I have a Ninja 650 that is in my company name (I am a director). My company received a Notice of Intended Prosecution for the rider (which was me) allegedly doing 79mph in a 70mph limit.
My wife is our company secretary. However, as it was me riding, she gave me the Notice to deal with. I read online I should ignore it, so I did. However, my wife has now been summoned to Court for failing to give information personally as the ‘company secretary’. She has done her nut and I am in the doghouse.
I have told her she has done nothing wrong, not to worry about it and to ignore it (that is what loads of people said online). However, she is having none of it and reckons she will have to go to Court. Who’s right?
Short answer. Your wife is right. Get ready to eat some humble pie I’m afraid. Whatever you have read online is wrong.
If a person or a company ignores a Notice they can expect a summons for failing to give information. As the motorbike was owned by the ‘company’, the Court can summon your wife as the applicable ‘company secretary’. However, she will be at Court as the ‘company’, i.e., a separate legal entity from herself.
The knock on of this is the ‘company’ should be punished, not her personally. My advice is your wife is correct and she will have to go to Court to sort out the mess caused by you ignoring the Notice.
Andrew ‘Chef’ Prendergast
More Bikes March 2020
Posted by . Last modified: January 8, 2021 at 12:36 pm
Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.
: The legal advice and statements contained within this/these articles is correct at the time of printing. If you are seeking legal advice after a motorbike accident please contact us
to speak directly with one of our lawyers.
About More Bikes
The MB legal column is compiled by managing partner Andrew 'Chef' Prendergast and his bike-riding barristers and solicitors at White Dalton Motorcycle Solicitors.
The firm deals with personal injury claims and its sister company, Motor Defence Solicitors, deals with all the motoring offences.
White Dalton lawyers have a vast knowledge of bike law, and they have full bike licences, too. They don’t act for insurance companies or the prosecution. White Dalton is Britain’s premier specialist motorcycle law practice, and if its professionals don’t know the answer to your question, there probably isn’t one. Don’t rely on the advice from your insuranceappointed solicitor, get proper independent advice.
Visit the More Bikes website