Fined for going through weight limit on my delivery route

Hi I used this forum before I passed class C last year and it was brilliant in answering all my questions. I have been driving an 18 tonne Daf for about 18 months now and the job is always throwing up new challenges and I still come here to read all your advice. I have not posted for ages because I usually find someone else has usually said what I was going to say but I have to ask other drivers advice. Let me set the scene…
I get my payslip last week November 12th , it says minus £60, no explanation just minus £60 , So I ask why I been deducted , The girl in the office says I was given a £60 fine for entering a weight restricted area in Lambeth . I asked the details and after much umming and ering I was given the date and the time and the street. 2nd October 9 .02 am … North street Lambeth . I wasn’t allowed the paper work just shown it. I was annoyed and said why should I pay , I was told it was my fault and I had to pay I shouldn’t of used that road… I keep a diary of all my runs and went back to that day . I had a delivery on North street a plt of bricks off the taillift 9 am . I remember the drop right next to virgin active gym . I Google earth it and there it next building site…Went in next day still fuming with my evidence , oh yeah they said it was a delivery on that road, how am I suppose ti avoid the area then I said. you meant to ring us and we would say to bring the load back they said. It turnd out that they had received three of these fines all timed that morning because I went down the road and had to turn round to get backed into the site then past again to let some cars out … they were appealing the others … just paid one and wanted to charge me for it… I guess the question is where do you think I stand. I didn’t see any weight limit signs at all I cant remember seeing them anyway if I am honest I didn’t see any cams either but I think it might be an area where mobiles enforcement is . I will tell you the actual outcome after a few comments if that is all right . I have decided to dig in and gone nuclear any advice and opinion is greatly apreciated.

Stick to your guns mate, If it was an ‘except for loading’ weight limit, I don’t think they can touch you. Just lazyness, on your employers part in my opinion.

Forgetting the rights or wrongs of your actions, have you actually signed anything to say that any fines can be deducted from your wages.

I would suspect not…In which case by automatically deducting it from your wages is illegal. They can only legelly deduct Tax and NI.

Get yourself down to CAB pronto mate

what was the weight limit and was it before 7 am that you arrived there

have you agreed in writing that they can deduct mone=ies from your wages with out asking if not then there in deep dodo

have a look it if the weight limit was expcept for loading. or was it london lorry ban weight limit or normall 7.5 tonnes weight limit

I’m surprised at this because companies I have worked for have always paid parking and restriction fines but not speeding or similar ones.

Might be worth checking your contract or if not got one, what the company has always done in the past would be regarded as company policy on this issue.

Semtex:
Get yourself down to CAB pronto mate

And the job centre!! Swollow it mate and get on…welcome to the joys of transport and all the [zb] that comes with it.

blueroom1,firstly I dont think employers can deduct from your wages anything without your permission and they do seem a bit “shifty” about supplying any info to you,I’m sure there are lots of well inform on here will give you further help. I certainly would’nt leave it at that.regards derek

Stick to it mate.

You had to go down there to get to your delivery. IF for whatever reason they refuse to pay it back ring them at EVERY restriction sign you go near (obviously when going down there to deliver) they will soon get the message.

Alex

As said by Semtex they have to have your permission to make deductions from your pay…If they want their money back tell them to get in touch with the customer for the money

in this case. if you have a delivery on a road like this one that you can’t drive down. what is the correct thing to do. just out of interest?

Might have something to do with this lambeth.gov.uk/News/NewsArch … rivers.htm but surely it must be exept for loading or the bin wagons ect wouldnt be able to collect refuse .

Tell your employer you want the money back. Im assuming you have not signed a contract declaring that monies can be deducted from your wages. If you hav’nt then they are breaking the law. All they can deduct is income tax and N.I contributions. If a ticket came in with a fine this should have been passed onto the driver of the vehicle for him yo deal with

Well I would demand the deduction be refunded to you. They should have passed the all the paper work to do with the fine straight to you, if they were’nt going to pay for it themselves. Or sent it back to where it came from with your name and address, so that you were then contacted directly by whom ever was laying the fine. In both senario’s you would then have the option to argue it, and perhaps give evidence in your favour, such as you tried to to your boss. By paying it the compoany have admitted liability on your behalf, thats a big NO NO in my book. stand your ground, if you signed a contract thats states the company will make deduction for fines, then I would think that could not be enforced, at least if they’re not going to give the opurtunity to argue your case first.

. I have not posted for ages because I usually find someone else has usually said what I was going to say

I 've never let that bother me :wink:

I agree with what others have said. You should certainley ask for your money back, what if you wanted to appeal it? They’ve just removed your right to appeal it by paying it and passing it on to you. You should of been spoken to about it the day the ticket come.

Agreeing with some previousley posted responses.

  1. boss cannot take money from your wages except in certain circumstances.
    this is not one. The fine must have been issued to him not you. If it was issued to you then he should not have paid it as you have the right to challenge it.
    If he paid it without allowing you to challenge it…?

  2. it is possible that you fell foul of the London Lorry ban , which does not have signs on each individual street etc.
    This fine is absolutley delivered to the driver not the company (although they contact the compnay for the drivers address) I know , I have had one.
    But the people there are fairly human and do listen to your explanation.

But, sadly, at this time with jobs as tight as they are, no matter how angry you are, or how justifiably angry you are, can you afford to have a major row with boss? over £60?

maybe a quiet discussion, explaining that you were obeying his instructions, as per delivery note issued by his staff.
If it was the Lorry ban area you contravened then his office staff should have been aware of the restrictions in this area and not routed you there.

If , however it was a single street weight limit you ignored (or failed to see) then I guess it is your problem.

Koop:
And the job centre!! Swollow it mate and get on…welcome to the joys of transport and all the [zb] that comes with it.

Just the kind of advice the chap needs. NOT !

Why should he Swollow it' ? They (his employers) have took his hard earned cash without informing him of the fine,dont let them away with it you need
every penny ya earn without them dipping into it

Not much I can say that hasn’t already been said, if you’ve agreed to have fines stopped out of your wages you should at least have been given the opportunity to dispute the fine, if you haven’t agreed to have fines deducted from you wages then they have no right to do so.

If you’re in a union get them involved (if you haven’t already), otherwise try CAB, your employer is in the wrong in this case.

Koop:

Semtex:
Get yourself down to CAB pronto mate

And the job centre!! Swollow it mate and get on…welcome to the joys of transport and all the [zb] that comes with it.

Ok its only £60 but that is anywhere between 1/2 and 3/4 of a days wage.
How would you feel if you turned up on monday to be told "you’re doing 5 days this week but we are only paying you 4 1/4?

regardles of the rights and wrongs of the weight limit…the company have broken the LAW regarding the deduction.

Have a look here mate. This should tell you if they can do what they are doing.

berr.gov.uk/whatwedo/employm … sfromwages

del949:
. The fine must have been issued to him not you. If it was issued to you then he should not have paid it as you have the right to challenge it.

Of course, I was forgetting - fines against the vehicle are issued to the vehicle owner and they are responsible for paying it - fines against the driver are issued to the driver and the driver is then responsible for it.

It would take a specific agreement for the vehicle owner to make the driver pay for such a fine