The law? Section 59
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Discussion

BURNIE

Original Poster:

1,170 posts

270 months

Tuesday 29th September
quotequote all

This is now a big concern and feel this government are making a complete arse of our country, it seems if you overtook 2 cars that were driving along at slow speeds and you went past they both contacted the local police the police are now able to seize your car just because you had looked to the other drivers to be dangerous. 🤔🤔 I what's happening is just wrong.


• Removal of the Warning System: Previously under Section 59 of the Police Reform Act 2002, officers had to issue a formal warning first and wait for a repeat offense within 12 months before they could confiscate a vehicle. That requirement is now completely removed.
• Immediate Seizure: Police can impound a vehicle on the spot if it is driven carelessly, inconsiderately, at excessive speeds, or in a manner that causes alarm, distress, or annoyance to the public.
• Targeted Behaviors: The strengthened powers aim to crack down on street racing, unauthorized car meets, dangerous oversteering ("donuts"), nuisance off-road biking, and excessive speeding in local communities.
• Reclaiming the Vehicle: Owners receive a seizure notice explaining how to pick up their impounded car. To get it back, you must prove legal ownership, show a valid driving license, and provide proof of proper insurance, alongside paying statutory recovery and storage fees. Most users on Reddit agree that vehicles are held in this manner rather than being immediately crushed or permanently destroyed.
Would you like to know more about how to appeal a vehicle seizure or the exact fees and documents required to recover a car from the police pound?

bigandclever

14,391 posts

268 months

Tuesday 29th September
quotequote all
In your haste to paste that ChatGPT output you made a mistake in the thread title smile

Watcher of the skies

1,331 posts

67 months

Tuesday 29th September
quotequote all
Typical AI bks - the stupid US spelling gives it away!

Mr Penguin

4,853 posts

69 months

Tuesday 29th September
quotequote all
Presumably there is a high threshold for an overtake to result in a seized car.

remedy

2,293 posts

221 months

Tuesday 29th September
quotequote all
BURNIE said:
This is now a big concern and feel this government are making a complete arse of our country, it seems if you overtook 2 cars that were driving along at slow speeds and you went past they both contacted the local police the police are now able to seize your car just because you had looked to the other drivers to be dangerous. ?? I what's happening is just wrong.


Removal of the Warning System: Previously under Section 59 of the Police Reform Act 2002, officers had to issue a formal warning first and wait for a repeat offense within 12 months before they could confiscate a vehicle. That requirement is now completely removed.
Immediate Seizure: Police can impound a vehicle on the spot if it is driven carelessly, inconsiderately, at excessive speeds, or in a manner that causes alarm, distress, or annoyance to the public.
Targeted Behaviors: The strengthened powers aim to crack down on street racing, unauthorized car meets, dangerous oversteering ("donuts"), nuisance off-road biking, and excessive speeding in local communities.
Reclaiming the Vehicle: Owners receive a seizure notice explaining how to pick up their impounded car. To get it back, you must prove legal ownership, show a valid driving license, and provide proof of proper insurance, alongside paying statutory recovery and storage fees. Most users on Reddit agree that vehicles are held in this manner rather than being immediately crushed or permanently destroyed.
Would you like to know more about how to appeal a vehicle seizure or the exact fees and documents required to recover a car from the police pound?
Yes, please tell us more

LosingGrip

8,875 posts

189 months

Tuesday 29th September
quotequote all
Mr Penguin said:
Presumably there is a high threshold for an overtake to result in a seized car.
You've got to have an offence under S3 RTA (careless driving) plus may cause alarm, distress or annoyance to a member of the public.

A nornal overtake might cause annoyance, might alarm someone not paying attention and I guess someone might be distressed, but is it careless?

Discretion is still there as well. Dont have to seize it.

I did work on traffic, we rarely gave out S59s. Think ive seized one in 17 years for S59 (that did make me chuckle as the driver believed that it had expired but it was the next day)

Pit Pony

11,356 posts

151 months

Tuesday 29th September
quotequote all
LosingGrip said:
Mr Penguin said:
Presumably there is a high threshold for an overtake to result in a seized car.
You've got to have an offence under S3 RTA (careless driving) plus may cause alarm, distress or annoyance to a member of the public.

A nornal overtake might cause annoyance, might alarm someone not paying attention and I guess someone might be distressed, but is it careless?

Discretion is still there as well. Dont have to seize it.

I did work on traffic, we rarely gave out S59s. Think ive seized one in 17 years for S59 (that did make me chuckle as the driver believed that it had expired but it was the next day)
About 20 years ago, I was following an old biddy around a country road. 2 Lane single carriageway not quite a B road.
On this road, there is a long sweeping bend where you can see across the fields (which are 6 foot lower than the road) about 1/3 mile.
I could see that just before the next tight bend, at a junction was sat a police car.
The biddy by this time had been doing 15 to 20 mph in a bit where no self respecting driver wouldn't do 40 with the limit being 60.
So knowing there was a police car to witness my overtake, I gave my mk2 cavalier SRi with 130 back box, the full red line experience.
Probably hit 50 mph in 2nd as I went past but never got to 60 mph.
Obviously plod decided to stop me.
I obviously passed the attitude test.
They were very patronising about the age of my car. I pointed out it had recently had, new tyres, brakes and shocks and only had 70k on the clock so was barely run in.
The only time I nearly didn't pass the attitude was when it was suggested that my overtaking could have caused the biddy to panic and crash.
I used the words "With respect, if you think that someone can't actually drive and has no awareness of the world around them, don't you think you should stop them and do an eye test? I haven't broken any rules from the highway code and you actually had no reason to stop me... "
Obviously they gave me a "producer" to waste my time further"

Simpo Two

92,854 posts

295 months

Tuesday 29th September
quotequote all
The OP claimed that two drivers could report another driver and the police would then go and take the unfortunate's car.

The subsequent link on Section 59 makes no mention of this. You can't have a system where a member of the public says 'That nasty man overtook me' or whatever, and the police simply impound the miscreant's car. There wouldn't be many cars left on the roads.

Yellow Lizud

2,956 posts

194 months

Tuesday 29th September
quotequote all
I wouldn't worry about it. It's just the normal regurgitated AI crap.
No idea why some one felt the need to post it here.

paul_c123

2,455 posts

23 months

Tuesday 29th September
quotequote all
LosingGrip said:
You've got to have an offence under S3 RTA (careless driving) plus may cause alarm, distress or annoyance to a member of the public.

A nornal overtake might cause annoyance, might alarm someone not paying attention and I guess someone might be distressed, but is it careless?

Discretion is still there as well. Dont have to seize it.

I did work on traffic, we rarely gave out S59s. Think ive seized one in 17 years for S59 (that did make me chuckle as the driver believed that it had expired but it was the next day)
It is good to hear they have completely eliminated the problems with corrupt/evil police officers such as Wayne Couzens, David Carrick, Derek Ridgewell, Neil Sinclair, sorted out Charing Cross custody suite, and the dismissal of 1400 or so police officers has finally put to an end police corruption, such that they are now confident they can change motoring laws to allow the police sweeping powers without a cross-check of the courts/judges/other areas of the justice system.

the cueball

1,900 posts

85 months

Tuesday 29th September
quotequote all
Judging by the amount of flashing lights and hand gestures I get, I'm "distressing" a lot of drivers when I overtake them..

Motorbikes tend to sneak up on a lot of people I've been told.... SMIDSY.... rolleyes


kestral

2,247 posts

237 months

Tuesday 29th September
quotequote all
LosingGrip said:
You've got to have an offence under S3 RTA (careless driving) plus may cause alarm, distress or annoyance to a member of the public.
Unfortunately not.

The police just impound the car because THEY say it meets the criteria. No appeal, no need to prove in anyway that the criteria has been met.

THAT IS THE POINT you have missed.

paul_c123

2,455 posts

23 months

Tuesday 29th September
quotequote all
Anyway, here is the previous thread: https://www.pistonheads.com/gassing/topic.asp?h=0&... which is now only semi-useful since the OP decided to throw their toys out the pram and delete the original post.

FiF

48,808 posts

281 months

Tuesday 29th September
quotequote all
Regardless of the rubbishing of AI output there is one thing I'd like to point out. I'm sure nobody on PH will find themselves in this position, but forewarned is forearmed etc.

If your vehicle is seized, not just for S59 but any other reason, when you rock up to the pound to claim it you must have ALL the proper documentation. That includes, and people do regularly forget, proof of ownership.

Why do I mention that? If it is a lease car, even a private contract hire in your name, you are not the owner or registered keeper, that is almost certainly the lease company. So you will need from them, a copy of the V5C, a letter from them stating that you are their authorised agent to recover the vehicle, and possibly a copy of your leasing agreement. Read the relevant force instructions for how to proceed as they do differ, especially as you will be in the position outlined for what additional stuff is required for "Someone reclaiming the vehicle on your behalf" as in this situation you are effectively the 'someone'

These documents can take time to obtain, meanwhile you are racking up storage charges on top of the towing charge. There is also a time limit for you to do it before the vehicle is crushed or subject to disposal, so don't prat about, get on with it.

Touch wood I've never found myself in this position, but it could have happened after an insurance cock up on renewal, their fault btw, meant that my wife had been running about for best part of a week after they'd cancelled her insurance due to their admin screwing up the payment. Also we all know the motor insurance database is far from 100% correct.

Also one thing I discovered, specific procedures vary force to force.

Derbyshire https://www.derbyshire.police.uk/advice/advice-and...

West Midlands
https://www.westmidlands.police.uk/advice/advice-a...
Note they don't say it explicitly but you have 14 days.

Gloucestershire
https://www.gloucestershire.police.uk/advice/advic...
Note you have 7 days to notify them you intend to recover it.

Hope this helps.

LosingGrip

8,875 posts

189 months

Tuesday 29th September
quotequote all
kestral said:
Unfortunately not.

The police just impound the car because THEY say it meets the criteria. No appeal, no need to prove in anyway that the criteria has been met.

THAT IS THE POINT you have missed.
If its been wrongly seized, make a complaint and you wont pay. Easily done and happens when needed.

Ian Geary

5,621 posts

222 months

Tuesday 29th September
quotequote all
LosingGrip said:
kestral said:
Unfortunately not.

The police just impound the car because THEY say it meets the criteria. No appeal, no need to prove in anyway that the criteria has been met.

THAT IS THE POINT you have missed.
If its been wrongly seized, make a complaint and you wont pay. Easily done and happens when needed.
I've seen a few examples on here of s59 being applied for what appear tenuous circumstances

However, I've never seen any mention of a s59 being cancelled and a car returned with fees waived either on here, or in other car forums.

A quick google search can'tgive any examples of this.

So would you care to share a couple of examples of this?

I know it's not your job to prove your opinion, but I'm sure the police will agree that providing evidence to prove a point helps to get people to agree with you...

Bigends

6,178 posts

158 months

Tuesday 29th September
quotequote all
Ian Geary said:
LosingGrip said:
kestral said:
Unfortunately not.

The police just impound the car because THEY say it meets the criteria. No appeal, no need to prove in anyway that the criteria has been met.

THAT IS THE POINT you have missed.
If its been wrongly seized, make a complaint and you wont pay. Easily done and happens when needed.
I've seen a few examples on here of s59 being applied for what appear tenuous circumstances

However, I've never seen any mention of a s59 being cancelled and a car returned with fees waived either on here, or in other car forums.

A quick google search can'tgive any examples of this.

So would you care to share a couple of examples of this?

I know it's not your job to prove your opinion, but I'm sure the police will agree that providing evidence to prove a point helps to get people to agree with you...
Theres no chance of getting a S59 overturned

vaud

59,613 posts

185 months

Tuesday 29th September
quotequote all
Personally I always thought S59 was a bit like RIPA - badly worded legislation that was often abused (especially RIPA)

AlexRS2782

8,521 posts

243 months

Wednesday 30th September
quotequote all
paul_c123 said:
Anyway, here is the previous thread: https://www.pistonheads.com/gassing/topic.asp?h=0&... which is now only semi-useful since the OP decided to throw their toys out the pram and delete the original post.
That's not a toys out the pram deletion. If it was the account username would still be accessible and text would just show as deleted on xx date by OP. The username on that thread is now "anonymous-user" and text reads "redacted" which means that at some point whoever the OP was, be it long term or short term, they asked for PH admin to wipe their complete account including all posts / threads rather than just this one. Deletion may not have even been related to this particular thread.

For this thread, i wouldn't be surprised if it's an old account that's been taken over / password hacked given up until now it's been dormant for a fair bit and the text is clearly lifted straight from one of the AI tools.

Edited by AlexRS2782 on Wednesday 30th September 01:28