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Taxi School run contract, Driver 'fined.'
cabbyman
post Mon, 25 Sep 2017 - 19:08
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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?


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Cabbyman 10 PPCs 0
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post Mon, 25 Sep 2017 - 19:08
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DancingDad
post Mon, 25 Sep 2017 - 23:03
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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
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