Section 59
Author
Discussion

TonyTony

Original Poster:

1,882 posts

180 months

Monday 3rd July 2023
quotequote all
Did a forum search and one hasn't come up in a while.. So heres mine.

I was driving at about 4:40am.

Exited a roundabout onto a dual carriageway and accelerated, on approach there was one slow moving car. I did a standard indicated overtake with plenty of distance around the car and then pulled back into the first lane and then cruised on up to the next carriageway.

Other than the one car I passed there was no other cars on my whole journey apart from a car that must have joined the carriageway behind me off the same roundabout and overtook the same car, this car was behind me for another mile or so and sat behind me at 2 red lights.

I got to my destination and as I pulled in the car behind me flashed blues.

Police in the unmarked car gave me a Section 59 but didn't actually elaborate on what I had actually done other than as he was leaving he just said slow down.

I'm puzzled how I can drive anti-socially and cause distress down an empty carriageway and if I was speeding why didn't I just get pulled over at the scene. confused

Does this sound about right? scratchchin

marksx

5,169 posts

212 months

Monday 3rd July 2023
quotequote all
Were you speeding is an obvious question?

(Not that I'm against it)

Edit - what I'm getting at is maybe they were just being lenient due to time of day

sixor8

7,727 posts

290 months

Monday 3rd July 2023
quotequote all
I'd suggest they were checking the registration for reported stolen or uninsured first, being the scrotes' time of day (usually...). I sympathise if you were going to work at 04:40. eek

TonyTony

Original Poster:

1,882 posts

180 months

Monday 3rd July 2023
quotequote all
Yes I was going to work. frown

I probably tipped the scale closer to 80 than 70 but its a short carriageway so it will have been for about 30 seconds or so, which is what I thought it was about but a Section 59 doesn't mention speeding. But after googling I see its what they are generally given for if they can't really prove it otherwise.

They had no idea where I was going though and they only pulled me when I stopped, the motorway entrance is in the same area as well so I presume they were following me hoping to get me doing something more severe?

The interaction was fine and the female officer that was there just started talking about my car and told me it was a nice motor.

I've never been stopped in 14 years of driving, I just found it a bit bizzare!

I've just sold the car now though so I won't be getting any ANPR tag alongs hoping I do something to get my car impounded.

vonhosen

40,597 posts

239 months

Monday 3rd July 2023
quotequote all
It applies to car & driver.

So another driver in that car, or you in another car could lead to seizure if repeated.

kestral

2,123 posts

229 months

Monday 3rd July 2023
quotequote all
TonyTony said:
Did a forum search and one hasn't come up in a while.. So heres mine.

I was driving at about 4:40am.

Exited a roundabout onto a dual carriageway and accelerated, on approach there was one slow moving car. I did a standard indicated overtake with plenty of distance around the car and then pulled back into the first lane and then cruised on up to the next carriageway.

Other than the one car I passed there was no other cars on my whole journey apart from a car that must have joined the carriageway behind me off the same roundabout and overtook the same car, this car was behind me for another mile or so and sat behind me at 2 red lights.

I got to my destination and as I pulled in the car behind me flashed blues.

Police in the unmarked car gave me a Section 59 but didn't actually elaborate on what I had actually done other than as he was leaving he just said slow down.

I'm puzzled how I can drive anti-socially and cause distress down an empty carriageway and if I was speeding why didn't I just get pulled over at the scene. confused

Does this sound about right? scratchchin
Make a complaint to the Professional Standards Branch.

What The Deuces

2,780 posts

46 months

Monday 3rd July 2023
quotequote all
kestral said:
TonyTony said:
Did a forum search and one hasn't come up in a while.. So heres mine.

I was driving at about 4:40am.

Exited a roundabout onto a dual carriageway and accelerated, on approach there was one slow moving car. I did a standard indicated overtake with plenty of distance around the car and then pulled back into the first lane and then cruised on up to the next carriageway.

Other than the one car I passed there was no other cars on my whole journey apart from a car that must have joined the carriageway behind me off the same roundabout and overtook the same car, this car was behind me for another mile or so and sat behind me at 2 red lights.

I got to my destination and as I pulled in the car behind me flashed blues.

Police in the unmarked car gave me a Section 59 but didn't actually elaborate on what I had actually done other than as he was leaving he just said slow down.

I'm puzzled how I can drive anti-socially and cause distress down an empty carriageway and if I was speeding why didn't I just get pulled over at the scene. confused

Does this sound about right? scratchchin
Make a complaint to the Professional Standards Branch.
Complain about what?

“I was speeding and got a section 59 intstead of points and a fine” I demand an apology

the tribester

2,819 posts

108 months

Monday 3rd July 2023
quotequote all
Standard car, or big bore exhaust ensuring everyone else is up at 4.40am?

I never really liked Sec 59.

TonyTony

Original Poster:

1,882 posts

180 months

Monday 3rd July 2023
quotequote all
I don't know how to multi quote..

I didn't complain as such but the only way to ask anything is to record a complaint, I just requested them to elaborate. I got a reply saying we will be in touch after we have talked to the officer.. I've heard nothing since and its been 2 months.

As I said already I didn't get pulled over on the carriageway, I just got followed until I got to my destination. Were they planning on endlessly following me around until they got bored because I wasn't doing anything.

I could of driven onto the motorway, then they pull me over on the hard shoulder to tell me I got a section 59 for doing something in the last few miles which was either overtaking a car or driving about 6-7mph over the speed limit for 30 seconds. laugh

TonyTony

Original Poster:

1,882 posts

180 months

Monday 3rd July 2023
quotequote all
the tribester said:
Standard car, or big bore exhaust ensuring everyone else is up at 4.40am?

I never really liked Sec 59.
Just a standard blue Cupra, dual carriageway no housing anywhere close.

LosingGrip

8,628 posts

181 months

Tuesday 4th July 2023
quotequote all
TonyTony said:
Did a forum search and one hasn't come up in a while.. So heres mine.

I was driving at about 4:40am.

Exited a roundabout onto a dual carriageway and accelerated, on approach there was one slow moving car. I did a standard indicated overtake with plenty of distance around the car and then pulled back into the first lane and then cruised on up to the next carriageway.

Other than the one car I passed there was no other cars on my whole journey apart from a car that must have joined the carriageway behind me off the same roundabout and overtook the same car, this car was behind me for another mile or so and sat behind me at 2 red lights.

I got to my destination and as I pulled in the car behind me flashed blues.

Police in the unmarked car gave me a Section 59 but didn't actually elaborate on what I had actually done other than as he was leaving he just said slow down.

I'm puzzled how I can drive anti-socially and cause distress down an empty carriageway and if I was speeding why didn't I just get pulled over at the scene. confused

Does this sound about right? scratchchin
The section 59 says could cause alarm, distress or annoyance. Doesn't say it has. That being said, for a section 59 to be issued there has to be a due care offence. From what you've said i can't see anything that meets that treashold.

You should be given a due care ticket and the second 59. Not just the 59.

You could complain via email and say you feel its been issued wrongly.

kestral

2,123 posts

229 months

Tuesday 4th July 2023
quotequote all
What The Deuces said:
Complain about what?

“I was speeding and got a section 59 intstead of points and a fine” I demand an apology
If he was speeding he should have been prosecuted for it.

If he was speeding and the officer did not prosecute him he is acting improperly especially by then deciding to issue a sec 59 when the critera for a sction 59 had not been met.

The police officer is misusing the s59 offence. Parliament did not intend that s59 should be substitued for the offence of speeding.

Complain and get the officer in and let him explain himself.

Looks to me like bobby on power trip again!

popeyewhite

23,008 posts

142 months

Tuesday 4th July 2023
quotequote all
TonyTony said:
Other than the one car I passed there was no other cars on my whole journey apart from a car that must have joined the carriageway behind me off the same roundabout and overtook the same car, this car was behind me for another mile or so and sat behind me at 2 red lights..
And you didn't clock it was a copper?

Greendubber

14,826 posts

225 months

Tuesday 4th July 2023
quotequote all
kestral said:
What The Deuces said:
Complain about what?

“I was speeding and got a section 59 intstead of points and a fine” I demand an apology
If he was speeding he should have been prosecuted for it.

If he was speeding and the officer did not prosecute him he is acting improperly especially by then deciding to issue a sec 59 when the critera for a sction 59 had not been met.

The police officer is misusing the s59 offence. Parliament did not intend that s59 should be substitued for the offence of speeding.

Complain and get the officer in and let him explain himself.

Looks to me like bobby on power trip again!
If he was speeding and the officer didn't prosecute him he is acting improperly, really? (It was a she according to the OP, BTW)

vonhosen

40,597 posts

239 months

Tuesday 4th July 2023
quotequote all
LosingGrip said:
TonyTony said:
Did a forum search and one hasn't come up in a while.. So heres mine.

I was driving at about 4:40am.

Exited a roundabout onto a dual carriageway and accelerated, on approach there was one slow moving car. I did a standard indicated overtake with plenty of distance around the car and then pulled back into the first lane and then cruised on up to the next carriageway.

Other than the one car I passed there was no other cars on my whole journey apart from a car that must have joined the carriageway behind me off the same roundabout and overtook the same car, this car was behind me for another mile or so and sat behind me at 2 red lights.

I got to my destination and as I pulled in the car behind me flashed blues.

Police in the unmarked car gave me a Section 59 but didn't actually elaborate on what I had actually done other than as he was leaving he just said slow down.

I'm puzzled how I can drive anti-socially and cause distress down an empty carriageway and if I was speeding why didn't I just get pulled over at the scene. confused

Does this sound about right? scratchchin
The section 59 says could cause alarm, distress or annoyance. Doesn't say it has. That being said, for a section 59 to be issued there has to be a due care offence. From what you've said i can't see anything that meets that treashold.

You should be given a due care ticket and the second 59. Not just the 59.

You could complain via email and say you feel its been issued wrongly.
Not a requirement though that they be reported for the careless/due care offence for the s59 to be issued.

TonyTony

Original Poster:

1,882 posts

180 months

Tuesday 4th July 2023
quotequote all
popeyewhite said:
And you didn't clock it was a copper?
It was just headlights a distance behind me which isn't abnormal, theres alot of places of work down the same road. When I pulled into my work car park the following car was still on the road and I just saw blue lighting up the place and then it pulled in behind me.

It was a black BMW M135i though.

TonyTony

Original Poster:

1,882 posts

180 months

Tuesday 4th July 2023
quotequote all
Greendubber said:
If he was speeding and the officer didn't prosecute him he is acting improperly, really? (It was a she according to the OP, BTW)
It was a guy that spoke and the female was just stood behind him and didn't say anything, when he stood back writing up the ticket she just started small talking to me about my car.

Also what was a bit odd, she said to me is this where you work, like I randomly just drove into a car park.

Like somebody already mentioned, I think they were just following me thinking I was joy riding and hoping they could pull me for something serious. When nothing happened I had to been given something for wasting their time. irked

Or they wanted a bit of paperwork to do when they got back to get some overtime in.

Greendubber

14,826 posts

225 months

Tuesday 4th July 2023
quotequote all
TonyTony said:
Greendubber said:
If he was speeding and the officer didn't prosecute him he is acting improperly, really? (It was a she according to the OP, BTW)
It was a guy that spoke and the female was just stood behind him and didn't say anything, when he stood back writing up the ticket she just started small talking to me about my car.

Also what was a bit odd, she said to me is this where you work, like I randomly just drove into a car park.

Like somebody already mentioned, I think they were just following me thinking I was joy riding and hoping they could pull me for something serious. When nothing happened I had to been given something for wasting their time. irked

Or they wanted a bit of paperwork to do when they got back to get some overtime in.
No one wants extra paperwork or wants to do anything for to you for 'wasting their time' as you haven't. As for asking if you worked there, people drive down dead ends and all sorts when followed by the police, given the time of night etc it's a perfectly reasonable question so don't read too much into it, they wouldn't have known you actually worked there.

TonyTony

Original Poster:

1,882 posts

180 months

Tuesday 4th July 2023
quotequote all
Greendubber said:
No one wants extra paperwork or wants to do anything for to you for 'wasting their time' as you haven't. As for asking if you worked there, people drive down dead ends and all sorts when followed by the police, given the time of night etc it's a perfectly reasonable question so don't read too much into it, they wouldn't have known you actually worked there.
Yea the last bit was just a joke.

But thats the point I meant, they followed me for 5 minutes, found out who I was and where I was going and still gave me a ticket for anti-social driving driving and causing distress to the public for driving down an empty carriageway.

Greendubber

14,826 posts

225 months

Tuesday 4th July 2023
quotequote all
TonyTony said:
Greendubber said:
No one wants extra paperwork or wants to do anything for to you for 'wasting their time' as you haven't. As for asking if you worked there, people drive down dead ends and all sorts when followed by the police, given the time of night etc it's a perfectly reasonable question so don't read too much into it, they wouldn't have known you actually worked there.
Yea the last bit was just a joke.

But thats the point I meant, they followed me for 5 minutes, found out who I was and where I was going and still gave me a ticket for anti-social driving driving and causing distress to the public for driving down an empty carriageway.
Did they not explain how you were supposed to have dobe that exactly?