Section 59. Car seized by police. - GT-R Register - Nissan Skyline and GT-R Drivers Club forum

Want to buy a banner ad? Find out more here.

Go Back   GT-R Register - Nissan Skyline and GT-R Drivers Club forum > General > General Nissan R35 GT-R Chat
Register Garage FAQ Members List Calendar Search Today's Posts Mark Forums Read Insurance


Reply
 
LinkBack Thread Tools Rate Thread Display Modes
Old 27th August 2013, 07:03 PM   #1 (permalink)
Paulsmig is loving stage 4
GTR.co.uk seasoned Member
 
Paulsmig's Avatar
 
Join Date: Feb 2013
Location: Newcastle UK
Posts: 164
Section 59. Car seized by police.

This morning on the way to the airport, I was pulled over by a local police car. He asked “Do you know why I have pulled you”, “No”, “my college will maybe know, wait here” another police car pulled up and said” that was silly wasn’t it, you just undertook me and I think you were speeding. I didn’t replied just looked sad and tied (0545).

He said, “he couldn’t prove I was speeding or charge me with careless driving as he had no proof”. This was said in front of the other officers.

So he says” Im going in impound your car now,and you’ll have to get a taxi to the airport”.
I asked “what am I being charged with”, “nothing, I have no proof of the speeding, I believe you were doing 100 but can’t prove it. So your punishment will be to have your car seized, you’ll pay 150 quid and pick it up from a depo.

Has anyone else come across this, iv done some research and it seems this law is for boy racers doing hand brake turns etc in car parks, they come, give them a warning tell them to go home and if they get reported\caught again they get there car impounded.
I feel it was the wrong method of punishment and procedure followed, as I should have been given a first warning (section 59) then if I did something again my car seized.

Also do I just pay the fine and leave and it, in case he changes his mind and want to charge me with speeding\caress\dangerous driving.

I don’t remember under taking him, I was in the outside lane, another lane joins the road then splits off, so he must have been slipping on\off. I wasn’t beasting it on the inside lane undertaking. I have all my docs\insurance etc.
__________________
Paulsmig is offline   Reply With Quote
Old 27th August 2013, 07:10 PM   #2 (permalink)
nozza1 is Wanting to work on his gtr!!!!!
New Users
 
nozza1's Avatar
 
Join Date: Jan 2007
Cars owned: Honda civic LSI - Audi-Ur Quattro - Lancia Intergrale EvoII - Kawasaki Ninja zx7r - R34gtr V-Spec - P2 v70 D5
Posts: 2,459
That's very harsh.

Really ****s me off when l come across coppers like this twat.

He obviously didn't get any the night before so he's decided to screw you, royaly.

If your as innocent as you make out to be, then it's just a case of wrong place wrong time.

He's a jealous prick abusing his position.

No need!
__________________
.
.
.
.
.
.
.
.
.
.
.
AUDI QUATT TURBS 20V, LANCIA INTERGRALE EVO 2, GOLF TDI ANNIVERSARY CHIPPED 250 BHP, KAWASAKI ZX7R
nozza1 is offline   Reply With Quote
Old 27th August 2013, 07:14 PM   #3 (permalink)
tkracing is unaware they can edit their status
GTR.co.uk seasoned Member
 
Join Date: Dec 2008
Posts: 7
Dunno?

Best advice is to get professional help, ASAP.
My last road/traffic lawyer gave me fantastic advice last time I used em, take nothing on the chin, always say nothing and phone me or my office.

Most home insurance policies and bank accounts have free legal advice, use them.
__________________
tkracing is offline   Reply With Quote
 
Old 27th August 2013, 07:24 PM   #4 (permalink)
CT17 is probably in an R34 GT-R.
GT-RDC Member
 
CT17's Avatar
 
Join Date: Mar 2011
Location: Essex
Cars owned: A GT-R... and some others.
Posts: 8,019
Professional help, get it sorted then official complaint.
Job done.
__________________
Richard
Ex owner of four R35 GT-Rs. Now hooked on R34s.
My car thread:
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
CT17 is offline   Reply With Quote
Old 27th August 2013, 07:30 PM   #5 (permalink)
SamboGrove is Currently GTR-less
GTROC Member
 
SamboGrove's Avatar
 
Join Date: Jun 2010
Location: Newcastle
Cars owned: R32 GTR, AUDI A3, R35 GTR (Sold)
Posts: 3,298
Where abouts was this mate?

Properly sucks. As others have said I would get some legal advice.
__________________
Sold: White R35 2010 Black Edition
Current: R32 - Nur engined - KH2 - TE37s
SamboGrove is offline   Reply With Quote
Old 27th August 2013, 07:32 PM   #6 (permalink)
Protegimus is enjoying GT-R LMS4 motorsport
Registered
 
Protegimus's Avatar
 
Join Date: Aug 2011
Location: Newcastle
Cars owned: R35 Black Edition
Posts: 749
Paul,
Speak to Marcus Johnstone:

Speeding Solicitor, 1st Floor, 55 Widnes Road, Widnes, Cheshire, WA8 6AZ

t: 0151 422 8020
f: 0151 424 1149
e: [email protected]
w: www.speedingsolicitor.co.uk

He will give you good advice on the situation and you can decide how you want to go about it.
You've got my number, give me a call tomorrow if you want to chat about it.

Protegimus
__________________
'59 Black R35 Black Edition :: Akrapovic Carbon/Ti cat back :: GTC Ti Y-pipe :: EcuTek LMS4.25 :: Alcons/Pagid RS-29/Goodridge lines :: Litchfield Handling Kit/Eibach ARB's :: RSW Carbon

Last edited by Protegimus; 27th August 2013 at 07:56 PM..
Protegimus is offline   Reply With Quote
Old 27th August 2013, 08:05 PM   #7 (permalink)
buzzysingh is GREEN
Registered
 
buzzysingh's Avatar
 
Join Date: Nov 2012
Location: West Midlands
Posts: 745
It's very disappointing to hear these kids of stories considering most police officers are hard working, good hearted guys. I have the utmost respect for them (some traffic officers are sound too!), but reading things like above makes me quite annoyed!

I have heard there is not a lot you can do by a section59 as you cannot even get it "overturned"/removed?!
__________________
buzzysingh is offline   Reply With Quote
Old 27th August 2013, 08:21 PM   #8 (permalink)
moleman is veteren Bongard Club
Real men use a H-Pattern.
 
moleman's Avatar
 
Join Date: Jun 2002
Posts: 12,022
S59 is a catch all legislation covering "nuisance" driving which IIRC is applied to the driver and the vehicle.

My question would be, how long have you owned the car? Could a previous owner have used up the car's one free go?

If you have passed on the left and he didn't like it, the only way you can be penalised is under S59 because it is not an offence under the Road Traffic Act.
__________________
Registration
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
is now on a vehicle, but I am always open to offers.
moleman is offline   Reply With Quote
Old 27th August 2013, 08:22 PM   #9 (permalink)
MattGTR750 is Lambo time
GTR.co.uk seasoned Member
 
MattGTR750's Avatar
 
Join Date: Apr 2012
Location: London
Posts: 1,031
Sorry to hear this.

How long have you had the car for??

It could be the car had a section 59 on it and that this was the second section 59 issued to the car which they can do and have every right to seize according to their rules.
__________________
MattGTR750 is offline   Reply With Quote
Old 27th August 2013, 08:23 PM   #10 (permalink)
Paulsmig is loving stage 4
GTR.co.uk seasoned Member
 
Paulsmig's Avatar
 
Join Date: Feb 2013
Location: Newcastle UK
Posts: 164
Thanks, ill give Marcus a ring tom, i used him 6 or so years back, when i got a heavy speeding ticket.
If your driving through Newcastle, through the tunnels, then on the the airport, you can turn right to Jesmiond, then 100M on you can turn right to Gosforth. He must have been pulling on one of these roads. As i didnt see him, Next thing i know im being followed then pulled over on the road to the airport.
From what iv been reading up on i should have been given a warning first. But as he couldnt prove anything and was prob P¤#sed off he just thought he'd impound my pride and joy.
Ill pay the reliese fee on fri, then write a letter to the Chief constable asking why it was siezed and not a warning given.
__________________
Paulsmig is offline   Reply With Quote
Old 27th August 2013, 08:26 PM   #11 (permalink)
Paulsmig is loving stage 4
GTR.co.uk seasoned Member
 
Paulsmig's Avatar
 
Join Date: Feb 2013
Location: Newcastle UK
Posts: 164
I bought the car in Jan, im not sure if it has a S59 on it, He didnt say so, and it doesnt say so on the paper work he gave me.
__________________
Paulsmig is offline   Reply With Quote
Old 27th August 2013, 08:30 PM   #12 (permalink)
saucyboy is Enjoying every journey!!
GTR.co.uk seasoned Member
 
saucyboy's Avatar
 
Join Date: Nov 2009
Location: KENT
Cars owned: Noble M12 GTO-3, 996 Turbo, Now- 172 Cup, R32 GT-R, R35 GT-R
Posts: 2,619
Talking

Sorry to hear this mate. Although there are a lot of good cops who are no different from you or I there are also some right [email protected]

As others have already said seek legal advice. I'd get your car back ASAP though.

Re the Section 59, I always thought a warning must be given first. It then stands for 12 months against car and driver and should either be involved in another incident in said time frame the car can be seized.

Good luck buddy and let us know how you get on.
__________________
saucyboy is offline   Reply With Quote
Old 27th August 2013, 08:42 PM   #13 (permalink)
SPEED MERCHANT is the apparent destroyer of business's
Registered
 
SPEED MERCHANT's Avatar
 
Join Date: Jun 2006
Location: Gotham City Suburbs
Cars owned: ARKHAM
Posts: 9,650
Thumbs up

Quote:
Originally Posted by moleman View Post
S59 is a catch all legislation covering "nuisance" driving which IIRC is applied to the driver and the vehicle.

My question would be, how long have you owned the car? Could a previous owner have used up the car's one free go?

If you have passed on the left and he didn't like it, the only way you can be penalised is under S59 because it is not an offence under the Road Traffic Act.
Moley is spot on ...


SECTION 59
Vehicles used in a manner causing alarm, distress or annoyance:
(1) Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which —
(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).

(2) A constable in uniform shall also have the powers set out in subsection (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within subsection (1).

(3) Those powers are —
(a) power, if the motor vehicle is moving, to order the person driving it to stop the vehicle;
(b) power to seize and remove the motor vehicle;
(c) power, for the purposes of exercising a power falling within paragraph (a) or (b), to enter any
premises on which he has reasonable grounds for believing the motor vehicle to be;
(d) power to use reasonable force, if necessary, in the exercise of any power
conferred by any of paragraphs to (a) to (c).

(4) A constable shall not seize a motor vehicle in the exercise of the powers
conferred on him by this section unless —
(a) he has warned the person appearing to him to be the person whose use falls within subsection (1) that he will seize it, if that use continues or is repeated; and
(b) it appears to him that the use has continued or been repeated after the warning.

(5) Subsection (4) does not require a warning to be given by a constable on any occasion on which he would otherwise have the power to seize a motor vehicle under this section if—
(a) the circumstances make it impracticable for him to give the warning;
(b) the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person;
(c) the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or
(d) the constable has reasonable grounds for believing that the person whose use of that motor vehicle on that occasion would justify the seizure is a person to whom a warning under that subsection has been given (whether or not by that constable or in respect the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.

(6) A person who fails to comply with an order under subsection (3)(a) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(7) Subsection (3)(c) does not authorise entry into a private dwelling house.

(8) The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 60 are in force.

(9) In this section —
• “driving” has the same meaning as in the Road Traffic Act 1988 (c. 52);
• “motor vehicle” means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; and
• “private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.



So either ...

01.) Your not telling the whole story and you have already been warned under S59, even in another vehicle.

02.) Your vehicle was subject to a previous warning - which the seller doesn't have to mention and would be on the Police National Computer ...

03.) You were speeding / undertaking for quite some time whether then or previously but they couldn't keep up / lost you and couldn't issue the warning.

As someone said, make an official complaint so it will be investigated and you'll get your answer.
__________________
GTROC ONLINE SOCIAL MEDIA DUDE
GTROC NATIONAL EVENTS COORDINATOR

NISMO R35 N-ATTACK(B) PILOT - "BECAUSE I WAS INVERTED"

GTROC = BEST CLUB STAND - JAPFEST SILVERSTONE 2018
GTROC = BEST ONE MAKE CLUB STAND - JAPFEST DONNINGTON 2018

ARKHAM RACING -
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
SPEED MERCHANT is offline   Reply With Quote
Old 27th August 2013, 08:56 PM   #14 (permalink)
car killer is fueling up
GTR.co.uk seasoned Member
 
car killer's Avatar
 
Join Date: Oct 2005
Location: notts/derby
Cars owned: R35 my12 DMG.R35 GTR ums(sold).focus RS mk2. gtr v-spec2. 205gti turbo technics
Posts: 610
Yes the officer was in the wrong.
Section 59 was passed and started use in Nottinghamshire to try and combat some high powered cars that was meeting up and doing some racing. This attracted spectators and then people in saxos and corsas etc. This started to attract over a 1000 cars every sunday and cars started to attend from all over the uk.
Do a search on youtube for cruise notts. Cruising/ racing in notts/nottingham and same at jct27 M1.

my friend had the 1st car towed away under the section 59 rule (evo 6)and he did have a warning 1st.
I have had one in the past and it is a official piece of paper that warns you about your driving and what will happen if your seen again. I.e they will tow your car.
I would be making an official complaint and seeking legal advice maybe even sue for losses if possible.
__________________
ONLY SOFT DRINKS COME IN 2ltr aswell as evo's, scoobies, cossies etc etc...

To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
car killer is offline   Reply With Quote
Old 27th August 2013, 11:50 PM   #15 (permalink)
WingedBeast1968 is still here
GTR.co.uk seasoned Member
 
Join Date: Sep 2009
Location: UK
Posts: 2,730
Sounds a bit like a confidence trick, and they pinched your car.
Or you're playing down how much of a nuisance you really are?
__________________
WingedBeast1968 is offline   Reply With Quote
Old 28th August 2013, 05:11 AM   #16 (permalink)
Takamo is Living the Dream... Alhumdulillah (thanks to God)
GTR Register Trader
 
Takamo's Avatar
 
Join Date: Oct 2005
Location: Birmingham
Cars owned: R32 GTR, R33 GTR, R34 GTR, R35 GTR and many many more!!!
Posts: 6,131
Sounds like the "pleb" .... Oops should I use the word actually the jealous [email protected] was behaving like a twat and I'd strongly suggest you seek legal advice and don't let him get away with this harassment the low life pig
__________________
Rabs Car Alarms 0121 771 1511 or 07973733441
Facebook:
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

Official Dealers of:
Autowatch Ghost Immobiliser
Smartrack Trackers, Toad, Scorpion & Blackvue

I am a sponsor of the GTR Register!
Takamo is offline   Reply With Quote
Old 28th August 2013, 06:53 AM   #17 (permalink)
Adamantium is apparently poisonous to Wolverine - who knew?
Registered
 
Join Date: Jun 2002
Location: London
Cars owned: Audi S5 3.0TFSi, Audi Q5 3.0TDi
Posts: 9,073
We're you doing 100?

Never mind what he can prove.
__________________


Adamantium is offline   Reply With Quote
Old 28th August 2013, 07:03 AM   #18 (permalink)
Paulsmig is loving stage 4
GTR.co.uk seasoned Member
 
Paulsmig's Avatar
 
Join Date: Feb 2013
Location: Newcastle UK
Posts: 164
I Spoke with the police this morning, the officer that issued the S59 was on nights so ill call him tonight. The Guy on the desk ran a check on the car, it doesnt have a S59 on it, just this one. And i dont have one.

I do drive spirited at times and i do enjoy the cars performance, but i wouldnt say i was nuisance or would have been "on their radar". Im only home on weekends and hardly use the car.

I cannot confirm or deny i was doing 100, thats what he says. I wouldnt like to comment.

Speaking with the Pc on the desk, he had another name on his records, this may be the guy that pulled me over, or they may have been two police in the car, but im pretty sure only one got out and the car was empty. If there were two, im sure id have been charged with speeding\careless driving. Can two police back up each other and charge you??

Ill post his reasonings tom morning.
__________________

Last edited by Paulsmig; 28th August 2013 at 07:05 AM..
Paulsmig is offline   Reply With Quote
Old 28th August 2013, 07:07 AM   #19 (permalink)
Protegimus is enjoying GT-R LMS4 motorsport
Registered
 
Protegimus's Avatar
 
Join Date: Aug 2011
Location: Newcastle
Cars owned: R35 Black Edition
Posts: 749
Section 59 is a power that is not for dealing with speeding.
How many members of the public were around at 05:45?

I expect powers to be exercised correctly.

Drive careful everyone,

Protegimus
__________________
'59 Black R35 Black Edition :: Akrapovic Carbon/Ti cat back :: GTC Ti Y-pipe :: EcuTek LMS4.25 :: Alcons/Pagid RS-29/Goodridge lines :: Litchfield Handling Kit/Eibach ARB's :: RSW Carbon
Protegimus is offline   Reply With Quote
Old 28th August 2013, 08:25 AM   #20 (permalink)
ben15476 is going through tyres fast
GTR.co.uk seasoned Member
 
ben15476's Avatar
 
Join Date: Feb 2013
Posts: 244
If you under took him on the left then he must have been hogging the middle lane!
£100 on the spot fine for him I think!

Just a suggestion...
__________________
ben15476 is offline   Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT. The time now is 04:48 PM.


Powered by vBulletin® Version 3.8.8
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
SEO by vBSEO 3.6.1
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.
http://www.Tyreforums.com

tyreforums

 

Garage Plus vBulletin Plugins by Drive Thru Online, Inc.