MikeyMaser
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Warning - don't press your Sport button in Nottingham city centre!
- Thread starter MikeyMaser
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sofasurfer
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Wow..what's the next step once you provide who was driving? Is it points and a fine?
Driving in an anti-social manner seems to encompass a whole raft of 'offences' though, including speeding, using a mobile phone, tail-gating etc. It also seems as if somebody was offended by your driving and reported you to the police. What were you up to?
Driving in an anti-social manner seems to encompass a whole raft of 'offences' though, including speeding, using a mobile phone, tail-gating etc. It also seems as if somebody was offended by your driving and reported you to the police. What were you up to?
MikeyMaser
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I was driving through the city centre on the way home from work and stumbled across a random guy in a Lamborghini. We made a bit of noise (V8 + V10 + city centre = LOUD!) but broke no other traffic laws (i.e. no speeding, stopped at traffic lights, zebra crossings, etc). I guess someone took umbrage at all the fun we were having!
Took legal advise and they reckon it'll be a Section 59 warning.
Took legal advise and they reckon it'll be a Section 59 warning.
sofasurfer
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I hope that's all you get..seems like someone being a killjoy.
Doesn't a section 59 have to be given verbally by a police officer first though?
Andy
Contigo
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Wow Mind.Totally.Blown, where's the proof? Surely you have to contest that? What is Anti Social Behaviour? Tell them it is a loud car anyway? This country is getting more and more stupid as the years roll on.
I was under the impression that if they want to prosecute then they need to fine you on the spot not issue a notice a week later through the post based on circumstantial evidence.
I was under the impression that if they want to prosecute then they need to fine you on the spot not issue a notice a week later through the post based on circumstantial evidence.
Contigo
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s59 Police Reform Act 2002 provides:
59 Vehicles used in manner causing alarm, distress or annoyance
(1)Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which—
(a)contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52)(careless and inconsiderate driving and prohibition of off-road driving), and
(b)is causing, or is likely to cause, alarm, distress or annoyance to members of the public,
he shall have the powers set out in subsection (3).
59 Vehicles used in manner causing alarm, distress or annoyance
(1)Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which—
(a)contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52)(careless and inconsiderate driving and prohibition of off-road driving), and
(b)is causing, or is likely to cause, alarm, distress or annoyance to members of the public,
he shall have the powers set out in subsection (3).
highlander
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That is just.....bizarre!
zagatoes30
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Sshhh, we best whisper from now on in case we offend somebody
Contigo
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From some other forums.
http://passionford.com/forum/genera...-had-a-section-59-letter-from-the-police.html
Isn't it funny how one policeman who is having a bad day can simply ruin it for others too?
Police need to understand these cars are loud and so they should be!
https://au.news.yahoo.com/a/3261803...ise-charge-still-faces-1500-legal-bill/#page1
http://passionford.com/forum/genera...-had-a-section-59-letter-from-the-police.html
Isn't it funny how one policeman who is having a bad day can simply ruin it for others too?
Police need to understand these cars are loud and so they should be!
https://au.news.yahoo.com/a/3261803...ise-charge-still-faces-1500-legal-bill/#page1
Needamaser
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First question in my mind was this behaviour witnessed by a police officer or a member of the public?
The letter, in my mind, reads as if they have had a report from a member of the public.
In that case contest it.
Even if it was a police officer I would contest it.
I know someone on a Ducati with Termignoni's fitted that got pulled by police at entrance to a small town.
He contested, very nicely and politely, pointing out various factors which could have misconstrued he was the offending party. He explained what a fine upstanding person he was and law abiding etc. He ended up getting a visit at home from the police and after a "Chat" decided they would drop it.
In your case you may say that "if" there was any noise it was possibly from the other vehicle rather than yours.
Main concern is not what happens if this goes through just now but any further "offences" can see vehicle seized.
The letter, in my mind, reads as if they have had a report from a member of the public.
In that case contest it.
Even if it was a police officer I would contest it.
I know someone on a Ducati with Termignoni's fitted that got pulled by police at entrance to a small town.
He contested, very nicely and politely, pointing out various factors which could have misconstrued he was the offending party. He explained what a fine upstanding person he was and law abiding etc. He ended up getting a visit at home from the police and after a "Chat" decided they would drop it.
In your case you may say that "if" there was any noise it was possibly from the other vehicle rather than yours.
Main concern is not what happens if this goes through just now but any further "offences" can see vehicle seized.
Ryandoc
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Seen a couple of these before, mate in a Porsche got one, any member of the public can report you and they can issue a section 59 i'm sure and isnt it 2 in a year they theoretically can take the car off you?
Can understand if it was late at night but 5pm in rush hour hardly crime of the century !
Can understand if it was late at night but 5pm in rush hour hardly crime of the century !
Needamaser
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Pretty sure it has to be Police who witness.
Police can follow up a complaint from the public but unless there is hard evidence I don't see how it could be accepted. All you need is a neighbour with a grudge and half your street would have S59's!
Contigo
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That's the problem though, there is no appeal process against a Section 59. You have 12 months for it to clear, if you offend again inside the 12 months, car is impounded and a fee is charged for release (if not paid car is crushed)
Contigo
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If it is reported to the police from a witness it can be issued.
MikeyMaser
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Yes, my legal advisor has told me, if I want to contest it, I should write a covering letter when I send back the Section 172 outlining the circumstances.
redsonnylee
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Ive never heard of this, so hope the jobsworths out there don't start reporting every car sound they don't like.
BennyD
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Brilliant, I am now emailing Nantwich Police for a certain members mouth being a Section 59
C*nt!
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Brilliant, I am now emailing Nantwich Police for a certain members mouth being a Section 59
Case rested!
murph7355
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Like needamaser I'd be inclined to contest it - unless by "making a bit of noise" you mean that you were both sat at lights blipping your throttles, or accelerating off in first gear before slowing right down.
Be polite and honest. e.g. "Thank you for your letter but would you be able to provide further information on how you think the vehicle was being driven in an anti-social manner and proof that this was actually happening?
It is a standard production vehicle driven fully within road traffic laws. I'm not sure what constitutes "anti social" driving but the car passes all appropriate construction and use laws and regulations, so apart from not driving it at all I'm not sure what is expected? Kind regards...".
Be polite and honest. e.g. "Thank you for your letter but would you be able to provide further information on how you think the vehicle was being driven in an anti-social manner and proof that this was actually happening?
It is a standard production vehicle driven fully within road traffic laws. I'm not sure what constitutes "anti social" driving but the car passes all appropriate construction and use laws and regulations, so apart from not driving it at all I'm not sure what is expected? Kind regards...".