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Penalty Notice Charge - who should pay?

56 replies

Chipsandwitch · 17/02/2020 21:04

A penalty fine was received person A owns the vehicle person B was driving.

Person B was being guided through the city by C and D as B did not know the city, carrying goods for them to drop off.

The final demand letter is the only letter that has been received by A with a charge of 275.

The penalty would have been 65 if paid in the first 14 days.

Due to house move A did not update the address on the V5 hence the increase in fees.

Should A be held responsible for the majority of the fine?

What is the fairest way to split the fine?

OP posts:
Shinyletsbebadguys · 17/02/2020 21:07

I'm afraid I'm of the belief that the driver who chose to park where they did or drive where they did is always responsible.

I would say in this case A should perhaps go half as they were responsible for the increase but ultimately the driver should always take responsibility whether they knew the area or not.

C and D are not responsible. There are always signs and I say this as someone who actually got towed before Christmas, tiniest sign ever in the world but still my fault.

HotDogGuy · 17/02/2020 21:10

B should be responsible for the original fine. A should be responsible for the rest of it - you have to keep your details up to date

CollieDug · 17/02/2020 21:12

B pays 65 as that was their fault. A pays the remainder as it was their fault they didn’t update address.

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Fizzlestix · 17/02/2020 21:12

It should be split between everyone equally.

A is at fault for the increasing fine
However if a is driving carefully they had no need to rush sorting their address out (though legally should have done so)
If b had not acted illegally it wouldn’t have mattered if A had not updated their address

B is the one that is most responsible as the driver
However as it sounds like they had said they did not know the area and were relying on others
And also doing the others a favour
Then c and d should also help With the costs

Everyone is in the wrong
Everyone should pay

ItsGoingTibiaK · 17/02/2020 21:13

What’s the PCN actually for? Is it issued by a council?

glenhaggis · 17/02/2020 21:14

B should pay the original amount and A should pay the increased amount.

QuillBill · 17/02/2020 21:14

B should pay £65 and A the rest if it's not a family or shared car. In which case updating the change of address is something they should have both been thinking about.

It's nothing to do with C and D.

Chipsandwitch · 17/02/2020 21:14

Thanks everyone, it was for driving through a bus/cycle lane.

OP posts:
glenhaggis · 17/02/2020 21:15

Just an afterthought, was person A in the car at the time?

Chipsandwitch · 17/02/2020 21:17

Person A was not in the car no.

At the time the bus/cycle lane was temporary and had been for 4 months, obviously none on the vehicle realised it

OP posts:
Fizzlestix · 17/02/2020 21:19

Is is nothing to do with c and d legally

But if I was driving somewhere I didn’t know
To do someone else a favour
Whilst being guided by them
And I got a fine

I’d think a lot less of their friendship if they didn’t offer to contribute

Equally if someone was doing me a favour and driving me places and I was giving them directions
I would feel obliged to help pay the cost

If I were A and had let people use my car and they had got a fine I’d be disappointed in them if they weren’t contributing more

Tulipan · 17/02/2020 21:19

Fairest would be B pays original fine. A pays the rest. As a kind gesture, B then offers to split it 50:50.

Tulipan · 17/02/2020 21:22

C and D are in no way responsible. They might not even be drivers themselves. The driver has to take responsibility for their own decisions when driving. If they can't see a bus lane, perhaps they need a drivers refresher course? Or glasses.

QuillBill · 17/02/2020 21:22

I don't let peop,e guide me through unfamiliar cities and I won't follow someone else. for this reason. I always end up in a bus lane. 🙄 I follow the satnav or work it out myself.

Chipsandwitch · 17/02/2020 21:28

C and D are both drivers and lived un the city but did not have a vehicle at the time.. They were using google maps to give directions

OP posts:
KenAdams · 17/02/2020 21:32

What @HotDogGuy said.

Tulipan · 17/02/2020 21:32

The non driver is never responsible for the decisions taken by the driver. That part is really really easy to answer. You simply can't drive and then expect to pass the, literal, buck that way. You'll note that the dvla see it that way as well. They never ask you to identify 'the person on the passengers side holding the map' in the 'driving in the bus lane' photo, do they?

Drum2018 · 17/02/2020 21:36

B was driving so was the only one responsible for the offence. B should pay the original fine amount. A didn't update address details so is responsible for the balance. C and D have no responsibility. B should have been more aware of their surroundings. B should of course offer to pay some of the balance but ultimately A will be getting the fines, not B.

hereiamagain84 · 17/02/2020 21:37

I don’t think A should pay if they weren’t in the car at that time and weren’t driving. The person in the bus lane should pay. It’s unfortunate regarding the change of address and possibly a could ask for leniency taken the house move Into considerarion

ItsGoingTibiaK · 17/02/2020 21:41

Agree with others. B is fully responsible for the original fine. A is fully responsible for the increase do to not fulfilling their legal duty to change their address. C and D bear no responsibility.

lollybee1 · 17/02/2020 21:41

B should pay the £65, as they were driving. A should pay the rest as they failed to update DVLA.

lollybee1 · 17/02/2020 21:43

Which were you OP?

m00rfarm · 17/02/2020 21:43

You are all joking, yes? B was helping out and doing a favour by the sound of it, and received a fine for 65 for driving in a bus lane, (presumably neither C nor D knew it was a bus lane, despite being responsible for giving directions...) B was never given the option to pay as A forgot to change their address. And you think B be solely responsible for paying the whole fine? Wow. Just wow

user1493413286 · 17/02/2020 21:45

B should pay £65 and A should pay the extra cost as it was their fault the address hadn’t been updated

Tulipan · 17/02/2020 21:49

Yes, m00rfarm, that's exactly what pretty much noone has said

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