Section 59

Associate
Joined
1 Feb 2021
Posts
5
Hi All,

I apparently got two section 59’s within the space of one week.

I was made aware that there was a car meet in the area and i received it because i was in the area and they couldn’t tell if i was attending.

I got my car seized and had to pay an impound fee.

My question is, if this happens again does my car get crushed?
 
Man of Honour
Joined
13 Oct 2006
Posts
90,805
They don't (normally) just give a section 59 because they can't tell if you are attending a meet or not.
 
Man of Honour
Joined
13 Oct 2006
Posts
90,805
There are car meets now and again near where I work - they are pretty sparse handing out section 59s, do a few for speeding now and again or no MOT, etc.

One of my work colleagues got a section 59 and wasn't even part of the meet but that was because of the under-lighting on his car.

Aye I believe even for a section 59 they have to be able to show the person/car was present.

Some forces seem to use it a bit as a catch all but it is intended for when someone is actually present causing some kind of nuisance.
 
Last edited:
Associate
Joined
27 Apr 2018
Posts
1,320
Unfortunately S59 legislation is abused by police, and is difficult to defend your self against.

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,

Even if you had gone to the meet and parked up, how would this satisfy condition A. It wouldn't. The legislation is clear that both condition A and B have to be satisfied for a S59, but officers conveniently forget this, or decide to just make it up on the spot as they don't actually need evidence, just "belief" that the vehicle was being used in such a manner.
 
Soldato
Joined
12 Mar 2008
Posts
22,862
Location
West sussex
Then yes it will be crushed.
No it won't.. they say that but it'll be impounded again and again costing you money. My mate has got a few 59s to name. It's very very rare that they crush the car. Never heard anyone getting it for being in the area so op is obviously not telling something.
 
Man of Honour
Joined
13 Oct 2006
Posts
90,805
Section 59 for no MOT?

No - was just saying when there are car meets my way they tend do a few for no MOT, tax or insurance but they don't tend to just hand section 59s out because people turned up to a meet. Even the ones doing donuts were just told to move on last time.
 
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