Section 59

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Discussion

StottyZr

Original Poster:

6,860 posts

163 months

Tuesday 31st January 2012
quotequote all
On Sunday night, every single car at the Ituned meet was given a section 59. I was told if I attend another car meet in the next 12months my car will be confiscated! Is this usual?

I've always had the impression S59s were given for anti-social driving.

randlemarcus

13,524 posts

231 months

Tuesday 31st January 2012
quotequote all
How many cars, and what were you doing?

There's no real appeal against an s59 (which makes it disgusting legislation in my book), but if you weren't doing anything, a well written letter to the chief constable, expressing disappointment with the choice of enforcement may have it struck off. But don't hold your breath.

10 Pence Short

32,880 posts

217 months

Tuesday 31st January 2012
quotequote all
It would be interesting to know what reasonable suspicion the Officers had to believe every vehicle there had committed a Sec.3 offence?

If I were in that position, I'd be making a complaint to the force in question asking for the Sec.59 to be lifted. If I were really miffed about it, I'd be heading to Civil Court to challenge its issue, although that might ruin your 'attitude test' privileges with the local force for the foreseeable future. smile

daz3210

5,000 posts

240 months

Tuesday 31st January 2012
quotequote all
Has anyone ever successfully had a S59 lifted though?

StottyZr

Original Poster:

6,860 posts

163 months

Tuesday 31st January 2012
quotequote all
I drove my car in slowly, parked it, then drove out in gridlock until I could be inspected hehe its a unmodified diesel, I don't I could have been anti-social if I tried!

The police rightly gave a few idiots S59s (revving and beeping when in gridlock) but I can't see how taking every number plate and giving everyone a s59 could be fair. It seems they couldn't police who was doing what so just threw s59s everywhere laugh

saaby93

32,038 posts

178 months

Tuesday 31st January 2012
quotequote all
Von posted on s59 about a year ago but I can't get search to work.
Dont you have to cause annoyance or could cause annoyance
plus something else?
Otherwise an s59 could be issued to anyone just driving down the road

StottyZr

Original Poster:

6,860 posts

163 months

Tuesday 31st January 2012
quotequote all
At a guess I'd say there justification would be the entire meet causes annoyance. I didn't want to argue and antagonise the police as I wouldn't have been doing myself any favours.

It could also be worth mentioning the meet in question was out of the way of the public, underground, in a closed supermarket car park in a town center (so not near any housing)

Durzel

12,272 posts

168 months

Tuesday 31st January 2012
quotequote all
Where was the meet? Did they have the approval of whoever owned the premises to stage the meet there?

Generally speaking you're at risk of a S59 if you are in convoy with multiple cars that are deserving of one. Might not be fair, but them's the breaks.

Durzel

12,272 posts

168 months

Tuesday 31st January 2012
quotequote all
StottyZr said:
At a guess I'd say there justification would be the entire meet causes annoyance.
Unfortunately I would tend to agree.

Numerous cars in convoy revving and beeping will be intimidating to residents and other road users, and if you haven't advised the Police and whoevers car park you are occupying in advance you are probably asking for this sort of crackdown to happen.

Whether that's a sad state of affairs for "freedom" or whatever is a matter of discussion I guess, but it is what it is.

Also relevant: http://www.bbc.co.uk/news/uk-wales-south-east-wale...

StottyZr

Original Poster:

6,860 posts

163 months

Tuesday 31st January 2012
quotequote all
Durzel said:
Where was the meet? Did they have the approval of whoever owned the premises to stage the meet there?

Generally speaking you're at risk of a S59 if you are in convoy with multiple cars that are deserving of one. Might not be fair, but them's the breaks.
It was on private property and looking back at what happened I'm pretty certain permission was not given!

I take it this isn't out of the ordinary then. Looks like I won't be attending any car meets for the next 12months. I can't really risk loosing my car on a sunday night.

saaby93

32,038 posts

178 months

Tuesday 31st January 2012
quotequote all
Durzel said:
Where was the meet? Did they have the approval of whoever owned the premises to stage the meet there?

Generally speaking you're at risk of a S59 if you are in convoy with multiple cars that are deserving of one. Might not be fair, but them's the breaks.
That doesnt work either as you might be in the usual Friday convoy trying to get to a supermarket to go shopping!
Anyone find Vons posts?
ETA Just seen above post about private property and no permission


davepoth

29,395 posts

199 months

Tuesday 31st January 2012
quotequote all
Durzel said:
Where was the meet? Did they have the approval of whoever owned the premises to stage the meet there?

Generally speaking you're at risk of a S59 if you are in convoy with multiple cars that are deserving of one. Might not be fair, but them's the breaks.
Meet appears to be in the car park of Huddersfield Tesco at 7pm, which seems to be a very popular spot for this sort of thing.

StottyZr

Original Poster:

6,860 posts

163 months

Tuesday 31st January 2012
quotequote all
Durzel said:
I've just read the article, I see how this is anti-social. Asda customers were being intimidated by the cars driving around and revving in the car park. The meet I attended was on a Sunday night where said supermarket had been closed for over 2hours!

daz3210

5,000 posts

240 months

Tuesday 31st January 2012
quotequote all
There have been numerous meets around Huddersfield area on Sunday nights, and they always seem to get cracked down on eventually.

One of the local industrial estates now has a prohibition notice on Saturday and Sunday evenings.

There was one at Castleford, this was closed I believe.

Toys R Us at Birstall - closed.

Usually all as a result of some not just parking up, but doing silly things like drag racing, doughnuts etc.

I guess those who just park up get judged as just as guilty as those doing the daft stuff, just by virtue of being there


mel

10,168 posts

275 months

Tuesday 31st January 2012
quotequote all
If the circumstances are exactly as you describe then I would say that the section 59 is fatally flawed, and could be successfully challenged and overturned.

I posted on this thread more information about the requirements. A word of warned though, I know someone who got given one which hadn't been filled out properly as it had no date, time or location on the form. He phoned them up to say that because of this he viewed it as unenforceable and would be filing it in the bin. It took 26 minutes from the phone call for the officer to be stood on his doorstep handing him another which was correctly filled out!

daz3210

5,000 posts

240 months

Tuesday 31st January 2012
quotequote all
If they get it wrong, can they legally issue another correct one?

mel

10,168 posts

275 months

Tuesday 31st January 2012
quotequote all
Slip error, and that's exactly what they did.

StottyZr

Original Poster:

6,860 posts

163 months

Tuesday 31st January 2012
quotequote all
It could be worth mentioning I didn't get a slip. They noted my plate down, I'd expect the s59 will be coming through the post.

daz3210

5,000 posts

240 months

Tuesday 31st January 2012
quotequote all
That begs another question. Do they have to give you any paperwork? And if so in what timeframe?

LocoCoco

1,428 posts

176 months

Tuesday 31st January 2012
quotequote all
I never had any proof that I had a S59 on my car so I wouldn't expect anything in the post. The first I heard of it was when I had a routine stop and the copper commented that there was a S59 on my vehicle, I'd had the car for a couple of years so it wasn't the previous owners S59.
I never did find out what I'd been given it for.