Successful Means-Based Objection Halves Civil Penalties for Company and Driver

The Company’s total civil penalty liability was halved (reduced by 50%). Upon an initial review of the case, there was no indication of compliance with regulations. Despite this, a Notice of Objection was filed on the basis that this objection was not to contest the finding of liability, but to challenge the financial level of the penalties based on the parties’ ability to pay. This procedural step initiated a formal means assessment to evaluate the financial circumstances of both the Company and the Driver. This case serves as a crucial example of the importance of utilising all available procedural routes when facing civil penalties. While the client had no arguable case, the strategic use of the Notice of Objection on a means basis proved crucial for the overall liability.