Something Interesting

by **LionsShare** Mon Jan 31, 2022 4:09 pm

Something Interesting if I have it right, (doubt it) in green below?
https://www.gov.uk/guidance/technical-guidance-for-official-receivers/43-creditors-and-liabilities

43.42 Penalties for contraventions of road traffic licensing rules

The Driver and Vehicle Licensing Agency have the power to issue penalties where a person does not correctly declare an uninsured or un-taxed vehicle as off the public road, by completing a statutory of road notice (SORN). Such a penalty would be a provable debt.

Where the person has been fined by the court for a related offence
1, the debt would not be provable, and would not be released on discharge.

43.43 Fixed penalties for road traffic offences

Certain road traffic offences may be dealt with by way of a fixed penalty
1. Payment of the fixed penalty removes any liability to conviction for the offence to which the penalty relates
2. Such a penalty would not be considered a fine but is also unlikely to be considered a debt as, if not paid, it simply means that the liability to conviction would remain.

Where the person has been fined by the court for a motoring offence, the debt would not be provable, and would not be released on discharge.

In red THEY make up what THEY want, in purple, if true, because a 'debt' is not paid its NOT proven to exist in the 1st place & because its not proven to exist then if discharged (paid) it (the initial charge) cannot be released either? Surely if a 'fine' is 'paid' that should balance (scrap - charge/discharge) the liability for a conviction? If paid the charge still remains (not released) so liability would remain & therefore a conviction too? Is this total BS? What do you think?

by flyingfish Wed Feb 02, 2022 9:06 am

These need to be read in context, which is insolvency proceedings such as bankruptcy. In context a "provable debt" is one that can be included in the bankruptcy, if the creditor provides proof of its existence. And "released on discharge" means the debt disappears once their bankruptcy ends, whether or not the IP had managed to pay the debt.

I don't know if there would be any mileage in trying to apply these meanings in any other context.

Something Interesting

Something Interesting

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