S.59 Warning - Confiscate Ferrari
Discussion
Hello chaps.
This Sunday I received a Section 59 warning whilst driving my car (Yellow F355 Ferrari). This gives the police power to confiscate my car if I am deemed to be driving in an anti social manner. This is annoying as I have a loud (but road legal) exhaiust system - ho hum.
I was not speeding at the time.
I was involved with a Ferrari Chartity day (basically taking kids out for rides). I intend to appeal to have this revoked on the advice of the officers in attendance at the event.
However, I had the car valeted on Sunday afternoon and it appears the cleaners inadvertantly threw away my copy of the ticket.
Q). Is there any way I can get a copy or the details which I need for my appeal?
Many thanks in advance.
This Sunday I received a Section 59 warning whilst driving my car (Yellow F355 Ferrari). This gives the police power to confiscate my car if I am deemed to be driving in an anti social manner. This is annoying as I have a loud (but road legal) exhaiust system - ho hum.
I was not speeding at the time.
I was involved with a Ferrari Chartity day (basically taking kids out for rides). I intend to appeal to have this revoked on the advice of the officers in attendance at the event.
However, I had the car valeted on Sunday afternoon and it appears the cleaners inadvertantly threw away my copy of the ticket.
Q). Is there any way I can get a copy or the details which I need for my appeal?
Many thanks in advance.
Speed has nothing to do with it really.
What was the manor of your driving? It would need to be careless or inconsiderate and cause harassment alarm or distress. ( i assume the noise of the exhaust covers the second part)
To get a copy you will need to goto the police station and ask for a copy.
What was the manor of your driving? It would need to be careless or inconsiderate and cause harassment alarm or distress. ( i assume the noise of the exhaust covers the second part)
To get a copy you will need to goto the police station and ask for a copy.
Many thanks chaps.
I accelerated hard from a roundabout (on a large dual carriage way so no danger). When the byepass valve opens it makes a loud scream - hands up I can see why some might not like it, but I wouldnt class it as grounds to confiscate my car in future especially as it was for charity. Hardly the same as boyracing round a town centre
I don't know about the appeal process.
It is just really annoying as I am a considerate driver and have a clean license.
I guess I will just have to get used to police harrassment over the next 12 months as this will act as a red marker every time my plate gets checked.
I accelerated hard from a roundabout (on a large dual carriage way so no danger). When the byepass valve opens it makes a loud scream - hands up I can see why some might not like it, but I wouldnt class it as grounds to confiscate my car in future especially as it was for charity. Hardly the same as boyracing round a town centre
I don't know about the appeal process.
It is just really annoying as I am a considerate driver and have a clean license.
I guess I will just have to get used to police harrassment over the next 12 months as this will act as a red marker every time my plate gets checked.
^Slider^ said:
Speed has nothing to do with it really.
What was the manor of your driving? It would need to be careless or inconsiderate and cause harassment alarm or distress. ( i assume the noise of the exhaust covers the second part)
To get a copy you will need to goto the police station and ask for a copy.
I see you are an officer. Many thanks for response.What was the manor of your driving? It would need to be careless or inconsiderate and cause harassment alarm or distress. ( i assume the noise of the exhaust covers the second part)
To get a copy you will need to goto the police station and ask for a copy.
Not meaning to be a whinger - willing to take it on the chin etc. just concerned I will be constantly pulled in future.
For what it's worth the warning only lasts 12 months. I have no idea what the appeals process is for one of these. I guess you would need to contact the local force as they should have a record of who issued the warning (PNC check required) and then possibly find out who that officers Inspector is and write in pleading your case.
Good luck with this one.
Good luck with this one.
FiveStar said:
Is this a warning to the driver or the vehicle? i.e. if the driver is caught driving in the same manner in another vehicle would that vehicle be taken? or what if someone else was driving the yellow fezza and got another s.59 thing?
I believe it is both!I think the idea of it is to act as a deterrent for kids pulling handbrake turns in housing estates.
^Slider^ said:
Speed has nothing to do with it really.
What was the manor of your driving? It would need to be careless or inconsiderate and cause harassment alarm or distress. ( i assume the noise of the exhaust covers the second part)
To get a copy you will need to goto the police station and ask for a copy.
This is the danger of this particular bit of legislation as this notice could be served if a Bib didn't like the fact one had a Ferrari or any other "exotic" car and used the alleged revving as an excuse to serve the notice.What was the manor of your driving? It would need to be careless or inconsiderate and cause harassment alarm or distress. ( i assume the noise of the exhaust covers the second part)
To get a copy you will need to goto the police station and ask for a copy.
There is no appeal. In fact there's nothing to appeal. There is no ticket*.
You could write to your CC to ask him to review and withdraw the issuing of the warning. Your next step would then be to initiate a judicial review of the administration of the law. This will cost you a minimum of around £10k in legal bills - if you were permitted to proceed. And you'd lose as the law is worded so that the officer simply needs reasonable suspicion to issue the warning.
As posted previously it is not enough that your exhaust was loud and scared an old granny - it must have been careless / inconsiderate driving (or off-road). Not a cat in hell's chance of succeeding with a S3 prosecution for accelerating away from a roundabout noisily (else every ESV would need to take a charge on nearly every trip).
Sorry - you've been had by your Government on this one. I'd ask for a refund if I were you.
You could write to your CC to ask him to review and withdraw the issuing of the warning. Your next step would then be to initiate a judicial review of the administration of the law. This will cost you a minimum of around £10k in legal bills - if you were permitted to proceed. And you'd lose as the law is worded so that the officer simply needs reasonable suspicion to issue the warning.
As posted previously it is not enough that your exhaust was loud and scared an old granny - it must have been careless / inconsiderate driving (or off-road). Not a cat in hell's chance of succeeding with a S3 prosecution for accelerating away from a roundabout noisily (else every ESV would need to take a charge on nearly every trip).
Sorry - you've been had by your Government on this one. I'd ask for a refund if I were you.
- There is no spoon?
7db said:
There is no appeal. In fact there's nothing to appeal. There is no ticket*.
You could write to your CC to ask him to review and withdraw the issuing of the warning. Your next step would then be to initiate a judicial review of the administration of the law. This will cost you a minimum of around £10k in legal bills - if you were permitted to proceed. And you'd lose as the law is worded so that the officer simply needs reasonable suspicion to issue the warning.
As posted previously it is not enough that your exhaust was loud and scared an old granny - it must have been careless / inconsiderate driving (or off-road). Not a cat in hell's chance of succeeding with a S3 prosecution for accelerating away from a roundabout noisily (else every ESV would need to take a charge on nearly every trip).
Sorry - you've been had by your Government on this one. I'd ask for a refund if I were you.
Nope, all I got the ticket for is accelerating hard with a Capristo exhaust. I cannot see how that is careless or inconsiderate - there was no wheelspin, the speed limit was not exceeded, I was not firing a shotgun in the air etc. The only thing I did wrong was make a lot of noise going past a policeman writing a ticket.You could write to your CC to ask him to review and withdraw the issuing of the warning. Your next step would then be to initiate a judicial review of the administration of the law. This will cost you a minimum of around £10k in legal bills - if you were permitted to proceed. And you'd lose as the law is worded so that the officer simply needs reasonable suspicion to issue the warning.
As posted previously it is not enough that your exhaust was loud and scared an old granny - it must have been careless / inconsiderate driving (or off-road). Not a cat in hell's chance of succeeding with a S3 prosecution for accelerating away from a roundabout noisily (else every ESV would need to take a charge on nearly every trip).
Sorry - you've been had by your Government on this one. I'd ask for a refund if I were you.
- There is no spoon?
jdw1234 said:
^Slider^ said:
Speed has nothing to do with it really.
What was the manor of your driving? It would need to be careless or inconsiderate and cause harassment alarm or distress. ( i assume the noise of the exhaust covers the second part)
To get a copy you will need to goto the police station and ask for a copy.
I see you are an officer. Many thanks for response.What was the manor of your driving? It would need to be careless or inconsiderate and cause harassment alarm or distress. ( i assume the noise of the exhaust covers the second part)
To get a copy you will need to goto the police station and ask for a copy.
Not meaning to be a whinger - willing to take it on the chin etc. just concerned I will be constantly pulled in future.
The S59 as i understand it lasts for 12 months and cover you driving another car and anyone driving your car.
So if your mate drives yours and contravenes S59 then the car will be seized. If you drive another car and do similar then again that car will be seized.
It is a powerfull but usefull bit of legislation if used properly.
Designed to target anti social use of motorvehicles. (cruses etc) where wheel spinning and displaying is taking place. Not really designed for what you say happened.
But i guess if you were seen to be doing the same thing a couple of times then it could become displaying maybe.
Out of curiosity did you do the same route?
If so someone may have complained about the car displaying by doing the hard acceleration on a number of occasions at the same location.
Plotloss said:
And now you see why S59 is a power that is massively subjective, hugely open to abuse and has been implemented with no thought whatsoever.
It is but it has its uses, i agree in the curcs described it may be a bit harsh.Should have been written with "if 2 or more vehicles in an area ........." rather than a standalone power.
Me personally if i am going to S59 you or seize the vehicle then i will be prosecuting for careless driving as well.
No point in warning for careless and take your car if your not going to follow it up.
t law leaves room for s^Slider^ said:
jdw1234 said:
^Slider^ said:
Speed has nothing to do with it really.
What was the manor of your driving? It would need to be careless or inconsiderate and cause harassment alarm or distress. ( i assume the noise of the exhaust covers the second part)
To get a copy you will need to goto the police station and ask for a copy.
I see you are an officer. Many thanks for response.What was the manor of your driving? It would need to be careless or inconsiderate and cause harassment alarm or distress. ( i assume the noise of the exhaust covers the second part)
To get a copy you will need to goto the police station and ask for a copy.
Not meaning to be a whinger - willing to take it on the chin etc. just concerned I will be constantly pulled in future.
The S59 as i understand it lasts for 12 months and cover you driving another car and anyone driving your car.
So if your mate drives yours and contravenes S59 then the car will be seized. If you drive another car and do similar then again that car will be seized.
It is a powerfull but usefull bit of legislation if used properly.
Designed to target anti social use of motorvehicles. (cruses etc) where wheel spinning and displaying is taking place. Not really designed for what you say happened.
But i guess if you were seen to be doing the same thing a couple of times then it could become displaying maybe.
Out of curiosity did you do the same route?
If so someone may have complained about the car displaying by doing the hard acceleration on a number of occasions at the same location.
I think I got slapped with that as an example - shame really as I took care only to accelerate on dual carriage way and go quiet anywhere near houses.
I can see myself getting pulled over all the time now. Really annoying as I never go to cruises and certainly don't wheel spin etc.
Can you confirm one point - does the plate flag up S59 automatically when you drive past e.g. acts as a redflag to a bull to pull me over. Or, do they pull me over, decide to do a check and then find S59 (not really a problem as I don't tend to get pulled).
Appreciate your response.
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