section 59 - outrageous highway robbery?

matt1987

goldspanners wrote: »

so virtually any tom !!!!!! or harry can give these out.
im sorry but i think this power is a dangerous one. i know a few police officers and wouldn't trust them with this power.

Hmm... dont exactly know where your going with the tom !!!!!! and harry comment? But I am assuming its a dig at my job?

NickWarren_2

matt1987 wrote: »

Hmm... dont exactly know where your going with the tom !!!!!! and harry comment? But I am assuming its a dig at my job?

Don't take it personally, I think what he is trying to say is that anyone in the force can give one, And that it is a very powerful tool to be used via the outcome of an opinion, I.E you make the decision, It isn't discussed by a judge and jury etc.

IMO It's a lot of power to place in the hands of one person.

NickWarren_2

Officer_Dibble wrote: »

Most police powers are if you actually think about it.

True, But considering the severity of the punishment It's a lot to place in the hands of one person.

I'm all for S59 though, All coppers should have helmet cams too lol

katybsim

I specifically asked can I challenge this in court because I need my car and was told I could'nt appeal??

Lil306

Section 59 is useful and a hinderance at the same time. If used correctly it deters punks who act like idiots and gets them off the road.

Unfortunatley there are a lot of dodgy police about who want to find anything as an excuse if they want to do a Section 59 if they're having a bad day. It's complete misuse of their power when they want to be complete pillocks to people. You can also get a section 59 for parking inside a car park if the police think you are there to congregate. However if you park your car and walk away from it you are not congregating and can't get a section 59. So just park up all modified cars, walk away and talk to each other or have a game of footy

Don't tar all cruisers with a bad name, I used to be one. I still enjoy the modified car culture it's very friendly. There has been instances were complete !!!!!! mess about and then drove off, the police saw cruisers so instantly assumed trouble makers and gave everyone a section 59 because someone in some houses heard the noise and assumed it was them

Fair ? I think not. Never mind, Karma has a way of getting back at the Hitler police. Something bad will happen to them in later life

The only way I can think of fixing it, is by recording inside your car all the time, it's not illegal providing you specifically state the car is being recorded at all times. Then if someone tries to say you have you can contest it. If Mr Piggy tries to abuse his power or give harassment then use it as evidence.

Sad that these type of things need to be done, but if it covers your back so be it0

Lil306

katybsim wrote: »

I specifically asked can I challenge this in court because I need my car and was told I could'nt appeal??

You can contest it, then the person who made the statement must be willing to go to court to prove it. I believe in S59 it states you must be willing to go to court before you even sign it

Exerpt from another site (or w/e it's called)
If you have received a Section 59 warning and are unsure why, or feel that it was unjust or issued inappropriately then you need to establish your position.
Write to the Area Commander at the police station/area that the warning was issued and establish exactly what offence you committed (ie. Section 3 or 34) and what action is being taken. If you know they are prosecuting you then ask for Disclosure (this may be best done through a solicitor). Disclosure will be a pack of documents outlining the Prosecution case and should include witness statements, the officers statement, video copies and such like. This will give you a picture of the case against you in order to fight your corner.

katybsim

Yeah first thing this Morning paid my recovery fee or fine of 150 quid.

I never signed a S59??

Lil306

Officer_Dibble wrote: »

Remember the power so seize only comes with the issue of a second notice. The recovery cost can be contested with the force in question. It is only with the power of a court the vehicle can be forfeited.

To be caught once appears to be common for many of the ‘McDonalds’ or ‘Cruiser’ crowd. If their 59’s are unlawful why haven’t they appealed them and had them removed?

Maybe acting as you always have done in a car and receiving a second is just bad luck.

This is because the police do the "bullying" tactics, and the majority of people unless they study laws carefully don't know the exact facts or loopholes surrounding them so get scared and don't try to contest it because they get told by the police that you can't. Which is bull, you can contest anything.

I've grown up since I was younger, police don't bother me and I don't bother them. If I get served a section 59 I'd contest it straight away and ask work towards a full disclosure of information (although I'd have a camera recording it anyway)

Lil306

katybsim wrote: »

Yeah first thing this Morning paid my recovery fee or fine of 150 quid.

I never signed a S59??

Sorry, waht I mean was if a member of the public contents the police about your driving and the police say they can do an S59. That member of public must be willing to go to court

matt1987

Officer_Dibble wrote: »

Out of interest how many have you issued and what training have you had?

Im pretty sure I have already mentioned how many I have issued. Zero. I have never felt the need to issue one to be honest.

It is covered in our 6 weeks training at HQ. There was even a final assessment role play on it, because as a lot of people have said on here, it is a fairly big power to have.