PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Taxi School run contract, Driver 'fined.'
post Mon, 25 Sep 2017 - 19:08
Post #1


Group: Members
Posts: 5,812
Joined: 15 Dec 2007
From: South of John O'Groats, north of Cape Town.
Member No.: 16,066

The text of the question on another forum:

A driver (not one of mine) has been fined £200 by the county council because she had her own child in the car whilst doing a school contract. Can the county council issue such a fine?

A response:

Ask them under what authority they have issued the 'fine.'

Another reply:

thier cricket bat.... they make the rules

And finally:

It's not a 'fine' in that case. It's a contractual charge and, as such, probably unenforceable. In accordance with the decision in New Garages v Dunlop (1915), a contract cannot include a penalty clause.

Now, my question: Does Beavis have wider implications that may affect the above?

Cabbyman 10 PPCs 0
Go to the top of the page
+Quote Post
Start new topic
Replies (1 - 1)
post Mon, 25 Sep 2017 - 19:08
Post #

Advertise here!

Go to the top of the page
Quote Post
post Mon, 25 Sep 2017 - 23:03
Post #2


Group: Members
Posts: 19,372
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559

My first question would be what does the contract say?
It may be described as a fine or a penalty by the driver but may well be an agreed deduction or payment for a contractual failure.
Devil will be in the detail.

This post has been edited by DancingDad: Mon, 25 Sep 2017 - 23:03
Go to the top of the page
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:



Advertise here!

RSS Lo-Fi Version Time is now: Monday, 24th September 2018 - 04:48
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.