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MaybeGuy
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PostPosted: 11:37 - 02 Aug 2009    Post subject: section 59... Reply with quote

i got one of these this morning via phonecall.

yesterday i was wheelieing away in a residential area, when all of a sudden these 2 police decided to apparate like harry potter on the pavement. as i saw them, they opened their notebooks in a synchronised manner, and looked eagerly with their pens in their hands.

''cock'' thought i... as i brought the front down and turned up the nearest alley... which just so happened to be near enough directly opposite them, so either way i was fucked.

so what exactly is a section 59? i assume its like an ASBO? as the phone lady said i wasnt getting points or a fine.

she said i'd get something in the post in a couple of days, but better off knowing i suppose.
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!! Mr. Green
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith
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Chriss
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PostPosted: 11:43 - 02 Aug 2009    Post subject: Reply with quote

https://www.opsi.gov.uk/Acts/acts2002/ukpga_20020030_en_7#pt4-ch2-pb5-l1g59 wrote:
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).

(2) A constable in uniform shall also have the powers set out in subsection (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within subsection (1).

(3) Those powers are—

(a) power, if the motor vehicle is moving, to order the person driving it to stop the vehicle;

(b) power to seize and remove the motor vehicle;

(c) power, for the purposes of exercising a power falling within paragraph (a) or (b), to enter any premises on which he has reasonable grounds for believing the motor vehicle to be;

(d) power to use reasonable force, if necessary, in the exercise of any power conferred by any of paragraphs to (a) to (c).

(4) A constable shall not seize a motor vehicle in the exercise of the powers conferred on him by this section unless—

(a) he has warned the person appearing to him to be the person whose use falls within subsection (1) that he will seize it, if that use continues or is repeated; and

(b) it appears to him that the use has continued or been repeated after the the warning.

(5) Subsection (4) does not require a warning to be given by a constable on any occasion on which he would otherwise have the power to seize a motor vehicle under this section if—

(a) the circumstances make it impracticable for him to give the warning;

(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;

(c) the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or

(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.

(6) A person who fails to comply with an order under subsection (3)(a) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(7) Subsection (3)(c) does not authorise entry into a private dwelling house.

(8) The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 60 are in force.

(9) In this section—

*

“driving” has the same meaning as in the Road Traffic Act 1988 (c. 52);
*

“motor vehicle” means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; and
*

“private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.


Quick Google would have told you that. I've a funny feeling this is another "Look at me, I can wheelie! I got caught! How badass!"
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Finglonga
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PostPosted: 11:57 - 02 Aug 2009    Post subject: Re: section 59... Reply with quote

mattsprattuk wrote:
all of a sudden these 2 police decided to apparate like harry potter on the pavement.


https://www.ageconcern.org.uk/AgeConcern/Images/specsavers_logo_rgb(1).jpg
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ms51ves3
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PostPosted: 12:03 - 02 Aug 2009    Post subject: Re: section 59... Reply with quote

Finglonga wrote:
mattsprattuk wrote:
all of a sudden these 2 police decided to apparate like harry potter on the pavement.


https://www.ageconcern.org.uk/AgeConcern/Images/specsavers_logo_rgb(1).jpg


He was looking at the sky.
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bEN_
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PostPosted: 12:36 - 02 Aug 2009    Post subject: Reply with quote

LOL INTERNET
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tutton
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PostPosted: 12:52 - 02 Aug 2009    Post subject: Reply with quote

Means your quite fucked, in the way that if a copper dosnt like your bike, or you, he can now give you another sec 59 and the reasons im told are always ones that cant be prooved like anti social riding, or having a loud exhaust and making lots of noise,
2 Sec59's and your bikes conviscated lol.
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tykey
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PostPosted: 14:01 - 02 Aug 2009    Post subject: Reply with quote

shouldve just denied it was you riding it, say it was your mate "Dave".
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Chriss
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PostPosted: 14:03 - 02 Aug 2009    Post subject: Reply with quote

Come to think of it, how the hell did the police know your phone number?
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eddyh
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PostPosted: 14:10 - 02 Aug 2009    Post subject: Reply with quote

tutton wrote:
Means your quite fucked, in the way that if a copper dosnt like your bike, or you, he can now give you another sec 59 and the reasons im told are always ones that cant be prooved like anti social riding, or having a loud exhaust and making lots of noise,
2 Sec59's and your bikes conviscated lol.


I would rather set fire to my bike then let the police take it off me.
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Flip
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PostPosted: 15:15 - 02 Aug 2009    Post subject: Reply with quote

Chriss wrote:
Come to think of it, how the hell did the police know your phone number?


Wouldn't have they got his details from his reg number?
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Chriss
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PostPosted: 15:27 - 02 Aug 2009    Post subject: Reply with quote

flip wrote:
Chriss wrote:
Come to think of it, how the hell did the police know your phone number?


Wouldn't have they got his details from his reg number?


I don't ever recall supplying a phone number with my V5. When I worked at BT (few years ago now) it certainly took them more than 24 hours to get a phone number.
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Flip
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PostPosted: 15:42 - 02 Aug 2009    Post subject: Reply with quote

If it was his landline it wouldn't be hard to find (provided he was listed). They'll have his name & address from his reg no.

https://www.thephonebook.bt.com/publisha.content/en/search/residential/search.publisha
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Chriss
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PostPosted: 15:56 - 02 Aug 2009    Post subject: Reply with quote

flip wrote:
If it was his landline it wouldn't be hard to find (provided he was listed). They'll have his name & address from his reg no.

https://www.thephonebook.bt.com/publisha.content/en/search/residential/search.publisha


True, I just assume everyone's ex-directory. Laughing
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G
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PostPosted: 16:02 - 02 Aug 2009    Post subject: Reply with quote

mattsprattuk wrote:
or a case of i cant be bothered to read through loads of internet shit when you can do the research for me Laughing

tool

And you wonder why plenty of people don't bother to help you on here.

I got an ASBO ages ago for a wheelie, but nothing in the ASBO directly related to what I had done (quiet bike, not endangering anyone, etc). However, it seems you're lucky to not get more-done, as there's plenty of other bits they could have done you for.
I wonder if they were police or PCSOs.

If you've got a loud can, I'd be particularly worried - at a guess a neighbour complaining could see your bike crushed. I wonder if you act up to the people in your area as you do the people on here? Smile
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ToGGoT
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PostPosted: 16:41 - 02 Aug 2009    Post subject: Reply with quote

I'm sure its been said before, but just to sum up.

Section.59 is a "You've been seen being a naughty boy/making too much noise for the neighbours to put up with" ticket.

The police dont actually need ANY evidence to issue one, and there is NO appeal.

It can be issued on any statement from ANY member of the public regards a vehicle you have been driving.

Get two of these and they take the vehicle away. Its IIRC £120 + £17 a day storage fees to get it back.

Then you're free to the next one.


I am not a fan of this "Legislation", because it gives no thought to anyone who might bear a grudge against you. All they have to do is make a statement that you were revving your engine at 1am, and thats one, do it again, you're fined - its down to you to PROVE you weren't - and how can you do that?

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MaybeGuy
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PostPosted: 16:56 - 02 Aug 2009    Post subject: Reply with quote

ah thats not so bad then, cheers for that. i was under the impression they'd crush it or something.

so basically, it turns minor things like exhausts, tinted visors, and numberplates into vehicle seizures?
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!! Mr. Green
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith
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Seb
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PostPosted: 17:09 - 02 Aug 2009    Post subject: Reply with quote

No more stirring with the 80 year old ped bois at Jaspers now Shocked
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Flip
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PostPosted: 17:18 - 02 Aug 2009    Post subject: Reply with quote

I thought you couldn't get it back if it was taken on a S59?

Bikes are seized then sold. You then have 12 months to claim the money back or they keep the cash. Shocked


Last edited by Flip on 17:45 - 02 Aug 2009; edited 1 time in total
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st3v3
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PostPosted: 17:24 - 02 Aug 2009    Post subject: Reply with quote

BLUEX5 wrote:
I thought I was having a pretty good weekend, but the news that you got a Sec. 59 for riding like a complete cunt in a residential area just made it a hundred times better
Laughing +1. Thumbs Up Razz
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salty21
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PostPosted: 18:29 - 02 Aug 2009    Post subject: Reply with quote

i can feel the love in here Laughing
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Ste
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PostPosted: 18:42 - 02 Aug 2009    Post subject: Reply with quote

It's weird that they'd phone. Confused Did they say anything about them sending you the paperwork in the post?
flip wrote:
I thought you couldn't get it back if it was taken on a S59?

Bikes are seized then sold. You then have 12 months to claim the money back or they keep the cash. Shocked

You can make an application for it to be returned but vehicles seized under section 50 usually end up crushed.
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