Section 59? Advice urgently required - Thanks in advance

Speedy3 · Traffic Copper Joined: 13 Aug 2006 Karma :

Hi Guys,

Just had a CSO at my door, saying that at 5.27pm yesterday he witnessed me travelling along, and that i was travelling 'well above the speed limit and causing alarm'. He also asked me do i own a vehicle bla bla bla, and he said that the vehicle was White, mine is green and purple.

The thing is, at 5.27pm i was at work and had been since 5pm, and can prove this. I have told him this, and he said he'll have to look into this further. (Despite in his notes, it says the time quite clearly.) I am the only person with access to my vehicle, and it was at work with me all the time throughout the evening til 1130pm when i finished.

What can he do? He's had to go away now and seek further advice. If he still comes back and tries to issue one, do i have any rights of appeal and who would i contact?

Thanks,

Perry J
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Current bike: 2005 Triumph Speed Triple 1050 :: Previous Bikes: 2001 Kawasaki ZZR-600 E9 (Sold) 1996 Yamaha Diversion 600s (Sold),1997 Honda CB250 Nighthawk (Sold), 1988 Honda VFR 400 NC24 (Written Off), 1987 Honda CB350 S-G (Sold), Yamaha DT125 (Sold), Honda X8R-S 50cc (Stolen)

Mystery · World Chat Champion Joined: 23 Jul 2009 Karma :

have you got anyone that can ride it a son, wife etc thats got keys to it? they might have taken it out?, you might get off with it if you can prove you where at work as well hope nothing bad comes off it
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Carbon knuckles assure you maximum protect against debris and unfortunate accidents or if someone cuts you off, their side mirror.Mopeds are like chubby chicks.. they are really fun to ride until you're friends catch you on one

Speedy3 · Traffic Copper Joined: 13 Aug 2006 Karma :

No, i have 1 key for the bike, and the keys were with me at work, along with the bike. I work at a hotel and we had a wedding on last night, and i can prove that i was there from 445pm -> 1130pm when i left to go home.

I cant wait to see what he comes up with...
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Current bike: 2005 Triumph Speed Triple 1050 :: Previous Bikes: 2001 Kawasaki ZZR-600 E9 (Sold) 1996 Yamaha Diversion 600s (Sold),1997 Honda CB250 Nighthawk (Sold), 1988 Honda VFR 400 NC24 (Written Off), 1987 Honda CB350 S-G (Sold), Yamaha DT125 (Sold), Honda X8R-S 50cc (Stolen)

The Artist · Super Spammer Joined: 06 Jan 2008 Karma :

I think it looks like a case of cloned plates

Wafer_Thin_Ham · Super Spammer Joined: 18 Nov 2005 Karma :

ms51ves3 · Super Spammer Joined: 07 Jun 2007 Karma :

yuri2085 · World Chat Champion Joined: 05 Jul 2008 Karma :

Problem is section 59's are written in a scary draconian way with no right to appeal.
Hopefully you will be ok Thumbs Up

Speedy3 · Traffic Copper Joined: 13 Aug 2006 Karma :

A letter to the chief constable wouldnt go a miss, plus my father and him get on quite well... so i'll see what this CSO comes back with
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Current bike: 2005 Triumph Speed Triple 1050 :: Previous Bikes: 2001 Kawasaki ZZR-600 E9 (Sold) 1996 Yamaha Diversion 600s (Sold),1997 Honda CB250 Nighthawk (Sold), 1988 Honda VFR 400 NC24 (Written Off), 1987 Honda CB350 S-G (Sold), Yamaha DT125 (Sold), Honda X8R-S 50cc (Stolen)

ClaireBear · Traffic Copper Joined: 27 Jun 2009 Karma :

If you have proof that you were at work and the fact the vehicle was the wrong colour means that havent got any proof it was you.

Bit over the top, but is there any cctv to prove that you had the vehicle parked up whilst at work?

It probably has to be either human error or cloned plates Confused

Skudd · Super Spammer Joined: 01 Oct 2006 Karma :

Send a letter off NOW to the Chief Constable before the CPO comes back. Stating time of visit, what was said and what you saw noted down. State also your vehicle is a diiferent colour and that you were in work at the time of the incident. The CPO should have his arse whipped and no further action taken. Put it as a formal complaint against the CPO too.
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Petty Anarchists look at "1984".............. The Visionary looks at "Animal Farm".

G · The Voice of Reason Joined: 02 Feb 2002 Karma :

Find the details of the CSOs vehicle and see if you can get your dad to sneak into the computer systems and issues a section 59 against the CSO Razz

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Mister James · I want to believe! Joined: 10 Aug 2004 Karma :

Not quite sure what you'd actually complain about - the PCSO is just investigating something. He probably feels a bit of a tit seeing as the OP appears to be entirely blameless.

If the PCSO does return and attempts to take any form of action, it would appear that the OP has a cast iron alibi AND doesn't even own the vehicle in question.

That said, if he did describe a different vehicle why has the PCSO tracked it back to the OP? Been misbehaving on other occasions? Wink

You can't get a section 59 (or anything else) for something you didn't do with a vehicle you don't own.

G · The Voice of Reason Joined: 02 Feb 2002 Karma :

Mister James · I want to believe! Joined: 10 Aug 2004 Karma :

The difference being that you have done something that they (being the courts, in the case of an ASBO) don't like, and have decided to punish you for - in this instance with conditions that seem to be unrelated. That seems to be weird and inappropriate, rather than wrong and illegal!

The OP is suggesting that he is in danger of being issued a sect. 59 for actions that he (or his vehicle) did not undertake. That would obviously be unlawful - as he has not provided the 'cause' for the 'effect' he is getting!

Edit: As you no doubt know perfectly well, but were just seeking to highlight how messed up the system can be......? No arguments from me!