Do not sign letters on behalf of a company

Discussion in 'Legal' started by gr9ce, Jun 4, 2014.

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  1. gr9ce

    gr9ce UKBF Newcomer Free Member

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    Following a recent appeal i have been prosecuted and found guilty under Section 331 of the Town & Country Planning Act 1990.

    331 states that when a body corporate has been found guilty of an offence then the directors or managers or probably joe bloggs can be proceeded against accordingly. Also anyone 'purporting' to be a director officer...blah can be prosecuted for consenting or conniving to the 'offence'.

    This is a planning law designed to make sure the top dogs in a company do not pollute or impact the community and walk away unscathed. It was not written for a shopkeeper.

    In this case a body corporate was not prosecuted. No summonses were raised against a company. No censure was inflicted against a company.

    A company was not found guilty for anyone else to then be pursued.

    Because i wrote and signed letters on behalf of the director of the company i was purporting to be a director. I am not even employed by the company i was helping out with correspondence.

    I have now been personally prosecuted as an individual and legal costs of what was an appeal, original court costs from a benevolent Local Council and council costs for the failed appeal amount to £'000's that i would rather not write down as depressing.

    The director was prosecuted as an individual not a company so can't even claim his costs as a business expense because the company was not prosecuted. It is a limited company with a sole director/shareholder.

    The alleged offence? a trading sign for the company. owned and erected by the company that was (deemed consent aside) 0.4 sqm too large and an 'A' board allegedly a foot in the wrong place. No enforcement contravened either.

    As this was a retrial from a Magistrates Court the Crown Court dealt with the case so anything further is High Court and basically impossible. The Court said the fact a company was not actually prosecuted was 'neither here nor there'.........yes really!

    Therefore new case law exists that anyone whether employed or not can be prosecuted for an offence by a company irrespective of whether the company is actually prosecuted if they sign any letters referring to a company in a we/our genre. A director can be prosecuted as an individual so limited company status goes out the window.

    How many of you write 'we apologise for our late delivery'...'our products are second to none'...'here is our quote'....if the typist signs she is purporting .....If your wife signs your letters she is purporting.

    You can have your personal finances raided yet the company gets off free. HRMC still get their cut of any profits.

    Do not place any advert or trading sign outside your business without checking with your local LPA.
    Sign nothing! :)
     
    Posted: Jun 4, 2014 By: gr9ce Member since: Jul 17, 2011
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