Company Summonsed?

Question:

We are a limited company and were not able to identify a driver when a speeding offence was committed. Our company secretary has now received a summons on behalf of the company. We understand that if we plea guilty the company will be fined an no penalty points can be imposed as the vehicle is owned by the company.

Please therefore confirm what personal liability if any our company secretary will have if we plead guilty as we may have a defence of reasonable diligence.

Dominic says:

It’s slightly more complicated than that. The court can impose points against an individual if it feels that the failure to name the driver was down to the neglect of an individual within the company.

The company may have a defence if the company can show that it used reasonable diligence to name the driver – but there is an additional hurdle. The company also has to show that it was reasonable in the circumstances for the company not to have a record of who was driving.

Would you like to call in for a chat? If so call and I will be happy to help further.