Traffic fine by employee using company vehicle

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  • SSS100
    Silver Member

    • Oct 2011
    • 212

    #1

    Traffic fine by employee using company vehicle

    Hi All,
    I need a legal opinion on the following:

    A driver was given a parking ticket of R500 for illegal parking in september 2011 and he never paid it of declared to company (so company never knew about fine)
    Now on 18 January 2013 I get a court order dated 11 Sept 2012 (posted on 14 Jan 2013 per envelope) advising the company representative to appear in court on 06 Feb 2013 with regard to the traffic fine

    I need to understand why is the company summond to appear in court instead of the driver that commited the crime? The driver parked the vehicle illegal, and not the company. The company did not endorse such parking
    And why did it take so long to bring the matter up? Now the driver is no longer with the company, we can not even deduct such monye from pay as would be the case if still employed

    what can I do about this matter?
  • AndyD
    Diamond Member

    • Jan 2010
    • 4946

    #2
    If the vehicle is registered in the name of the company then the follow-up notices would (read should or might have been) have been sent to you. It's then your responsibility to either pay and recoup the amount from the employee or fill out the back of the notice with the details of the guilty driver, at which point they'll chase him directly for the fine and summons him to court if necessary.

    At this stage in the game I'd be tempted to contact the clerk or the court directly (you could also try contacting the prosecutor but they're a lot more slippery) and explain the circumstances.
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    • SSS100
      Silver Member

      • Oct 2011
      • 212

      #3
      Thanks, the employee was fired in October last year (2012) for groos neglegency and insubordination, even then we as a company still never knew he got the fine and he never mentioned until today

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