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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3756
Experience:  Solicitors 2 years plus PQE
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I was a director of a company that got fined 12k in a magistrates

Customer Question

i was a director of a company that got fined 12k in a magistrates for not having the right licence to remove material the company no longer trades am i still liable for the debt
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Were you personally named in the criminal proceedings?
Kind regards
AJ
Customer: replied 2 years ago.

no it was the court vs the company i was present at the hearing as a director

Customer: replied 2 years ago.

not sure if you are receiving these messages

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
If the fine is only in the name of the company, then this does not fall under the category of a fine for which a director will be personally liable.
If you have carried on trading the company knowing it was insolvent or taken company assets to avoid creditors then you may be personal liable, but without this you wont be liable for this fine.
Is someone asking you to pay this fine?
Kind regards
AJ
Customer: replied 2 years ago.

yes there is a notice of enforcement letter i have told them that we are no longer trading but they said i am liable even the letter is addressed to c/o the company name

Expert:  Alex J. replied 2 years ago.

Hi, Thank you. Can you post a copy of the letter into this link? Who sent the enforcement letter? Is the magistrate court telling you that you are liable? Also who was actually at fault for not obtaining the license? Has this been acknowledge anywhere? Also can you tell me under what piece of legislation the company was fined? Kind regards AJ

Customer: replied 2 years ago.

Customer: replied 2 years ago.

it was working at heights and asbestos removal basically we stripped a roof off we was told it was ok to strip by the farmer so never obtained the correct licence

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I am looking at the relevant legislation but on the face I cannot see how you are liable.
Were you the only director and when did you resign?
Kind regards
AJ
Customer: replied 2 years ago.

I am the only director, i am still named as a director but the vat are winding the company up as there are debts to them

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Is the liquidator saying that you have to pay this debt?
Kind regards
AJ
Customer: replied 2 years ago.

it hasnt gone that far ,

we have stopped trading and just waiting for vat to wind us up

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I am going to have to do some research into this.
I will aim to respond to you in 24hrs.
As I explained on the face of it you should not be liable, but some legislation will impose liability on the directors where the company has committed an offence.
I will revert to you as soon as possible.
Kind regards
AJ
Expert:  Alex J. replied 2 years ago.
Hi
My apologies for the delay.
There is a lot of legislation for me to read into and interpret.
I will post my response by 10am tomorrow - I am working on it tonight.
Kind regards
AJ
Expert:  Alex J. replied 2 years ago.
Hi
Thank you for your patience.
I have looked into what I believe is the relevant legislation.
Neither the Asbestos or Working at height regulations assume that the direct commits an offence as well as the company. On the face of this fine should just be paid from company assets.
What I cannot work out is why they are alleging you should pay it personally? Are you named in the Judgment or the charge that has been levied against you?
Kind regards
AJ