I run my own building company. I don’t want to give my name away so for the purposes of my question I will say my name is Mr Bloggs and my building company is called Bloggs Building Ltd.
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?
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
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Posted by . Last modified: November 2, 2020 at 11:44 am
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
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About Motorcycle Monthly
The MCM 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 insurance appointed solicitor, get proper independent advice.
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