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 Post subject: school contract fine?
PostPosted: Sun Sep 24, 2017 8:46 am 
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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?

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PostPosted: Sun Sep 24, 2017 10:29 am 
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grandad wrote:
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?


Was that child part of her Contract list of pupils to transport, If the child was supposed be there then that's ok, but if not then she was an unauthorised passenger and the driver could Expect some form of disciplinary action...

or are you asking if the Council has any right to fine a contractor in general.?


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PostPosted: Sun Sep 24, 2017 11:24 am 
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Is it a fine or a penalty charge? Only courts can issue fines.

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PostPosted: Sun Sep 24, 2017 2:41 pm 
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I am asking if the council can issue a fine for a breach of the contract. They did also give the operator some penalty points. I have not seen the paperwork so I am not sure if it says a fine or a penalty charge. I would like to know if they can impose a financial penalty for breach of the contract. They could remove the contract if they wanted to.

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PostPosted: Sun Sep 24, 2017 5:13 pm 
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grandad wrote:
I am asking if the council can issue a fine for a breach of the contract. They did also give the operator some penalty points. I have not seen the paperwork so I am not sure if it says a fine or a penalty charge. I would like to know if they can impose a financial penalty for breach of the contract. They could remove the contract if they wanted to.


once on a school run the car is the countys sole property, LCC wanted the money i could have had from a cash kiddy going to the same school as 2 others on a contract, only drivers/escorts are allowed in our school cars, as for fines, do you have a massive operators manual like we do? if it aint in it they cant do it

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PostPosted: Mon Sep 25, 2017 9:52 am 
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also, if they "sack you" (in our booklet) they can have a contractor cover your run till the statutory 4 week "hand back" is over and charge you whatever that contractor charges them...

so you wont get paid and will get a bill

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PostPosted: Mon Sep 25, 2017 3:24 pm 
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Ask them under what authority they have issued the 'fine.'


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PostPosted: Mon Sep 25, 2017 6:30 pm 
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cabbyman wrote:
Ask them under what authority they have issued the 'fine.'


thier cricket bat.... they make the rules

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PostPosted: Mon Sep 25, 2017 6:51 pm 
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wannabeeahack wrote:
also, if they "sack you" (in our booklet) they can have a contractor cover your run till the statutory 4 week "hand back" is over and charge you whatever that contractor charges them...

so you wont get paid and will get a bill



I am led to believe this is standard practice in all L/As. Home to School transport contracts.


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PostPosted: Mon Sep 25, 2017 7:03 pm 
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wannabeeahack wrote:
cabbyman wrote:
Ask them under what authority they have issued the 'fine.'


thier cricket bat.... they make the rules


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.


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PostPosted: Mon Sep 25, 2017 7:52 pm 
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cabbyman wrote:
wannabeeahack wrote:
cabbyman wrote:
Ask them under what authority they have issued the 'fine.'


thier cricket bat.... they make the rules


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.


If you refuse to abide by thier rules you will be off the framework, the "charges" are clearly defined in our operators manual

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PostPosted: Tue Sep 26, 2017 9:42 am 
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Union members would of course receive free advice and representation on this but naturally are too stupid to have it ho ho hoh ho ho :badgrin: :lol: :lol:

pay the fine or a fekking lawyer he he he he :D :D

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PostPosted: Tue Sep 26, 2017 12:59 pm 
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I have had clarification today. It was not a fine. The contract was cancelled due to none compliance and the £200 was for the council putting another operator on the job and it is the difference between the contract price and the new company price for the 2 weeks that would normally be required for a contract termination.
The driver had told the company owner that she could not do a school contract because she had to look after her son at that time and the owner told her that he had cleared it with county hall. Lying toerag.

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PostPosted: Wed Sep 27, 2017 1:03 pm 
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It was not a fine

just feels like one

what happens if i get rushed into hospital at 1am?

no compassion but want all your co-operation

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PostPosted: Thu Sep 28, 2017 10:57 am 
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wannabeeahack wrote:
It was not a fine

just feels like one

what happens if i get rushed into hospital at 1am?

no compassion but want all your co-operation


Yep you signed it the contract that mugs you off the normal fate of a MUG :badgrin: :badgrin:

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