Any way to appeal length of warning/"asbo"?

Any way to appeal length of warning/"asbo"?

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Discussion

alexnessie

Original Poster:

136 posts

157 months

Thursday 22nd January 2015
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In the snow the other week, I was doing a little bit of sideways in the MX5, just to get the hang of it in the snow as it does handle a little differently than everything else I've owned.

Of course, being in an empty car park at night time, outside of town, must mean that I am up to no good, and as Police Scotland hate fun, I didn't notice the unmarked silver Mondeo sneaking up on me. Blue lights, "step into our car please sir", etc etc.

I was given what they called a "motoring ASBO," which the officer assured me would last for 6 months. The letter arrived today and it states 12 months.

Now, as this is contrary to what I was told and agreed to accept, do I have any ability to appeal this?
Are conversations recorded in unmarked cars?

I'm happy to accept the original "offer" which was 6 months as yes, I was guilty of having a bit of fun, but a year was not what was offered by the officer.

Thanks all.

AndrewEH1

4,917 posts

154 months

Thursday 22nd January 2015
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I did the same as you when it snowed in Edinburgh, but made sure to keep windows open, music off and keep and eye out for Police.

If it was an S59 I don't think you can appeal them, be aware that if you receive another one within the 12 months they can tow your car away. Oh and as far as I am know there is no such thing as a 6 month one, only 12 months.

alexnessie

Original Poster:

136 posts

157 months

Thursday 22nd January 2015
quotequote all
It was our equivalent of a S59 as it's not valid in Scotland, the exact title of the letter is "Vehicle Seizure Warning Notice."

Hmm, I was assured in the car it was only 6 months as I did ask a couple of times, "Are you certain? I've never heard of them being less than a year" and was told by the officer multiple times it was 6 months, which is why I'm hoping they record the conversations. I know our marked cars are fitted with a (quite fancy looking) recording system with three cameras pointed into the back and covering the officers, but I didn't spot these in the unmarked vehicle.

Craigie

1,227 posts

180 months

Thursday 22nd January 2015
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In the bad snow a couple of years ago I took my Seat Altea with wife and 2 kids up to the Lidl car park which was covered in snow. Lots of fun, power slides, hand brake turns etc.....

Then a Police X5 drove in.......

Spoke to the copper, explained, similar to OP , I was just trying to see how car reacted and also to show my 17 year old daughter who was in process of learning to drive, how to react to skids, ABS noise etc.

Copper was happy with that and actually said along the lines of what a great idea and left me to it!

So ditch the mx5 and get a diesel MPV and you will be fine ! smile

SSC!

1,849 posts

181 months

Saturday 24th January 2015
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alexnessie said:
In the snow the other week, I was doing a little bit of sideways in the MX5, just to get the hang of it in the snow as it does handle a little differently than everything else I've owned.

Of course, being in an empty car park at night time, outside of town, must mean that I am up to no good, and as Police Scotland hate fun, I didn't notice the unmarked silver Mondeo sneaking up on me. Blue lights, "step into our car please sir", etc etc.
Did it happen to be the retail park by any chance lol.

Humper

946 posts

163 months

Saturday 24th January 2015
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Hammer that's being used to crack nuts, got one myself for a wee wheelspin(8 foot tyre mark on the polished granite part where the tyre let go) It's an easy bonus point for them, no way to appeal, I did seek legal advice at the time, not on here but from a real lawyer... wink Big issue is that now you risk seizure of your or any car you are driving if PC Pork "decides" you have been "anti social", no guidelines, just the officers "opinion" is enough. Basically Judge Dredd is here frown


Oh, and if you drive a company vehicle I would highly recommend not informing them, then that way they can't seize your company vehicle(or if they do, they are breaking the law)

MGZRod

8,087 posts

177 months

Saturday 24th January 2015
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I managed to get one a while ago. Turned on to king St at about 11:30PM, roads were dead, engine had only been turned on a minute before so wasn't booting it at all/going quickly.

Roll on the undercover police car behind me pulling me over "you were going far too fast round there, we could tell by the noise your car was making" despite the exhaust at the time being quite quiet with a fair few silencers!

2 officers against me, and they threatened me with 6 points but got an asbo instead.

Quite annoying, wouldn't have minded if I'd actually done anything/had been driving quick, would've raised my hands!

ruggedscotty

5,629 posts

210 months

Saturday 24th January 2015
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Terrible whats happening ? can we no have a little bit of fun....

robertrobertson

60 posts

112 months

Saturday 24th January 2015
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Scum bags mate cant enjoy your self at all these days waeout the bizzies stick in there noses in

alexnessie

Original Poster:

136 posts

157 months

Saturday 24th January 2015
quotequote all
SSC! said:
Did it happen to be the retail park by any chance lol.
No actually! Without saying the exact spot, it was near Milton of Leys, but the nearest house was quite a distance away.

The retail park seems to be the safest area to be a tt these days funnily enough, I've seen a video of some of the stuff that goes on up there and whilst I like a bit of fun as much as the next person, there's a couple of people who I could only describe as "bellends" causing a lot of trouble.

Weirdly, when I "tested the traction abilities" of my Sierra Sapphire last year, the police gave me a thumbs up. I suppose the MX5 just looks like it needs an asbo.

SSC!

1,849 posts

181 months

Saturday 24th January 2015
quotequote all
alexnessie said:
SSC! said:
Did it happen to be the retail park by any chance lol.
No actually! Without saying the exact spot, it was near Milton of Leys, but the nearest house was quite a distance away.

The retail park seems to be the safest area to be a tt these days funnily enough, I've seen a video of some of the stuff that goes on up there and whilst I like a bit of fun as much as the next person, there's a couple of people who I could only describe as "bellends" causing a lot of trouble.

Weirdly, when I "tested the traction abilities" of my Sierra Sapphire last year, the police gave me a thumbs up. I suppose the MX5 just looks like it needs an asbo.
Lol always spotted you there in the MG on the rare times I managed late night shopping. I can here the bellends bouncing the limiter at 3am from the retail park and I stay up near Westhill so regardless how close the house someone might have reported you.

As for appeals, a few years back I had a speeding charge and received 3 points on my letter which I was thankful for, only months later when my mum was looking for my paper licence did she notice 6 points has been added. When I raised this I was told it was a clerical error and I did get 6 points on my court date. So wouldn't count on an officers word I'm afraid.

McWigglebum4th

32,414 posts

205 months

Sunday 25th January 2015
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Be thankful

Many a kid has got a 12 month ban for dangerous driving for exactly the same antics


harvey669

40 posts

145 months

Sunday 25th January 2015
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What amuses me the most about this post if you all know that these actions are taking a risk! You know that you could potentially get caught yet the desicion making process has resulted thinking ''sack it,' I'm going to take that risk. So you got unlucky and got caught. You know you could before you embarked in the activity. There are two types of ASBO too. One against the car. One against the car and driver. I'd imagine you will have been issued the latter as it was the drivers actions rather than the vehicle that where at fault.