyV]

No need to shout Corby, I have already apologised.

[malagabob]

Thanks to all, but unless I have missed it How does the court know who his employer is.

[Buenchico]

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.

[Peter Pedant]

// 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

[Peter Pedant]

the only reason why you are surprised that the PNC handshakes with the HMRC computer
is that for a long time they were incompatible

the only surprise is that it took them 40 y to do it.

[THECORBYLOON]

It's called an Attachment of Earnings outwith Scotland and an Earnings Arrestment in Scotland.

[New Judge]

//How did the court find out who his employer is.//

Let's start from the beginning. How did they know he was driving?

This is possibly not as straightforward as some seem to believe.

[THECORBYLOON]

If the son is the registered keeper, would the notice not be sent to his address to ask who was driving it?