Section 59 - Anti social driving

busiscoming2

Someone I know has received a Section 59 notice. Filled in and given to them personally. They have no problem with the warning, they admitted to the behaviour.

The form has the incorrect registration number (one digit wrong) and the address of the driver and car's owner, although they live at the same address one of them has the incorrect door number.

Is this still a valid notice?

Astronaughtwannabe

busiscoming2 wrote: »

Someone I know has received a Section 59 notice. Filled in and given to them personally. They have no problem with the warning, they admitted to the behaviour.

The form has the incorrect registration number (one digit wrong) and the address of the driver and car's owner, although they live at the same address one of them has the incorrect door number.

Is this still a valid notice?

Basically yes. S.59s apply to both vehicle and driver. Any minor errors won't affect the validity because they can be amended.


These warnings are a tool that give the police more powers than the court (effectively). There is no right of redress other than by way of complaint to a senior police officer so your friend is stuck with it until it expires.

Car_54

Does it matter whether it's valid?

He knows he was wrong, and he knows he shouldn't do it again.

If he does, he's an *rse and doesn't deserve any sensible advice.

busiscoming2

Car_54 wrote: »

Does it matter whether it's valid?

He knows he was wrong, and he knows he shouldn't do it again.

If he does, he's an *rse and doesn't deserve any sensible advice.

Totally agree. Just wondered because so many things aren't valid if they are written incorrectly.

Dr._Shoe

Care has to be taken when raising a legal document because certain errors can invalidate them. However in this particular instance this is not the case.

Spicy_McHaggis

Dr._Shoe wrote: »

Care has to be taken when raising a legal document because certain errors can invalidate them. However in this particular instance this is not the case.

Care you explain why?

You've not provided the best information on legal matter in recent weeks.

Edwood_Woodwood

Astronaughtwannabe wrote: »

Basically yes. S.59s apply to both vehicle and driver. Any minor errors won't affect the validity because they can be amended

Thank the Lord for that. I'd hate to see some idiot get away on a technicality.

Retrogamer

Astronaughtwannabe wrote: »

Basically yes. S.59s apply to both vehicle and driver. Any minor errors won't affect the validity because they can be amended.


These warnings are a tool that give the police more powers than the court (effectively). There is no right of redress other than by way of complaint to a senior police officer so your friend is stuck with it until it expires.

I thought a section 59 applied to either the vehicle or the driver, but not both at once.

busiscoming2

Retrogamer wrote: »

I thought a section 59 applied to either the vehicle or the driver, but not both at once.

The police told them it is both the car and the driver at that time, for a year.

rev_henry

busiscoming2 wrote: »

The police told them it is both the car and the driver at that time, for a year.

Correct, although very occasionally in certain circumstances they will apply for less than a year. But your 'friend' would have been told this at the time.

Retrogamer

Since the details they put on the section 59 are wrong, won't that mean if they are pulled over again and the police check their registration for a section 59, then it won't show up?