Chat & Social > The Bar - General Chat
Words of advice...section 59
Range Rover Blues:
Check out point 4, you have to be the person who appears to have been commiting the nuisance. They still have to PROVE you were the guilty party.
Bob696:
--- Quote from: "Range Rover Blues" ---Check out point 4, you have to be the person who appears to have been commiting the nuisance. They still have to PROVE you were the guilty party.
--- End quote ---
and from boggart
--- Quote ---n old disco and it turned out is had a section 59 notice on it from the previous owner.
--- End quote ---
The officer dosnt have to prove jack. Proof is for courts.
--- Quote ---(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;
--- End quote ---
From skibum
--- Quote ---
if we were warned by an officer, as they are required to do
--- End quote ---
(
--- Quote ---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;
--- End quote ---
There are also another couple of reasons they dont have to give a warning.
Careful what you buy folks. If it wasn't a potential problem why would a seving officer be giving us advice/warning?
I am not going to argue any more on this point. Its started to impact on 4x4s and if you are of the opinion that it will never happen to you or anyone you know then good luck to you but I think you will be disapointed.
Boggert:
If you are caught in a 4x4 on a Bridleway for example and the officer runs your car through the system and it shows a PNC marker for section 59, its up to the officer to take you car off you, even if you did NOT get the section 59 notice. :shock:
The section 59 notice is on both the car and the driver, and will last for 1 year from date of issue.
Example...
Young lad is given a section 59 for manner of driving; a week later we caught him doing burnouts and doughnuts in a local car park in his dad’s works van... we take the van off him...Dads not happy.
That’s the thing, its a hidden PNC marker and its a case of buyer beware. But if you drive the BOATS etc sensibly you'll have no problems. Just be careful who you lend your car to as well.
Section 59 can be issued if you are, were or likely to cause Distress, alarm or annoyance to other people
Or driving on Bridleways etc
And BOB696 has a very good point an officer does not have to prove anything Proof is for courts!
Lord Shagg-Pyle:
I wonder if a law coulb be brought in to stop arrogant, single minded, self- righteous, bobble hat wearing know it alls, from making right pains in the ar*es of them selves?
Boggert:
--- Quote from: "Lord Shagg-Pyle" ---I wonder if a law coulb be brought in to stop arrogant, single minded, self- righteous, bobble hat wearing know it alls, from making right pains in the ar*es of them selves?
--- End quote ---
Yes I'm sure section 5 of the public order act covers them... :twisted: :lol: however its enforcing it that’s the problem! LOL :lol:
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