Oh goody, I've got myself a section 59.
Discussion
Well I had a fantastic evening last night. Went down to the local Tescos to do the shopping with the other half. Took the Clio cause it needed a bit of a run out. Parked up as normal and noticed a panda car cruising around but thought nothing of it. Came out about an hour later, noticed a small gathering of chav wagons at the other end of the car park which is nothing out of the ordinary so again I though nothing of it. Shopping in the away we went but didn't get out before the panda car we saw before came belting across the car park with the full show going. Naturally I stopped thinking it was just a routine check.
Got the tap on the window 'would you mind stepping out sir' (at least I was addressed properly but thats where the pleasantries ended) 'Would you mind telling me why you are driving around a car park at this time of night'? Slightly bemused I explained that I'd been shopping with the missus which we do a bit later than normal to miss the crowds (it was still only 8.30 though) to which I received a disbelieving look. I had to produce the receipt!
'We've had reports of loud music and engines being revved, nothing to do with you was it'? Showed the pc the scaffolding in the boot and then the switch panel where the stereo should be and reiterated the fact we'd been in the shop for the past hour.
'Your exhaust is quite loud though isn't it'. 'Not massively, no. It was measured at 89dB last time the car was scrutineered' Arguing was probably not the best thing to do seeing as the pc was determined to get me for something.
'Ah competition car is it then'? 'Yes I use it for road rallying (thinking he was taking an interest)'
'Well i'll have to do some checks then' He proceeded to check absolutely everything getting redder faced by the minute. Goes to have a word with his partner.
'Right sir, im issuing you a section 59 notice blah blah blah'.
'Umm whats that for then'?
'Using a competition vehicle on the road'
'Thats not illegal though is it, especially as said vehicle is used in open road events and scrutineered as such'
'That is a competition exhaust and is causing a disturbance'
'Fantastic. Is this going to cost me anything'?
'Not at the moment but if you get caught again blah blah blah'
'Well there we are, there will be a strongly worded letter on its way to your chief constable tomorrow morning, goodnight'
So there we are. Section 59'd for going shopping. Still only a year left at uni then we're off to whatever county will take us, thank god.
I guess its highly likely that if my letter falls on deaf ears then if I meet the same pc again, I'll have my car confiscated at which point I think I'll get the MSA involved.
Rant over. Sorry for the length, got a bit carried away. The law really is an ass.....
Got the tap on the window 'would you mind stepping out sir' (at least I was addressed properly but thats where the pleasantries ended) 'Would you mind telling me why you are driving around a car park at this time of night'? Slightly bemused I explained that I'd been shopping with the missus which we do a bit later than normal to miss the crowds (it was still only 8.30 though) to which I received a disbelieving look. I had to produce the receipt!
'We've had reports of loud music and engines being revved, nothing to do with you was it'? Showed the pc the scaffolding in the boot and then the switch panel where the stereo should be and reiterated the fact we'd been in the shop for the past hour.
'Your exhaust is quite loud though isn't it'. 'Not massively, no. It was measured at 89dB last time the car was scrutineered' Arguing was probably not the best thing to do seeing as the pc was determined to get me for something.
'Ah competition car is it then'? 'Yes I use it for road rallying (thinking he was taking an interest)'
'Well i'll have to do some checks then' He proceeded to check absolutely everything getting redder faced by the minute. Goes to have a word with his partner.
'Right sir, im issuing you a section 59 notice blah blah blah'.
'Umm whats that for then'?
'Using a competition vehicle on the road'
'Thats not illegal though is it, especially as said vehicle is used in open road events and scrutineered as such'
'That is a competition exhaust and is causing a disturbance'
'Fantastic. Is this going to cost me anything'?
'Not at the moment but if you get caught again blah blah blah'
'Well there we are, there will be a strongly worded letter on its way to your chief constable tomorrow morning, goodnight'
So there we are. Section 59'd for going shopping. Still only a year left at uni then we're off to whatever county will take us, thank god.
I guess its highly likely that if my letter falls on deaf ears then if I meet the same pc again, I'll have my car confiscated at which point I think I'll get the MSA involved.
Rant over. Sorry for the length, got a bit carried away. The law really is an ass.....
Thats a poor show from the cops, write a letter of complaint with a certificate showing your car has been made no louder than when it was manufactured and I think you may have a case, if you cant do this then you are fooked.
Can I suggest you get your shopping delivered via the internet? Works for me, I literally cannot stand the idiocy that occurs at supermarkets.
Can I suggest you get your shopping delivered via the internet? Works for me, I literally cannot stand the idiocy that occurs at supermarkets.
Adding onto this, the Section says
I strongly recommend complaining to the CC and explaining why you feel this is an illegal Section 59 warning.
Disclaimer: not a lawyer, this is not legal advice, etc, etc
The law said:
a) contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52) (careless and inconsiderate driving and prohibition of off-road driving), and
(b) is causing, or is likely to cause, alarm, distress or annoyance to members of the public,
he shall have the powers set out in subsection (3).
I can understand the alarm/distress/annoyance but he still needs to prove Careless and Inconsiderate driving, which is harder to prove, and if the story is true non-existent.(b) is causing, or is likely to cause, alarm, distress or annoyance to members of the public,
he shall have the powers set out in subsection (3).
I strongly recommend complaining to the CC and explaining why you feel this is an illegal Section 59 warning.
Disclaimer: not a lawyer, this is not legal advice, etc, etc
NinjaPower said:
Agreed, if it's 100% as you state then you really need to persue this matter.
This officer cannot be allowed to carry on like this, he embarrasing his own police force and ruining the good work of other officers.
Agreed - On the facts provided it sounds like the copper was a prat and that he showed poor observation skills. That your car looked, to him, as though it was barried would not have helped but those are the risks you run.This officer cannot be allowed to carry on like this, he embarrasing his own police force and ruining the good work of other officers.
If it helps I was accosted by a chap when parking in tesocs car park a couple of weeks ago to be lectured about "racing around the Town at easily double the speed limit and driving like a cock." I listened and asked him what time of day this was. He said around lunchtime last Sunday. I produced a receipt for the Petrol I had bought over 200 miles away on my way to a pub lunch on that day. I also Explained that I had noticed that there was a 58 plate Silver Cayman in the area, who he might have mistaken me for*, and that he should kindly get his facts and cars straight and go forth and multiply.
It is 99% certain to be them as I have seen them a fair few times and IMO they do drive like a spanner.
gopher44 said:
'Your exhaust is quite loud though isn't it'. 'Not massively, no. It was measured at 89dB last time the car was scrutineered' Arguing was probably not the best thing to do seeing as the pc was determined to get me for something.
'Ah competition car is it then'? 'Yes I use it for road rallying (thinking he was taking an interest)'
'Well i'll have to do some checks then' He proceeded to check absolutely everything getting redder faced by the minute. Goes to have a word with his partner.
why did you tell him that?'Ah competition car is it then'? 'Yes I use it for road rallying (thinking he was taking an interest)'
'Well i'll have to do some checks then' He proceeded to check absolutely everything getting redder faced by the minute. Goes to have a word with his partner.
Home shopping ftw!
I could have understood a little bit if, god forbid, I had been with the group of chavs but I was at the other end of the car park. No 'throttle blipping' took place as ironically Im not a fan of drawing attention to the car plus I grew out of all that larking about a good few years ago.
The exhaust is grp N but with the cat left in so is louder than standard unfortunately.
I could have understood a little bit if, god forbid, I had been with the group of chavs but I was at the other end of the car park. No 'throttle blipping' took place as ironically Im not a fan of drawing attention to the car plus I grew out of all that larking about a good few years ago.
The exhaust is grp N but with the cat left in so is louder than standard unfortunately.
y2blade said:
gopher44 said:
'Your exhaust is quite loud though isn't it'. 'Not massively, no. It was measured at 89dB last time the car was scrutineered' Arguing was probably not the best thing to do seeing as the pc was determined to get me for something.
'Ah competition car is it then'? 'Yes I use it for road rallying (thinking he was taking an interest)'
'Well i'll have to do some checks then' He proceeded to check absolutely everything getting redder faced by the minute. Goes to have a word with his partner.
why did you tell him that?'Ah competition car is it then'? 'Yes I use it for road rallying (thinking he was taking an interest)'
'Well i'll have to do some checks then' He proceeded to check absolutely everything getting redder faced by the minute. Goes to have a word with his partner.
To be honest I was surprised he didn't twig earlier that it was a rally car, roll cage, bucket seats, harnesses, spots.....
gopher44 said:
y2blade said:
gopher44 said:
'Your exhaust is quite loud though isn't it'. 'Not massively, no. It was measured at 89dB last time the car was scrutineered' Arguing was probably not the best thing to do seeing as the pc was determined to get me for something.
'Ah competition car is it then'? 'Yes I use it for road rallying (thinking he was taking an interest)'
'Well i'll have to do some checks then' He proceeded to check absolutely everything getting redder faced by the minute. Goes to have a word with his partner.
why did you tell him that?'Ah competition car is it then'? 'Yes I use it for road rallying (thinking he was taking an interest)'
'Well i'll have to do some checks then' He proceeded to check absolutely everything getting redder faced by the minute. Goes to have a word with his partner.
To be honest I was surprised he didn't twig earlier that it was a rally car, roll cage, bucket seats, harnesses, spots.....
From the facts provided I'd certainly write a strong letter. In fact, I'd be tempted to go to the station and make a formal complaint in person. If everything happened as stated, this is exactly the kind of thing that gives the police a bad reputation and makes us, the citizens of this nation, lose faith in them.
As far as the section 59 goes, I wouldn't worry about it too much.
As far as the section 59 goes, I wouldn't worry about it too much.
y2blade said:
gopher44 said:
'Your exhaust is quite loud though isn't it'. 'Not massively, no. It was measured at 89dB last time the car was scrutineered' Arguing was probably not the best thing to do seeing as the pc was determined to get me for something.
'Ah competition car is it then'? 'Yes I use it for road rallying (thinking he was taking an interest)'
'Well i'll have to do some checks then' He proceeded to check absolutely everything getting redder faced by the minute. Goes to have a word with his partner.
why did you tell him that?'Ah competition car is it then'? 'Yes I use it for road rallying (thinking he was taking an interest)'
'Well i'll have to do some checks then' He proceeded to check absolutely everything getting redder faced by the minute. Goes to have a word with his partner.
Some of us have (sometimes deservedly, sometimes not) spent too many hours talking to Bib by the side of their car.
Sorry to say but the only way to be sure is to be polite, truthful and as mute as possible. Even then on one occasion I still got the full lights, tyres and fluids check. Explaining why my (correct in every respect) private plate didn't tally with the registration number the previous owner had had etched onto the windows took a few minutes with one newbie, much to the amusement of his sergeant who was trading rolled eyes and conciliatory glances with me!
Paddy_N_Murphy said:
ZOLLAR said:
gopher44 said:
y2blade said:
gopher44 said:
'Your exhaust is quite loud though isn't it'. 'Not massively, no. It was measured at 89dB last time the car was scrutineered' Arguing was probably not the best thing to do seeing as the pc was determined to get me for something.
'Ah competition car is it then'? 'Yes I use it for road rallying (thinking he was taking an interest)'
'Well i'll have to do some checks then' He proceeded to check absolutely everything getting redder faced by the minute. Goes to have a word with his partner.
why did you tell him that?'Ah competition car is it then'? 'Yes I use it for road rallying (thinking he was taking an interest)'
'Well i'll have to do some checks then' He proceeded to check absolutely everything getting redder faced by the minute. Goes to have a word with his partner.
To be honest I was surprised he didn't twig earlier that it was a rally car, roll cage, bucket seats, harnesses, spots.....
my insurer wouldn't cover a car for road rally use, Honestly interested in the car!Edit and im sure the OP would be wise enough to cover the reg plate if he posts pictures on the internet!
Edited by ZOLLAR on Tuesday 9th February 12:39
T89 Callan said:
More illegal and unjust abuse and punishment aimed at innocent members of the public under the banner of section 59
I hope all the PH police are proud of yourselves and your colleagues, well done to all involved.
Talk about "Tarring with the same brush" I hope all the PH police are proud of yourselves and your colleagues, well done to all involved.
Not all the Bib use their power incorrectly!ZOLLAR said:
T89 Callan said:
More illegal and unjust abuse and punishment aimed at innocent members of the public under the banner of section 59
I hope all the PH police are proud of yourselves and your colleagues, well done to all involved.
Talk about "Tarring with the same brush" I hope all the PH police are proud of yourselves and your colleagues, well done to all involved.
Not all the Bib use their power incorrectly!In this case the bobby has been out of order and even I reckon a complaint is needed if the OPs story is 100% accurate.
ZOLLAR said:
Paddy_N_Murphy said:
ZOLLAR said:
gopher44 said:
y2blade said:
gopher44 said:
'Your exhaust is quite loud though isn't it'. 'Not massively, no. It was measured at 89dB last time the car was scrutineered' Arguing was probably not the best thing to do seeing as the pc was determined to get me for something.
'Ah competition car is it then'? 'Yes I use it for road rallying (thinking he was taking an interest)'
'Well i'll have to do some checks then' He proceeded to check absolutely everything getting redder faced by the minute. Goes to have a word with his partner.
why did you tell him that?'Ah competition car is it then'? 'Yes I use it for road rallying (thinking he was taking an interest)'
'Well i'll have to do some checks then' He proceeded to check absolutely everything getting redder faced by the minute. Goes to have a word with his partner.
To be honest I was surprised he didn't twig earlier that it was a rally car, roll cage, bucket seats, harnesses, spots.....
my insurer wouldn't cover a car for road rally use, Honestly interested in the car!Edit and im sure the OP would be wise enough to cover the reg plate if he posts pictures on the internet!
Edited by ZOLLAR on Tuesday 9th February 12:39
The car is fully insured for road use. I normally use the insurance provided by the event organisers usually provided by Locktons.I'll see if I can find some photos of it in its current state when I get home later on.
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