Section 59s

It's a bad piece of legislation that provides an easy short cut to proper process.
But if recipients of Section 59 notices meekly accept them without question, it's a practice which will continue.
 
As far as i can understand, if nobody abused S59's then it would be great, however, it seems to be a way for the cops to be judge and jury when they havent got a chance of actually taking people to court, so they just throw section 59s about. Its an absolute joke there is no appeals process.

Mark, you cant actually not accept a S59 when youre given one, just because you dont sign it doesnt mean you havent got one against your car.
 
Hi deko, I'm talking about the possibility of having the notice revoked or overturned after the event (not about refusing to sign).
There isn't an appeals process but there's nothing to stop a person challenging the validity of any action by the Police.
I wonder if the Police Complaints Authority have had any business arising from this subject?
 
The recommended action for "appealing" a Section 59 is to write to the CO of the issuing officer, which I did. So you can guess how that turned out.

No appeal process with any degree of independence exists, the next step would have been civil court which, to me, is a disproportionate amount of time and effort for a trumped-up warning and ultimately would have gone south for myself as the issuing officer had started to embellish his side of events. It boiled my **** at the time, but meh, they can swivel...
 
I dont think there has been much interest in opposing the section 59 because those who can tend not to be those who recive them. Your average late night car park enthusiast probably wouldnt have the knowlege or skill with pen to make stand against such issues.
 
Agent_Smith357 said:
I dont think there has been much interest in opposing the section 59 because those who can tend not to be those who recive them. Your average late night car park enthusiast probably wouldnt have the knowlege or skill with pen to make stand against such issues.
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i wouldnt say the person who posted above you fell into that category ;)
 
Well there has to be some context to it, they can't all be dished out completely spuriously otherwise we'd all have one and/or there would be far more controversy than there is, whereas it seems the people complaining about S59 markers are not exactly whiter-than-white? I'm not saying we should roll over, but why is it that everyone who has ever driven a performance car hasn't had one?

Care to shed light on how you acquired yours Fett?
 
Durzel said:
Well there has to be some context to it, they can't all be dished out completely spuriously otherwise we'd all have one and/or there would be far more controversy than there is, whereas it seems the people complaining about S59 markers are not exactly whiter-than-white? I'm not saying we should roll over, but why is it that everyone who has ever driven a performance car hasn't had one?

Care to shed light on how you acquired yours Fett?
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The trays shot out from the wheels, forgot it was AWD, took out two servers and a fryer.

Thread here about it.
 
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Durzel said:
Well there has to be some context to it, they can't all be dished out completely spuriously otherwise we'd all have one and/or there would be far more controversy than there is, whereas it seems the people complaining about S59 markers are not exactly whiter-than-white?
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I've never had one, and hopefully am never likely to, but I could be handed one by a copper having a bad day and there would be nothing I could do about it. If I got a ticket for speeding I can go to court to argue my case if I feel it's been incorrectly issued, if I get a parking ticket there is an appeals process to fight it. You have neither option with the S59 and for that reason alone it's a terrible piece of legislation that should never have been passed.
 
Dogbreath said:
I've never had one, and hopefully am never likely to, but I could be handed one by a copper having a bad day and there would be nothing I could do about it. If I got a ticket for speeding I can go to court to argue my case if I feel it's been incorrectly issued, if I get a parking ticket there is an appeals process to fight it. You have neither option with the S59 and for that reason alone it's a terrible piece of legislation that should never have been passed.
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could you not make a complaint against the officer to the IPCC?
 
L0rdMike said:
Can you Section 59 the police for causing you distress?
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alas no :(

allthough one ponders if the police would section 59 the little ducklings that ran out in front of the ditsy blonde causing her great distress when she narrowly missed them. Can just imagine the copper trying to book the ducklings in at the custody suite lol.
 
I was 'given' a section 59 a few years ago for having a noisy exhaust, although from poking around i dont think i was official as i didnt receive a peice of paper and the issuing officer didnt have a hat on.
 
From that thread:

Concrete said:
Unlucky, down here on the south coast they are handing them out like confetti. I think I'm the only Skyline owner not to have recieved one yet (touch wood) but its just a matter of time.
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And people said I was stupid when I spent Skyline money on my Cefiro. This is exactly why I did it. I get no hassle from the police.

Recently when I was out *ahem* practicing my snow driving skills for safety reason, in a car park, the police turned up, went straight past me as I was leaving and went on to hassle a bunch of chavved up Corsas who had been sat chatting/watching (in a physically separate car park) the entire time and had literally done nothing wrong.

My town used to have a big cruise scene. Every thursday night they'd drive up and down the town centre at legal speeds in a non-residential area, and park up in McD's/KFC/Halfords for a chat. I personally don't think they were doing anything wrong, but the police don't want them around.

First they set up what was effictively a vehicle check point in the middle of a 3 exit roundabout, the 3 exits being a 24hr Asda, McDs and a stub road back to the high street. They'd pull over any chav box, harrass them and look for anything even slightly illegal. This caused a massive tailback through the town, made me take an hour to get to Asda, by which point the pharmacy had shut. Plus all the people who did have dubious cars just turned around in Halfords car park and avoided McDs that night. The best part is I was in my mates Volvo V40 with a blatantly illegal aftermarket HID conversion. No hassle.

Now they just close the entire high street every Thursday night. signs up and a parked up plod car, no-one is allowed in, not even my obviously non-chav Volvo 940, nor taxi drivers or drivers for any of the takeaways that offer a delivery service.

edit: As an aside, if you have a phone with a voice note recording facility, I'd suggest you record all conversations you have when you get pulled by the police. Thanks to this thread I'm going to start doing it.
 
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