got stoppd tonight in the locost, for pulling away erracticly from a junction whats all that about? i wasnt drifting lol nor speeding but i now have a seize warning againt me and my car. what gives the police the right and the power to do this,surley they need evidence similar to speeding etc to issue this it is basicly my word against theres,also i didnt sighn anything? does this mean he was just trying to scare me? sorry like but surely on a saturday night a half ten there time could be better spent

that will be a section 59 or something, and thats valid for a year, if you get another the vehicle is inpounded till the morning or you go and pay to get it out the pound, there is NO way of fighting it, and also a member of the public can give a statemant to the police and you would get one as well, so is just your word again the other person or police officer, NO DEFFENCE, we live in a dictatorship/nanny state now. its aimed at boy racers to stop cruises, but can be used and abused by anybody against anyone, if you don't like someone, put a statement into police about unsocial driving, or car with loud stereo and they will be issued with one and have NO DEFFENCE

Buy a T-eye camera/gps recorder. Ive informed two cops before I have video/gps/speed evidence about two seperate alledged offences and they let me off.
Video is the only defence against what comes down to someones opinion.

Could anyone have reported you to the police already about the car? If they had they might have put your number plate on one of their watchlists (Our liason guy at work told us about it once, we report suspected drunk drivers to them and if they see the car about that night they stop it and investigate.)

My Dad got a Speeding ticket based on a report from a 'member of the puplic' who claimed he was doing 90 miles an hour (based entirely on them seeing it and judging speed themselves) on a 60 limit. That was more than 10 years ago though.

As everyone else has said, theres nothing you can do and trying to do anything will only cause you trouble. Having read a fair amount of stuff nitram38 has written about his, I think the T eye is the thing to get and I might get one myself.

as said above thats a section 59 we recover a couple a week mostly from young uns at cruzes wheel spinning and drifting


Seizure of motor vehicles

59
Vehicles used in manner causing alarm, distress or annoyance .(1)
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, .
he shall have the powers set out in subsection (3).
(2)
A constable in uniform shall also have the powers set out in subsection (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within subsection (1). .
(3)
Those powers are— .
(a)
power, if the motor vehicle is moving, to order the person driving it to stop the vehicle; .
(b)
power to seize and remove the motor vehicle; .
(c)
power, for the purposes of exercising a power falling within paragraph (a) or (b), to enter any premises on which he has reasonable grounds for believing the motor vehicle to be; .
(d)
power to use reasonable force, if necessary, in the exercise of any power conferred by any of paragraphs to (a) to (c). .
(4)
A constable shall not seize a motor vehicle in the exercise of the powers conferred on him by this section unless— .
(a)
he has warned the person appearing to him to be the person whose use falls within subsection (1) that he will seize it, if that use continues or is repeated; and .
(b)
it appears to him that the use has continued or been repeated after the the warning. .
(5)
Subsection (4) does not require a warning to be given by a constable on any occasion on which he would otherwise have the power to seize a motor vehicle under this section if— .
(a)
the circumstances make it impracticable for him to give the warning; .
(b)
the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person; .
(c)
the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or .
(d)
the constable has reasonable grounds for believing that the person whose use of that motor vehicle on that occasion would justify the seizure is a person to whom a warning under that subsection has been given (whether or not by that constable or in respect the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months. .
(6)
A person who fails to comply with an order under subsection (3)(a) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. .
(7)
Subsection (3)(c) does not authorise entry into a private dwelling house. .
(8)
The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 60 are in force. .
(9)
In this section— .
“driving” has the same meaning as in the Road Traffic Act 1988 (c. 52);
“motor vehicle” means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; and
“private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.

[Edited on 25/7/10 by afj]

police let there power get to them, i was once delivering i stoped on a double yellow line which dependin on what the sign says you can park there and i was parked there at the right time and he was trying to tell me to move and i said no the sign says i can parked there, he was just sayin if police tell you to move you move and i still said no am not moving am parked legaly and am working, he was telling me i could loose my license, in the end he got the hump and went, what is he gonna tell the judge in court, i was telling him to move while he was working and legaly parked becouse am a policeman and i can do what i want!

so really the police can just pass these out willy nilly and theres nothing we can do? what a great way for them to make money nearly as good as speed cameras well looks like im gunna have to watch my p's and q's for a year

I thinks its safe to say that the law in SA is a bit less dilegent. Was just reading this thread.

HERE

Note, I do not condone some of the activities depicted.

Cheers

Fred W B







[Edited on 25/7/10 by Fred W B]

I'm afraid you are fecked my freind.
My son got one ( wheelspin) and followed up by a letter confirming the same.
OK he was a tit and deserved it.
About 8 months later ( night before he was taking us to the airport for Kenya)
He was clocked wheel spinning again ( tit) at 9.30pm by an unmarked car
(aledgedly)(sp)
But not pulled untill 11.45pm by a marked car. despite his protests and the fact that he admitted he was wrong and would pay the fee instantly (£125) he was refused etc and they towed the car away ( 60 mile round trip to get it). Then left to get his own way home good job it was not a young lass who is then subsequently raped walking home on her own in a dodgy area.IMHO it could/will happen.
No legal advice possible as already said you have NO DEFENCE.
2 months later the BIB are at the door looking for advice/help on another matter.You can amagine their faces when told basically that a house of 5 law abiding citizen no longer feel that they can help the polce due to previous circumstance and a toal disbelief at how the system works. ( if you are a crim then you are protected if you are PERCIEVED by anyone to be out of order and you have a no plate then you pay for it big time.)
ARGH so much anger has arisen from this event for . My help the police days are over.
Chances are that on a quiet day ( for the police) you WILL now be puled and the car taken away ( get your wallet out). That way they keep their statistics up.
And no matter what some on here will tell you, about the police in their area, untill it happens to you you will still find it unbelievable.

Good luck and keep a low profile.

Oh and as an aside the car WILL have a flag against it ( so someone else can get done in that car) AND you will have a flag against you ( so you can get done in another car belonging to someone else which can be taken as well)

Sounds like a copper can stick one of these on that 911 because he doesn't like the look of the guy and then get someone else to do another one and have that Porsche taken off the smug git..

I got threatened with one of these for 'pulling away quickly' (no wheel spin) in my wifes fiesta ST. I laughed it off at the time but thinking back now the section 59 should surely be considered a breach of human rights - artcle 6 -Right to a fair trial http://news.bbc.co.uk/1/hi/uk/946400.stm

Time for a suggestion to the gov me thinks:

http://yourfreedom.hmg.gov.uk/repealing-unnecessary-laws/repeal-the-law-police-reform-2002-which-permits-the-police-to-seize-your-vehicle-under-s ection-59-without-any-evidence-of-wrongdoing-and-without-any-recourse-to-the-courts

[Edited on 25/7/10 by loggyboy]

pretty much doesnt it, they can just hand them out left and right and we cant do sweet nixie about it

Just as a thought, how can a crime have happened if no evidence (not even one person's description) can be presented?

quote:

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I got threatened with one of these for 'pulling away quickly' (no wheel spin) in my wifes fiesta ST

---

I had this problem in about 99 ish, overtook a pug 306 which was 6 up (about midnight, bunch of friends coming from a pub perhaps) and going v slow in front of me generally being a nuisance.

I was in a quickish car so got it over and done with quite briskly, after coming around a corner which was double white lined, I waited until the lines stopped and the road straightened then passed them.

Turns out one of the people in the 306 was a copper off duty. By the next day, I had alledgedly passed her in an unmarked car, plus another vehicle, whilst going around a blind left hand bend a further mile up the road, and was now going to get a summons. I ended up telling them I don't know what they're on about and she let it go in the end, after about 2 months of letters back and forth. She couldn't remember the time of the alleged offence and came up with a time when I could prove I was elsewhere. Maybe it was alchohol impairing her judgement, but wait a minute, I forgot, she was in an unmarked car on duty wasn't she?, strange that one eh!, especially as I pulled over at my house about 2 mile after the alleged incient, which would have been the perfect time to stop me and have a word, no?


I also had to go to court to defend my brother who got "caught" apparently "flying, literally all 4 wheels off the floor, as he crested a hill" in a 1.0 punto, yeah ok.....

That was funny. The bib said they had to take evasive action when he came towards them, but they stopped short of mounting the kerb as he came past. It was a great look on their faces when in court, we presented photos showing the road just being wide enough for 2 vehicles, meaning if he had taken evasive action yet not mounted the kerb, then the police car had approached the brow in the centre of the road.

Then they decided to question his parner. She stood up then when asked about the layout of the road, she sort of did a kung-fu esque movement with one of her hands, whilst staring into space, she"sorry I can't remember"

Pleaseure, off with that too then...........

Unfortunately with the Police Constable Sort Of's (PCSO) and every one and their granny now having 'powers' you can get a fixed penalty notice for practically nothing these days. There is supposed to be a question of whether proceeding with somthing is in the public interest. I have a friend who got a phone call (he's ex-directory) from a waste recycling "agent" one day giving his 20 question and was trying to give him a fixed penalty for putting some rubbish in the wrong skip at a tip! It turns out that they had gone through a bag of rubbish and found a letter with his name one it.
Where is that productive I can only hope that the hundreds of jobsworths that Labour took on to spy on us are the first to go in the cutbacks

This is something I have been thinking about recently, we have a fair few hoons down here on the South Coast and just prior to our last one a police car just happened to drive down the road we had met on (in the middle of nowhere @ 6.00am)

He had a long chat with the organsier and then said he wanted to have a chat with all of us, we all had to stand around to be given a small talking too with the added point that he had radioed all our plates in (which he did do), and hoped we 'wouldn’t let him down' but to go off and have fun but don't be stupid

But, what worries me is where are our number plates registered and are we all on the ANPR system, will we be pulled if out and about for a general drive or pulled if out and about with others etc

edited to add: although he radioed our plates in, he was fine with us and could have had a field day with small plates etc but didn't. He said he knew we wern't boy racers but I think that was due to our ages



[Edited on 25/7/10 by spdpug98]

one time i was parked up half on the pavement and half on the road while talking on the phone and some cyclist hit me up the ass, i had an escort van and he dented one of my doors at the back, he was a bit dazed and cut his lip non of my fault as i was stoped and parked anyway he started taking my number plate down and demand i took him to the hospital i said what ever mate and i fukt off, a few weeks later had a leter to say id done a hit and run on that cyclist i just put the letter in the bin i think about 3 or 4 letters came i just kept chucking them in the bin i`ve bin pulled over since and nothing as happend!
they never bothered to come to my house, and really i should of charged the cycllist for the dammage to my van but as we all know who the law favers even tho i was stoped they would of found a way that i should be paying him, if you ever get letters from the police about stupid things like someone has spotted you doing 210mph past the pub while they came out drunk and could still judge ur speed fuk them bin it until they come to your house dont worry about it, photographic evidance they might of taken the wrong number plate down ur car could belong to a fleet of cars so i.e MK04YND AND MK04YNE same car proberbly same colour and the guy missread the number or over the phone D and E sound the same!

quote:

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Originally posted by spiderman01980
one time i was parked up half on the pavement and half on the road while talking on the phone and some cyclist hit me up the ass

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no he was riding on the road he just wasent watching wer he was going but if i wasnt parked there he would of hit the car that was parked in front of me and its a road where you are allowed to park half on the road and half on the pavement!

quote:

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Originally posted by Peteff

quote:

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Originally posted by spiderman01980
one time i was parked up half on the pavement and half on the road while talking on the phone and some cyclist hit me up the ass

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You've admitted to being parked on the pavement so you are automatically in the wrong, they should throw the book at you. If he was riding on the pavement they should nick him as well.

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quote:

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Originally posted by spiderman01980
its a road where you are allowed to park half on the road and half on the pavement!

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quote:

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Originally posted by spdpug98

and hoped we 'wouldn’t let him down'

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Section 59 is an incredibly bad bit of legislation (and look who introduced it, what a surprise, not!). It's simply not needed, and it is hugely abused by local government and the police.