Guess who's been stupid?

[Dangerousfish]

Just been on the way home from work and got cut up by some nob in a Sport Clio. Road rage took over and I overtook him further up the road.

Police mobile camera was parked at the side of the road and saw the whole thing. He followed me for a mile or so and pulled me over.

I now have a flag on my car on the PNC. If I'm pulled again for being stupid it's getting impounded

*All of the above is not true and should not be used in a court of law*

[Perry]

Oh dear, i had that on my Fiesta St and i wasnt even driving the car, it was parked up, apaz sitting in an industrial estate wiht about 8 other cars is classed as to large a group and so you all get you reg etc taken down and they can seize your car if caught again, lol. Lame aye

[ZACK]

I Had A Section 59 Once... Is That Similar ?

[Perry]

They're the same Zack. But it is only registered to the viechle you had st the time can't transfereit to another one,

[gar074]

But it is only registered to the viechle you had st the time can't transfereit to another one,

Bit of a moot point, this. The section 59 is recorded against the vehicle on the PNC, but the warning is given to the driver, not the car, so it's arguable that if the driver were stopped a 2nd time in another vehicle, that vehicle could be seized. In practice, however, that's unlikely to happen, because the officer on the spot won't know about the previous warning (unless it was s/he that gave it!) as the warning is recorded against the vehicle, and, as I understand it, won't show up on a criminal records check against the driver's name.

Section 59 is a much-abused piece of legislation that gives enormous power to police officers without requiring proof beyond reasonable doubt, which is the normal requirement in the criminal law.

But looking on the bright side, Dangerous, from your description of the circumstances it sounds like they might have gone for driving without due care & attention, so you've avoided a possible charge for that, and the section 59 warning won't show up on your record or affect your insurance premium.

The downside is that every time for the next 12 months that you go through an automatic number-plate check , the PNC will flag up that a section 59 warning's been issued, and you may find your driving coming under closer attention from the boys in blue than would otherwise have been the case.

Also, make sure you keep your tax & insurance up to date, because if the vehicle is seized and it's not covered, it could be crushed, as opposed to you having to pay the standard charge (usually in the region of £150-£200 ) to recover it.

Perry's case sounds to me like an abuse of the section 59 power, which only arises where a police officer in uniform has reasonable grounds for believing that the vehicle's been driven (with the emphasis on the word "driven") without due care and attention or without reasonable consideration for other road users, and is causing, or likely to cause, alarm, distress or annoyance to members of the public.

It shouldn't therefore apply when vehicles are simply parked up in a group (eg on a meet). If, on the other hand, the vehicle was seen doing donuts before it was parked up , that's another matter!

[Perry]

Gar you sound like a cop. Lol are you?

[SiM22]

Gar you sound like a cop. Lol are you?

Thats what i was thinking, but thought i would keep quiet lol

[Perry]

Lol. Hmm we'll see at the next meet. He'll be the one with the blue lights behind the grill

[mbartlett]

I think he knows too much information for a policeman! When does a policeman know the law that well, I reckon he's a: been caught him self and knows this bit inside and out or b: lawyer type job
Or may be MI5...... I've seen spooks he may be a spook!
Or may be ,,,,,, hey Perry was that you i saw doing 194mph in 3rd gear the wrong way down the m5 the other night? ....... now lets wait and see if Perry gets a letter from the lure!
I do not think a policeman would have a 2cv as his avatar either, unless he was a spy...
Maybe gar is a fiat 500 owner who got nicked by the police under section 59 and then bought a ds3 to loose the pnc on the fiat 500...
Or maybe just maybe gar is chief of police and will change the law for ds3 drivers that we are above the law and this section 59 oojamaflip.

Goto go now I have a drug deal to do to which funds the gun trading business - ak47 with a n ounze of charlie anyone? ... gar??? lol

Everything i said will be taken down and used in evidence against me... uh? lol ;-)

[Parafilm]

I believe that good ol' gar is a lecturer in law. From a previous thread about jobs etc.
So he can't prosecute you but he may use you in his lectures, so you have the fear of having your street cred (if you have any, i'm not sure about myself tbh) ruined forever.

[ZACK]

My Section 59 Was Given To Me By A Copper Who Thought That My Exhaust On My Astra Was Too Loud Even When The Engine Was Idle / 1000 RPM - Which It Was

I Was At The Top Of A Multi-Storey Car Park, He Was Out On The Street + He Said He Heard Me And Actually Waited At The Exit For Me To Come Out !

Im Sure They Got Better Things To Do...

[Bigfeet]

Im Sure They Got Better Things To Do...

And what miss giving you an easy ticket!

[Dangerousfish]

Yeah, it's been dealt with under section 59. Basically means if I'm driving "dangerously" or causing or an officer believes I have the potential to cause distress my vehicle can be confiscated at their whim.

As Gar said, I was extremely luck to get away with just a section 59. The first thing the officer said to me was "Tell me why I shouldn't be arresting you for dangerous driving?"

eeeh, well. At least the MPG is back at an acceptable level now that I'm driving a bit more cautiously.

Silly me

[gar074]

I believe that good ol' gar is a lecturer in law. From a previous thread about jobs etc.
So he can't prosecute you but he may use you in his lectures, so you have the fear of having your street cred (if you have any, i'm not sure about myself tbh) ruined forever.

I'd like very much to be able to own up to mbartlett's suggestion that I'm a spook, but nothing so exciting, I'm afraid - I'm just a teacher who's spent far too many years of his life getting his head around regulations of all sorts, and who knows a badly-drafted law when he sees one!

Rest assured that there's no chance of me using any section 59 stories in class, as I don't teach that kind of stuff.

And in any event, I've learned over the years to be discreet about what I share with my students, on account of the following story (which, as God is my witness, is 100% gospel truth) .

About 15 years ago I had a second-hand Espace that was known in my family as The Bastard Renault From Hell - for reasons you can probably imagine. In 4 years of ownership, everything that could go wrong did go wrong, usually very expensively, and the dealers never seemed to be able to fix it properly.

I tended to use the Bastard Renault From Hell and its many failings as a running gag in my classes, to illustrate the finer points of the Law of Contract, which I taught in those days. When I came to trade it in, I tidied it up as best I could, and crossed my fingers that the salesman wouldn't notice that, amongst other things, the engine wouldn't idle smoothly, the air con didn't work, the steering rack was creaking & groaning and the rear door-hinges were coming away from the doorframe (which is BAD NEWS on a glassfibre body). Remember that the principle of caveat emptor (let the buyer beware) applies when you're selling a car to the trade. It's up to them to find out if it has any faults, and as long as you don't misrepresent anything (eg by telling porkies, or actively concealing a known defect), you're in the clear.

As you can imagine, I couldn't believe my luck when the fresh-faced salesman offered me a p.x. price that was well above book, without even turning on the ignition! However, I didn't do the deal on the spot, as I couldn't check out the bodywork of the the car I was looking at (a secondhand 406 Estate) because it was raining. I left a £100 deposit to reserve the car and said I'd return the following day.

The following day, in the bright April sunshine, it took me no time at all to discover that the bodywork of the 406 was liberally covered in dents and fine scratches which hadn't shown up in the wet. (Apparently it had been owned by a painter & decorator who used to dump his tools & paint tins on the bonnet & the roof). I quickly decided not to go ahead with the deal, and found the fresh-faced salesman to tell him the bad news. To my surprise he didn't seem greatly bothered, and returned my cheque without a whimper. But then came the bombshell: as we parted, he gave me a wry smile & said: "That Espace of yours - it 's not the Bastard Renault From Hell, is it?"

There haven't been many occasions in my life when I've been completely lost for words, but that was one of them.

Turns out that the fresh-faced salesman was a very good mate of one of my students. When they'd met up in the pub the previous evening, the salesman had mentioned that he was selling me a car, and got the amused reply: "He's not trading in the Bastard Renault From Hell, is he?"

And that's the last time that I've exploited personal details for a cheap laugh in class ... until the next time!!

Sorry for the long post - hope you enjoyed the bedtime story!

[CooperKiller]

And what miss giving you an easy ticket!

It's so much less hassle than having to work at catching real criminals and scumbags. Probably less paperwork and legal redtape too!