I bought a Yamaha MT09 through my business. In May I got a Notice of Intended Prosecution for speeding. It was addressed to my company. I replied saying I was the rider, but then I got another Notice.
I thought they had cocked up as I had already replied so I ignored it. However, I have now got a Court summons as they reckon I personally failed to give information.
I am going to defend it. My argument will be that I did personally reply as I own the company. Do you think I will win?
Answer
You have my genuine sympathies because I can understand why you have got confused. However, I am about to give you bad news. Whilst you are called ‘Mr Bloggs’ and your company is called ‘Bloggs Building Ltd’ legally, they are two different things.
As the original allegation of speeding related to your company motorbike, the registered keeper (your company) was obliged to identify who may have been riding at the time of the alleged offence.
You advised your company effectively did that and identified you. Thereafter, you would have received a Notice in your personal name. This appears to be where you have gone wrong because you personally did not comply with the law under s.172 of the Road Traffic Act 1988.
At this point, you should have written back and identified yourself personally, but didn’t. As such, you have been summonsed for failing to provide information.
Legally, that is correct. Therefore, with regret, I have to advise you plead guilty. You will get six penalty points and a fine.
Andrew ‘Chef’ Prendergast
Motorcycle Monthly January 2020
