Chat & Social > The Bar - General Chat
Fail to stop...
drmike:
Doesn't the section 59 go with the car as well so that when I buy it in all good faith and ignorance and drive in a manner that annoys a police officer and I get a Section 59 then I'll lose the car?
I don't like Section 59 one bit - it's not fair on serving police officers to be judge and jury and to get it right every time. They are after all human and it only takes two of them to look askance aat your behaviour and think 'a section 59 will learn him' and you've lost your car which won't have been their intention at all.
In the example cited originally I can't see why the failing to stop was an issue. Was it indicated he should - it's simple yes or no. If he had been then he failed to stop. It's just as black & white as deciding the Section 59 except he can go to court and put his side of the story which seems to be justice.
Section 59 and its ilk put in place by quick fix politicians stinks - all in IMHO.
Mike
MuddyMike:
Having been involved with assisting emergency services during floods in my old home county of Norfolk a few years ago. The most annoying aspect of vehicles trying to drive through floods was the wash they caused. Ok a truck can drive through 18 inches of water and get away with it, but the wash they cause sends waves of water over, and sometimes destroying carefully built sand bag barrages.
Ok it can be fun to drive through floodwater, but just think of the damage your wash might be causing.
Mike
Boggert:
I agree with the 59 being on the car and some poor sod buying the vehicle and not knowing its there is unfair, couldn't agree more. However these show up on ANPR so it needs to be there.
If you find one on your car, just apply to the issuing police force to get it removed. they may be able to help. It also only lasts a year.
Just remember chaps there has been this thing called "Officer Discretion " this has been around from year dot!
If the Police issue a parking ticket, speeding ticket or even a £80 disorder ticket. you are acting as a Judge... remember if you not happy just object and go to court, you can do this with a S59. I have known it happen once... and they lost so it stuck.
drmike:
That is the frirst time I have ever heard of any option to go to court on a Section 59. I thought once issued that was it and there was no right to trial and no appeal,
I thought the main idea the politicians had with laws like that was to avoid the use of courts with inevitable delays and cost.
Officer discretion is fine right up until they are judge and jury. Fine give me a speeding ticket, I'll go to court if I think it's wrong same with parking. I had the idea confirmed by others that was not an option on Section 59.
Mike
Boggert:
--- Quote from: "drmike" ---That is the frirst time I have ever heard of any option to go to court on a Section 59. I thought once issued that was it and there was no right to trial and no appeal,
I thought the main idea the politicians had with laws like that was to avoid the use of courts with inevitable delays and cost.
Officer discretion is fine right up until they are judge and jury. Fine give me a speeding ticket, I'll go to court if I think it's wrong same with parking. I had the idea confirmed by others that was not an option on Section 59.
Mike
--- End quote ---
There is no option, he took a civil action out against the police to have it removed and lost!
The section 59 is just a written warning...thats all, its having the vehicle seized that costs money.
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