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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice.
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3 months after the offence of being 16% overloading in a

Customer Question

3 months after the offence of being 16% overloading in a van , Trading standards have written to me as the van owner (Not the driver) for details as a business but while I do have a business it's not related to haulage etc and the van is personally owned and not a business asset. They are also requesting my National insurance number which surely is data protected? They said I must reply in 14 is this a legal requirement? I did ask the driver to work with me on a job but it was unrelated to my normal job. Please where do I stand with this as I expected them to pursue the driver rather than myself?
Submitted: 5 months ago.
Category: Traffic Law
Expert:  Jo C. replied 5 months ago.

Do you dispute the overloading?

Customer: replied 5 months ago.
Customer: replied 5 months ago.
I was unaware of the overload but trading standards supplied details of the weighing
Expert:  Jo C. replied 5 months ago.

You national insurance number would be data protected but that doesn't mean they cannot demand it and hold it.

I think they are probably saying you are the employer and so would be liable.

However if this is 16% over the limit then you are within the fixed penalty region.

They would normally also prosecute the driver but they do not have to.

Can I clarify anything for you?