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Received a s59 warning...

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Deadringers
Renault 5 Driver



Joined: 06 Feb 2013
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PostPosted: 13:35 - 24 Jul 2013    Post subject: Received a s59 warning... Reply with quote

Hi all,

I received an s59 warning from the police.
Apparently they received a complaint from a member of the public that I was "racing" and "being a nuisance".

I think this is completely unfair to be honest as 1st off I had new tires just put on and so couldn't possibly be "racing".

And 2nd of all this means they are putting this on my record from just one complaint from some random person.

Any thoughts on how to go forward with this?
I'm planning to write to the police asking to see evidence and how they arrived at their conclusion that the person was correct in making the complaint without hearing my side of things?

Seems to be completely unfair and just a "here have an official warning without sharing your side".
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P.addy
Formerly known as
P.



Joined: 14 Feb 2008
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PostPosted: 13:44 - 24 Jul 2013    Post subject: Reply with quote

Live with it, it isn't that bad. Laughing

Request who the complaint was from and put a complain in that they were revving their car outside your house at 3am. Laughing
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MarJay
But it's British!



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PostPosted: 13:45 - 24 Jul 2013    Post subject: Reply with quote

That is the S59 law for you. It's not fair, but that's how it works.

However I would kick up as much of a stink as I possibly can about it if I were you because it's the only way to show the police that S59 is a load of rubbish.
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yen_powell
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PostPosted: 13:45 - 24 Jul 2013    Post subject: Reply with quote

You should be okay unless they issued a similar one to someone riding with you at the same time. Then it's curtains.
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prizefighter
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PostPosted: 13:46 - 24 Jul 2013    Post subject: Reply with quote

I've done my research before and there seems to be nothing you can do. No way to appeal or fight your case.

It's your word against theirs and you are definitely in the wrong, regardless.

Check out Pepipoo forums and they all say the same.

Its a shit bit of legislation well open for abuse Thumbs Up just what the cunstabulary like.
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Mr Calendar



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PostPosted: 13:47 - 24 Jul 2013    Post subject: Reply with quote

s59 been discussed on here before (e.g. here).
I'd do a quick search.
Quote:
(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).
...taken from this thread on pepipoo.

So I'd be chasing up the reasonable grounds issue. Although that thread does say reasonable belief can be from a 3rd party account. I'm sure someone will be along with the statute.
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Last edited by map on 13:56 - 24 Jul 2013; edited 2 times in total
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flamy
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PostPosted: 13:48 - 24 Jul 2013    Post subject: Reply with quote

I don't think "I had new tires just put on and so couldn't possibly be "racing"" would stand up in court!

It only last 12 months and then gets removed. Thing is though, why would somebody complain if you were completely innocent of racing / being a nuisance?
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G
The Voice of Reason



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PostPosted: 13:50 - 24 Jul 2013    Post subject: Re: Received a s59 warning... Reply with quote

Deadringers wrote:

I think this is completely unfair to be honest as 1st off I had new tires just put on and so couldn't possibly be "racing".

I've had a one mile warm up lap then gone at full race pace on a brand new tyre.
So yes, you could have been 'racing' Wink.

How about reporting an appropriate high up in the station for the same thing and see what happens Smile.

Also, you could try the new crime commissioner thingy - they do need to justify their existence at the moment, I believe Smile.

Also, try your local MP - seen people get good results when the MP gives them a prod.
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Deadringers
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PostPosted: 13:56 - 24 Jul 2013    Post subject: Reply with quote

Thanks guys.

I'd be okay with the whole "thing" if it was a uniformed police office who stopped me, had a chat with me and told me what I did wrong.

But this is literally sounding like someone called the police.
gave our number plates (me and my brother) (how they got our plates when we were "racing" I have no idea!)
and said that we were being annoying and "racing".

How on earth is that fair by any stretch of the imagination?!

I might go down the crime commissioner route.
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map
Mr Calendar



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PostPosted: 13:58 - 24 Jul 2013    Post subject: Reply with quote

Deadringers wrote:
...if it was a uniformed police office who stopped me, had a chat with me and told me what I did wrong....

So how did you get it.
My understanding is that it had to be done by 'an officer in uniform' Confused

I'm prepared and expect to be corrected on that, but please post the evidence/statute Thumbs Up
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P.addy
Formerly known as
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PostPosted: 13:59 - 24 Jul 2013    Post subject: Reply with quote

2 people.

Bikes.

Racing.

Yep.
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orac
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PostPosted: 14:02 - 24 Jul 2013    Post subject: Reply with quote

after having a read of this subject, how would one complain about people standing in the middle of the road to try and slow/stop you from having a little fun at the speed limit.

the reason i ask is it happened the other day, granted i knocked it backa gear and passed the prick 20mph faster than i was previously going.

they have to release any information kept about you if you ask for it. so go ask for it, it should have all the info you need to go beat the twat to within an inch of the life
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Deadringers
Renault 5 Driver



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PostPosted: 14:30 - 24 Jul 2013    Post subject: Reply with quote

map wrote:
Deadringers wrote:
...if it was a uniformed police office who stopped me, had a chat with me and told me what I did wrong....

So how did you get it.
My understanding is that it had to be done by 'an officer in uniform' Confused

I'm prepared and expect to be corrected on that, but please post the evidence/statute Thumbs Up


how did I get the notice?
Just received it in the post today.
it claims that a member of the public reported me for being a nuisance and "racing".
With this "evidence" they feel it necessary to send me an official warning.
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map
Mr Calendar



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PostPosted: 14:41 - 24 Jul 2013    Post subject: Reply with quote

Deadringers wrote:
map wrote:
So how did you get it.
My understanding is that it had to be done by 'an officer in uniform' Confused
...
...
Just received it in the post today.
it claims that a member of the public reported me for being a nuisance and "racing".
With this "evidence" they feel it necessary to send me an official warning.

Confused ...again my understanding* is the warning must be given verbally and then followed up in writing, either a form or police letter-headed paper.

I was also under the impression* that a section 59 warning should also be accompanied by a report for the offence committed under the Road Traffic Act. Although there is the 'is causing, or is likely to cause, alarm, distress or annoyance to members of the public' clause. However, as you have been accused of 'racing' then I'd have thought the RTA applicable. Just my thoughts though.

Are you sure this isn't a wind-up?




* As before I'm prepared and expect to be corrected on that, but please post the evidence/statute Thumbs Up
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woo
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PostPosted: 15:03 - 24 Jul 2013    Post subject: Reply with quote

O really she did that to you over some grass!

What you need to do now is wake up at 3am and spray her lawn and all her plants with glyphosate, and im not taking about the crap from b&q that only has 7gl per litre im taking the concentrated stuff that has 360g/l glyphosate in a 5 litre bottle!!!

heres the ebaylink
https://www.ebay.co.uk/itm/5L-Lt-Ltr-Ltr-Ltrs-Litres-Rosate-36-Very-Strong-Glyphosate-Weedkiller-/360613471511?pt=UK_Home_Garden_Garden_Plants_Fertiliser_CV&hash=item53f63ce517#ht_860wt_1074

That shit kills anything green including japanese knotweed!!!

I would say plant some japanese knotweed round her house at 3am but that would put your house at risk!

I believe in the simple fact that if someone attacks you, attack back so hard that they are utterly destroyed, detroyed all that they have!!!

The Lannisters always pay their debts as the night dark and full of terror!!
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Joncrete Cungle
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PostPosted: 15:43 - 24 Jul 2013    Post subject: Reply with quote

So OP what EXACTLY had you been doing on the day / time in question? S.59 is a crock of shit law that appoints the rozzers judge, jury and executuioner on the hearsay basis of Doris McCurtaintwitcher.

Draft a complaint to the chief cuntstubble and get your MP on the case. If you and your brother have REALLY done nothing wrong.

On the other hand if someone pisses you off or screws you over etc. You can 'complain' about them driving / riding in a manner likely to endanger kittens twice in under 12 months and get their vehicle taken off them and have to pay to get it back. All based on hearsay and bullshit. Obviously make sure they are on the road you claim they drove down in a manner likely to endanger kittens at the time you saw kittens running for their lives. Wink
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Deadringers
Renault 5 Driver



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PostPosted: 15:57 - 24 Jul 2013    Post subject: Reply with quote

Joncrete Cungle wrote:
So OP what EXACTLY had you been doing on the day / time in question? S.59 is a crock of shit law that appoints the rozzers judge, jury and executuioner on the hearsay basis of Doris McCurtaintwitcher.

Draft a complaint to the chief cuntstubble and get your MP on the case. If you and your brother have REALLY done nothing wrong.

On the other hand if someone pisses you off or screws you over etc. You can 'complain' about them driving / riding in a manner likely to endanger kittens twice in under 12 months and get their vehicle taken off them and have to pay to get it back. All based on hearsay and bullshit. Obviously make sure they are on the road you claim they drove down in a manner likely to endanger kittens at the time you saw kittens running for their lives. Wink


Well you see you do raise an interesting point...
That is exactly what could happen and why wouldn't you do it if someone pissed you off?
Pretty scary stuff this s59.

I have spoken to the police commissioner office for my area and will be sending them the details over and copying in my MP.

HOPEFULLY this will resolve it and lay it open for the bullshit that this "law" or what ever it is...is!

IF that doesn't work. I will ask them to prosecute me officially for this part: "contravenes section 3 or 34 of the Road Traffic Act 1988(c. 52) (careless and inconsiderate driving and prohibition of off-road driving)"

Because as far as I can see if they cannot prove that I have broken section 3 or 34 (and by that I mean provide me with proper evidence such a police officer having seen me do X or a police camera record me do X) then how can they take someone's word on it?
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Deadringers
Renault 5 Driver



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PostPosted: 16:00 - 24 Jul 2013    Post subject: Reply with quote

Joncrete Cungle wrote:
So OP what EXACTLY had you been doing on the day / time in question? S.59 is a crock of shit law that appoints the rozzers judge, jury and executuioner on the hearsay basis of Doris McCurtaintwitcher.


To answer your question:
We went up and down this road which has 2 roundabout (one at either end) about 4-5 times. I was just trying to scrub in the tires a bit more on the roundabouts as you can get quite far over.
We stopped and talked 3 or 4 times as well so definitely not "racing"

I didn't get my knee down (can't in my tight leathers! Smile ) and you can't exactly take the roundabouts at more than about 20 - you are going back on yourself so really 20 would be the MOST you could do.

I believe the road there is a 40 limit.
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Last edited by Deadringers on 16:01 - 24 Jul 2013; edited 1 time in total
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reed
Nearly there...



Joined: 28 Oct 2012
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PostPosted: 16:00 - 24 Jul 2013    Post subject: Reply with quote

I think some people like to ring the police and complain for the sake of it, whilst sitting next to my bike with a few friends about 6 months ago, a police car turned up and I was told someone rang up saying I was speeding down the seafront and being dangerous, when in fact I was going about 15-20 mph (20mph speed limit)

Police officer was alright though, said he believed me and then I asked him how small of a number plate he thought I could get away with. Smile

Oh and of course, he was a biker himself.
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fatpies
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PostPosted: 16:01 - 24 Jul 2013    Post subject: Reply with quote

flamy wrote:


It only last 12 months and then gets removed. Thing is though, why would somebody complain if you were completely innocent of racing / being a nuisance?



There are a lot of unhinged people in the world.

Consider this:

https://www.telegraph.co.uk/news/uknews/crime/10160029/Cab-driver-falsely-accused-of-rape-saved-by-his-phone-app.html

TL:DR woman invented a rape story against a cabbie.


As said when working in education NEVER leave the sight of CCTV cameras and always check they are working as item number 1 on lesson plans.
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Rogerborg
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PostPosted: 16:07 - 24 Jul 2013    Post subject: Reply with quote

You won't win, but I'd suggest reading the plain words of the statute and getting fired in. Just go straight to the Chief Constable.

You're being accused of having committed a criminal offence. So:
Arrow What offence specifically are you being accused of?
Arrow Exactly where and when did the alleged offence occur?
Arrow What is the name and number of the uniformed constable who formed a reasonable belief that you committed that offence?
Arrow On what specific knowledge and information did they form that belief? What steps did they take to verify the accusation? What opportunity were you given to refute it before they formed their belief?

Oh, and enclose a postal order for £10 and demand that they disclose all information that they hold on you, as a Subject Access Request under the Data Protection Act 1998.

Again, you're not going to win it, but it might ultimately help you if some costumed goon smashes in your back door and seizes your (de-baffled, amirite?) hoonmobile because you've "been seen racing again".
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map
Mr Calendar



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PostPosted: 16:16 - 24 Jul 2013    Post subject: Reply with quote

Rogerborg wrote:
...it might ultimately help you if some costumed goon smashes in your back door...

Tut Tut Tut Tut You know the statute says they can only enter a garage, not a dwelling*. Unless that's some sort of code for you referring to a form of sexual activity of course Wink





* not that it'd make a difference, mistakes do happen Wink
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SQL
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PostPosted: 16:21 - 24 Jul 2013    Post subject: Reply with quote

lol I had police approach me saying that a "witness" 10mins previous to them turning up had seen me speeding across a field and doing speed down the path/road.

I laughed then proceeded to jam my ungloved hand on to the exhaust and on the engine "Can't be me my engine is stone cold"

They then fucked off.

Oh they were also "Blade riders"
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Rogerborg
nimbA



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PostPosted: 16:25 - 24 Jul 2013    Post subject: Reply with quote

map wrote:
Rogerborg wrote:
...it might ultimately help you if some costumed goon smashes in your back door...

Tut Tut Tut Tut You know the statute says they can only enter a garage, not a dwelling*.

Statutes say a lot of things that demonstrably get ignored, is my point, and the earlier you get your complaint in about that, the better.

Warped claims he got a foot in his door, and it's one of the least incredible claims that he's ever made. Wink
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