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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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 Posted: 20:28 - 15 Aug 2012 Post subject: So. Everyone thinks section 59 tickets are crock of shit? |
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We seem to have a consensus that it is totally out of order and very open to misuse and abuse, particularly for motorcyclists.
What do we do about it?
Write to our MP?
Write to the transport minister?
An e-petition?
Verbosely whinge about it on an internet forum where nobody who can do anything about it will see? ____________________ “Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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| J.M. |
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 J.M. World Chat Champion

Joined: 27 Mar 2011 Karma :    
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| Clanger |
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 Clanger Stirrer

Joined: 27 May 2004 Karma :    
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 Posted: 20:32 - 15 Aug 2012 Post subject: |
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What is it exactly...? I tried google but TL;DR can we have it in layman's terms please. Ta, it's late, my brain doesn't work this late.  ____________________ Be who you are and say what you feel, because those who mind don't matter, and those who matter won't mind - Dr. Seuss |
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| U_W v2.0 |
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 U_W v2.0 World Chat Champion

Joined: 07 May 2012 Karma :  
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| daemonoid |
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 daemonoid World Chat Champion

Joined: 27 Jun 2008 Karma :    
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 Posted: 20:39 - 15 Aug 2012 Post subject: |
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I'll join in with anything on this one - well anything legal and doable mainly from a distance.
Anyone live in Hemel Hempsted? Mike Penning (https://www.mikepenning.com/) is biker friendly and may be a good avenue for that...
He'd almost certainly be interested in some of the abuses of this power. ____________________ current: ducati monster 750
past: hyosung gt250r, bajaj pulsar 180, hyosung gt 125 comet
@thomasgarrard | www.straitjkt.com | www.racingseven.com
Last edited by daemonoid on 20:42 - 15 Aug 2012; edited 1 time in total |
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| Blackwolf |
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 Blackwolf Burgerfist

Joined: 19 Nov 2006 Karma :  
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| daemonoid |
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 daemonoid World Chat Champion

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| mentalboy |
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 mentalboy World Chat Champion

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| daemonoid |
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 daemonoid World Chat Champion

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| multijoy |
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 multijoy World Chat Champion

Joined: 03 Oct 2008 Karma :   
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| binge |
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 binge Emo Kiddy

Joined: 02 Jul 2004 Karma :   
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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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| JP7 |
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 JP7 World Chat Champion

Joined: 22 Dec 2008 Karma :   
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 Posted: 21:32 - 15 Aug 2012 Post subject: |
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For a S59 warning to be issued, there need to be two elements to the offence.
1, there needs to be a Driving without due care and attention offence either on road (S3 RTA) or off-road (S34 RTA).
2, there also needs to be an antisocial element to the offence, so you either need to cause alarm, distress or annoyance, or be likely to.
If it doesn't fit both of those then a S59 isn't appropriate and shouldn't be issued.
As Multijoy says, if the Due Care offence is made out, you can be prosecuted regardless of whether or not you get a S59 as well. Most cops will consider the S59 as an alternative way of dealing with the offence to prosecution, unless it's something serious enough to warrant both.
I do think there is a lack of understanding among drivers, and I also think among some police officers, about S59s. |
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| daemonoid |
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 daemonoid World Chat Champion

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| keggyhander |
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 keggyhander World Chat Champion

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| multijoy |
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 multijoy World Chat Champion

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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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| multijoy |
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 multijoy World Chat Champion

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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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 Posted: 21:53 - 15 Aug 2012 Post subject: |
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Ok. So legalise people.
I have the financial means and the bloody-minded attitude to challenge a S59 notice on general principle if I ever received one.
How would I do this? ____________________ “Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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| JP7 |
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 JP7 World Chat Champion

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| daemonoid |
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 daemonoid World Chat Champion

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| mentalboy |
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 mentalboy World Chat Champion

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| stinkwheel |
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 stinkwheel Bovine Proctologist

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| mentalboy |
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 mentalboy World Chat Champion

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| multijoy |
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 multijoy World Chat Champion

Joined: 03 Oct 2008 Karma :   
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 Posted: 22:01 - 15 Aug 2012 Post subject: |
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| stinkwheel wrote: | Ok. So legalise people.
I have the financial means and the bloody-minded attitude to challenge a S59 notice on general principle if I ever received one.
How would I do this? |
The thing is, the s59 'notice' is kind of meaningless - it's ostensibly fulfilling the 'warning' aspect to allow the subsequent seizure. There's no decision that you can request a judicial review about.
As much as I hate to say it, you'd probably have to get a vehicle siezed, whilst being very careful to dodge (1)(a) at the same time, and then fire up a solicitor.
I'm not, however, convinced that it applies to Scotland
edit: It is England & Wales specific, so you'd have to venture down with the rest of us lowlanders to have any fun with it.
With regards the actual process (and I am not a solicitor, so the procedure is fairly broad brush), you'd be looking to apply for an interim injunction to prevent them crushing the vehicle, and then looking to challenge the decision by way of a judicial review. Where they've failed to prove (1)(a), you'd be looking at procedural impropriety or an error of law or fact. ____________________ '11 CBF1000A, '99 C90, '98 CB500
silky666: He rode amazingly well considering his bike is the weight of a small van and had slicks on.
Last edited by multijoy on 22:08 - 15 Aug 2012; edited 1 time in total |
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Old Thread Alert!
The last post was made 13 years, 135 days ago. Instead of replying here, would creating a new thread be more useful? |
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