Company Speeding Ticket

Company Speeding Ticket

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?

Answer

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

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Posted by Andrew Prendergast. 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.
Disclaimer: 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.
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Rob Forrester
Rob Forrester
25 days ago

In his situation where he is the Director and his wife company secretary, then he should have completed the form. Surely, if it’s that you are working for a company, and someone hands you a NIP, “because you was driving”, then you should tell them that they should complete it naming you as the suspected driver/rider. As the driver/rider you have no legal obligation to reply on the initial NIP, as it wasn’t addressed to you?

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