S59 seizure
Author
Discussion

normalbloke

Original Poster:

8,464 posts

242 months

Friday 17th March 2023
quotequote all
Not mine fortunately. I saw a post from one of the U.K. forces, and they’d stopped a new shape defender for driving aggressively,undertaking, tailgating and generally being a throbber. Turns out, while they were dealing with him, it seems he had a S59 warning previously, for the same MO. So, assuming the driver was the owner, what happens to the vehicle? Are they entitled to it back, does it just go to the pound for added cost effect, or is that it, gone ( unlikely). Curious to know.

vonhosen

40,597 posts

240 months

Friday 17th March 2023
quotequote all
normalbloke said:
Not mine fortunately. I saw a post from one of the U.K. forces, and they’d stopped a new shape defender for driving aggressively,undertaking, tailgating and generally being a throbber. Turns out, while they were dealing with him, it seems he had a S59 warning previously, for the same MO. So, assuming the driver was the owner, what happens to the vehicle? Are they entitled to it back, does it just go to the pound for added cost effect, or is that it, gone ( unlikely). Curious to know.
It goes to the pound & they have to pay any removal & storage fees to get it back.
Rinse and repeat if it carries on.

surveyor_101

5,069 posts

202 months

Friday 17th March 2023
quotequote all
Its covered under the police reform act 2002.


Normally there has to be a warning in place before they seize was with this person, some forces have an SGT or above who needs to ok prior to recovery being ordered. All the detail and MG11 is issued to the driver/keeper and PNC record (as happened here). Has to be a Police Constable, so PCSOs can't issue them.

Recovery used to be £150 and £20 a day storage, the max they are allowed to charge was £430.

If they can't trace the owner after 14 days they can in some cases be disposed of, (But a defender I doubt that).


Its a faff as the owner/keeper has to take proof of insurance and owner docs etc to a nominated police station (and most forces shut lots of them) to secure release, pay the recovery agents fees etc.




Gluggy

711 posts

132 months

Friday 17th March 2023
quotequote all
surveyor_101 said:
Its a faff as the owner/keeper has to take proof of insurance and owner docs etc to a nominated police station (and most forces shut lots of them) to secure release, pay the recovery agents fees etc.
If nothing else the pure inconvenience is hopefully a deterrent :-)

Can you imagine how small the number of illegally parked cars would become in places like Mayfair and Oxford Street if the fines had to be paid in person (by the driver) instead of online...

Paul Dishman

5,231 posts

260 months

Friday 17th March 2023
quotequote all
S.59 orders are fundamentally unjust because they can be imposed on the whim of a police officer. Anyone served with it has no recourse to a court to argue their case.

andygo

7,280 posts

278 months

Friday 17th March 2023
quotequote all
I understood that a s.59 was linked to the ca, so if you swapped your car you were not at risk of having the new car impounded. Of course I may be wrong...

vonhosen

40,597 posts

240 months

Friday 17th March 2023
quotequote all
andygo said:
I understood that a s.59 was linked to the ca, so if you swapped your car you were not at risk of having the new car impounded. Of course I may be wrong...
It's linked to car & driver.
A repeat for either can result in seizure.

andygo

7,280 posts

278 months

Tuesday 21st March 2023
quotequote all
So when they sieze your car, do you get it back I wonder?

Bigends

6,016 posts

151 months

Tuesday 21st March 2023
quotequote all
andygo said:
So when they sieze your car, do you get it back I wonder?
You can with the necessary documents and i.d.

vikingaero

12,261 posts

192 months

Wednesday 22nd March 2023
quotequote all
So if they seize a lease/hp/pcp/pch car, as many people do, and the keeper/driver is unable to get it back, would it not return to the finance house and the agreement be cancelled?

Nibbles_bits

1,942 posts

62 months

Wednesday 22nd March 2023
quotequote all
surveyor_101 said:
Its covered under the police reform act 2002.


Normally there has to be a warning in place before they seize was with this person, some forces have an SGT or above who needs to ok prior to recovery being ordered. All the detail and MG11 is issued to the driver/keeper and PNC record (as happened here). Has to be a Police Constable, so PCSOs can't issue them.

Recovery used to be £150 and £20 a day storage, the max they are allowed to charge was £430.

If they can't trace the owner after 14 days they can in some cases be disposed of, (But a defender I doubt that).


Its a faff as the owner/keeper has to take proof of insurance and owner docs etc to a nominated police station (and most forces shut lots of them) to secure release, pay the recovery agents fees etc.



Yet more horse st from Surveyor_101.

PCSOs can issue Sec59 warnings. The information is added to PNC.

Byker28i

83,891 posts

240 months

Wednesday 22nd March 2023
quotequote all
Nibbles_bits said:
surveyor_101 said:
Its covered under the police reform act 2002.


Normally there has to be a warning in place before they seize was with this person, some forces have an SGT or above who needs to ok prior to recovery being ordered. All the detail and MG11 is issued to the driver/keeper and PNC record (as happened here). Has to be a Police Constable, so PCSOs can't issue them.

Recovery used to be £150 and £20 a day storage, the max they are allowed to charge was £430.

If they can't trace the owner after 14 days they can in some cases be disposed of, (But a defender I doubt that).


Its a faff as the owner/keeper has to take proof of insurance and owner docs etc to a nominated police station (and most forces shut lots of them) to secure release, pay the recovery agents fees etc.



Yet more horse st from Surveyor_101.

PCSOs can issue Sec59 warnings. The information is added to PNC.
He does have long running issues with PCSO's
it appear you are correct though - a number of forces have this documented. i.e.
https://www.sussex.police.uk/police-forces/sussex-...
https://www.met.police.uk/SysSiteAssets/foi-media/...

vonhosen

40,597 posts

240 months

Wednesday 22nd March 2023
quotequote all
vikingaero said:
So if they seize a lease/hp/pcp/pch car, as many people do, and the keeper/driver is unable to get it back, would it not return to the finance house and the agreement be cancelled?
Why would they not be able to get it back?
All they have to do is attend with appropriate ID, pay the fee & they can get it back.
If they fall foul again, it's rinse & repeat.

Greendubber

14,833 posts

226 months

Wednesday 22nd March 2023
quotequote all
Nibbles_bits said:
surveyor_101 said:
Its covered under the police reform act 2002.


Normally there has to be a warning in place before they seize was with this person, some forces have an SGT or above who needs to ok prior to recovery being ordered. All the detail and MG11 is issued to the driver/keeper and PNC record (as happened here). Has to be a Police Constable, so PCSOs can't issue them.

Recovery used to be £150 and £20 a day storage, the max they are allowed to charge was £430.

If they can't trace the owner after 14 days they can in some cases be disposed of, (But a defender I doubt that).


Its a faff as the owner/keeper has to take proof of insurance and owner docs etc to a nominated police station (and most forces shut lots of them) to secure release, pay the recovery agents fees etc.



Yet more horse st from Surveyor_101.
Just add it to the pile.....

I don't think we'll need to worry about him for a while, at least until he creates a new account anyway. Thank god.

Short Grain

3,423 posts

243 months

Saturday 25th March 2023
quotequote all
Greendubber said:
Just add it to the pile.....

I don't think we'll need to worry about him for a while, at least until he creates a new account anyway. Thank god.
Only just read this, Is he banned then? What did he do to ps off the mods this time?

Greendubber

14,833 posts

226 months

Sunday 26th March 2023
quotequote all
Short Grain said:
Greendubber said:
Just add it to the pile.....

I don't think we'll need to worry about him for a while, at least until he creates a new account anyway. Thank god.
Only just read this, Is he banned then? What did he do to ps off the mods this time?
I do believe it was multiple accounts.