Can road traffic fines go into a bankruptcy order?

[red.ninja13]

Hey, have a court hearing next month for driving an overloaded vehicle, as the vehicle was severely overloaded, I am thinking this fine could go into the thousands (50% overloaded saw someone get fined £800 for being 15% overloaded!!)

 

There is no way realistically he will be able to pay a fine that large, and he is saving up to apply for bankruptcy due to massive debts.

 

If this fine does tip the scales, can it be added to the bankruptcy order?

 

If the fine is a few hundred pound I'd tell him to bite the bullet and pay, but 1-2000 or more is not the kinda money the average person has available for fines.

[alfwithhair]

Court Fines And Bankruptcy

Courts often impose fines on individuals convicted of criminal offences including theft, driving or motoring related offending, public order offences and minor violent offences. These fines are deemed to be a punishment and cannot be written off by bankruptcy.

[red.ninja13]

Balls. How the hell do they expect a normal person to find 2grand!

[sequenci]

Balls. How the hell do they expect a normal person to find 2grand!

 

You should be able to pay it in instalments. Also the fine should be based upon your means.

[red.ninja13]

I heard that, but I am worried that his overloading was 3x the guy who got £800, you cant even contest the charge. it sucks

[sequenci]

Well certainly ensure you attend the hearing, be polite, explain your circumstances and be remorseful.

[red.ninja13]

Thats what I told him to do, but I don't think the fines are excessive for the offence, drink driving etc are way worse, nobody has been hurt by his van

[Bang!]

Overloading always gets hit with large fines, If you are unemployed when you go to court its likely to be a very low payment - but over a very long time.

 

If the worst comes to the worst - although you cannot write off fines with bankruptcy - there is nothing to prevent you increasing your indebtedness (if you have unused borrowing capacity), using that to pay the fine - and then going bankrupt.

[sequenci]

If the worst comes to the worst - although you cannot write off fines with bankruptcy - there is nothing to prevent you increasing your indebtedness (if you have unused borrowing capacity), using that to pay the fine - and then going bankrupt.

 

Apart from the potential of being stung with a Bankruptcy Restriction Undertaking/Order of course.

[green_and_mean]

Balls. How the hell do they expect a normal person to find 2grand!

 

Sell the van?

[Bang!]

If it was within the capacity of an existing credit card I suspect it would be seen as unlikely to happen.

 

Has anyone got statistics for these being issued?

[sequenci]

http://www.insolvencydirect.bis.gov.uk/databases/ddirector/brobrusearch.htm

[Bang!]

I took a quick look - for borrowing with no chance of repaying seems to attract a 3.5 year term.

 

There were a few that attracted a 3 year term but for the ones I found the details were extremely vague compared to all other descriptions. Most 3 year decisions were for failing to keep tax records.

 

I then looked through roughly 100 3 but mainly 3.5 year bankruptcies, and virtually all related to running up debt with no prospect of paying, covered buying non essential or luxury good and normally at a cost of at least £10 000 to creditors.

 

So from the figures I still think its unlikely a adding a fine to a card especially by using the card to buy things you would normally pay with cash etc would risk increasing the duration.

 

His fine is likely to be under £2000 - much less if unemployed at the time.

 

Although as a ?self employed? van driver, it might get him 3 years if he overlooked paying tax too.