Archie
Organiser: Scotland Premium Member
Registered: 18th Dec 07
Location: South Ayrshire
User status: Offline
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As above, how? And is it worth bothering?
It had been raining on and off all day, took the XE out tonight, coming
away from traffic lights and it spun a little, boys in blue decided to give me an asbo.
Despite explaining that it was wet, i have shit tyres, and a big engined
matchbox.
Raging, had the car out twice since completion lucky if i've done 100 miles, scared to use it again in fear of having it impounded.
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Gareth
Member
Registered: 2nd Mar 00
Location: Derby, Drives: EVO VIII MR & pug 308
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Madness, carnt believe they can hit you with an asbo for that. I remember a mate getting a section 59 for donuting his cossie down notts in morrisons car park.
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Raymond_11
Member
Registered: 14th Apr 09
Location: Greenock, Inverclyde
User status: Offline
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appeal it mate it can happen to anyone. they wont impound your car if your fully legal
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Archie
Organiser: Scotland Premium Member
Registered: 18th Dec 07
Location: South Ayrshire
User status: Offline
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Accorsing to the nice man who gave me it any form of driving violation in the next year and they will seize my vehicle, which will cost me £150 to get back.
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MarkSport
Member
Registered: 22nd May 09
User status: Offline
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Is it only a section 69? or 59 maybe? just ignore it and stay away from mcdonalds for abit
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Ben D
Member
Registered: 25th Apr 05
Location: South West
User status: Offline
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quote: Originally posted by MarkSport
Is it only a section 69? or 59 maybe? just ignore it and stay away from mcdonalds for abit
It's section 59 mate.... section 69 of the police reforms act relates to sex offences in Scotland & NI...
It sounds like you were a victim of conditions however in the eyes of the law your required to adjust your driving to suit the conditions and the excuse that your tyres are "shit" as you put it is no excuse as either your tyres are of legal requirement which means they are sufficient to drive safely on and if they are not then that is an offence in itself where the car shouldn't be on the road anyway, so unfortunately i don't see and appeal being successful for you!
However i got a sec 59 a couple of years ago now, and got pulled numerous times over the 12 months that followed and it was never flagged up against me! so i wouldn't worry too much
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dannymccann
Member
Registered: 9th Aug 06
Location: Doddington, Lincolnshire
User status: Offline
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As said, if you knew the rossers were about dont wheelspin off the line at the lights, not really rocket science
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DaveyLC
Member
Registered: 8th Oct 08
Location: Berkshire
User status: Offline
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Section 59 warning I assume? Dont do it again or you'll lose your car!
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Toby
Premium Member
Registered: 29th Nov 05
User status: Offline
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I got a.section 59 for riding my motobike around a field about 4 years ago
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taylorboosh
Member
Registered: 3rd Apr 07
User status: Offline
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i had one years ago, theyre stupid, basicly what they do you with if theyre bored
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Warren G
Member
Registered: 14th May 06
Location: Kent
User status: Offline
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you shouldnt sign the paper work!
OR get a cheap private plate as it will now be marked - the asbo is on the plate not the car!
only lasts a year, had one on my corsa
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bubble
Member
Registered: 24th Jan 04
Location: Darwin, NT Australia.
User status: Offline
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s59s are on driver and vehicle
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Warren G
Member
Registered: 14th May 06
Location: Kent
User status: Offline
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they only took down the reg - thats what flags up on there system
though i guess if you get a new reg it might get transfered over
BUT if you have a new car its not gonna flag up surely,
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DaveyLC
Member
Registered: 8th Oct 08
Location: Berkshire
User status: Offline
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quote: Originally posted by bubble
s59s are on driver and vehicle
AFAIK its only on the vehicle.. My mate works for rentokil and he had his van seized because another bloke that worked there got a S59 before
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Whittie
Member
Registered: 11th Aug 06
Location: North Wales Drives: BMW, Corsa & Fiat
User status: Offline
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quote: Originally posted by Toby
I got a.section 59 for riding my motobike around a field about 4 years ago
I got one for throwing an egg at a pedestrians head when I was 17
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John
Member
Registered: 30th Jun 03
User status: Offline
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I doubt they gave you an ASBO for 'spinning a little'.
Rain and tyres are no excuse either, how muc torque does an XE have?
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am4nf
Member
Registered: 27th Jul 08
Location: South Ayrshire Drives: Corsa Sport
User status: Offline
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You all have to take into consideration that archie cany handle power
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bubble
Member
Registered: 24th Jan 04
Location: Darwin, NT Australia.
User status: Offline
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quote: Originally posted by DaveyLC
quote: Originally posted by bubble
s59s are on driver and vehicle
AFAIK its only on the vehicle.. My mate works for rentokil and he had his van seized because another bloke that worked there got a S59 before
also on driver.
otherwise, they could jump in another car and act a tit again.
Section 59 of the Police Reform Act 2002 is a common tool now used by Police Constables & Police Community Support Officers to seize 'vehicles used in manner causing alarm, distress or annoyance'.
The legislation states 'Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner of
careless/inconsiderate driving or prohibition of off-road driving
and
is causing, or is likely to cause, alarm, distress or annoyance to members of the public the vehicle AND driver/rider can be issued an official warning or seized if this is impractical.
An example of being impractical would be the offenders leaving the vehicle/making off, or the vehicle being unregistered/uninsured and therefore a warning unable to be placed.
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Archie
Organiser: Scotland Premium Member
Registered: 18th Dec 07
Location: South Ayrshire
User status: Offline
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Its section 127, i was nowhere near mcdonalds, i had no idea they were there, they were in a queue of traffic going the opposite direction (dual carraigeway so there was a lane of cars between them and i) it was the silliest most pathetic spin, i lost grip for a milliesecond and changed straight into second.
I know fine well what it means etc, the point of my topic was can i appeal it.
And Adam, STFU, you forget this is my second XE., fanny.
[Edited on 13-08-2010 by Archie]
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Archie
Organiser: Scotland Premium Member
Registered: 18th Dec 07
Location: South Ayrshire
User status: Offline
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quote: Originally posted by Warren G
OR get a cheap private plate as it will now be marked - the asbo is on the plate not the car!
I already have one, thinking about taking it off now.
So basically theres no point fighting it, and i should keep £150 aside incase they are bored another night?
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Ben D
Member
Registered: 25th Apr 05
Location: South West
User status: Offline
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quote: Originally posted by Archie
quote: Originally posted by Warren G
OR get a cheap private plate as it will now be marked - the asbo is on the plate not the car!
I already have one, thinking about taking it off now.
So basically theres no point fighting it, and i should keep £150 aside incase they are bored another night?
WRONG
The Warning is given against the driver and the car, it would have to be a very naive piece of legislation to simply let the warning go against somebody's VRN, It is set out that a police officer must give a warning to the Driver and if the behaviour persists or is repeated at a later date within the time the warning is valid it is only then where he has the power to seize the vehicle.
EDIT - thought i would provide an actual Quote of the relevent subsection of section 59:
quote: (b)the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person;
(d)the constable has reasonable grounds for believing that the person whose use of that motor vehicle on that occasion would justify the seizure is a person to whom a warning under that subsection has been given (whether or not by that constable or in respect the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.
[Edited on 13-08-2010 by Ben D]
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VrsTurbo
Premium Member
Registered: 8th Jun 10
User status: Offline
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i got threatened by a section 59 by a pcso, the reason. My car dump valve went off. He was such a nonce!
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Andrew
Member
Registered: 5th May 04
Location: Skoda Octavia Estate, Ford Puma
User status: Offline
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quote: Originally posted by Whittie
quote: Originally posted by Toby
I got a.section 59 for riding my motobike around a field about 4 years ago
I got one for throwing an egg at a pedestrians head when I was 17
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P1CK4D
Member
Registered: 19th Jun 06
Location: Around Essex Somewhere
User status: Offline
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You couldn't pull away without the wheels spinning? Don't be stupid.
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Ryan_G1
Member
Registered: 29th Aug 05
Location: East Ayrshire
User status: Offline
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I understand where your coming from Archie. They are giving asbos out here like sweeties. I got one a few weeks ago for supposibly going round a roundabout too fast The police are fucking arseholes!
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