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Sun, 10 May 2020 - 15:44
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#1
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New Member Group: Members Posts: 6 Joined: 10 May 2020 Member No.: 108,659 |
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This post has been edited by cabinet224: Thu, 14 May 2020 - 19:13 |
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Sun, 10 May 2020 - 15:44
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Sun, 10 May 2020 - 15:52
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#2
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
A section 59 notice or ‘motoring ASBO’ is meant to deter you from anti social driving, what it means is that if you are caught driving anti socially again they will seize your car, this is temporary because as soon as you can you can collect it from the yard and drive again (having paid the recovery cost).
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sun, 10 May 2020 - 15:58
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#3
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
If they are dealing with 110mph in a 50mph with a s59 then you should thank your lucky stars.
That would normally be a visit to court, a lengthy ban, fine & costs etc. This post has been edited by Jlc: Sun, 10 May 2020 - 15:59 -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Sun, 10 May 2020 - 16:22
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Webmaster Group: Root Admin Posts: 8,205 Joined: 30 Mar 2003 From: Wokingham, UK Member No.: 2 |
If they are dealing with 110mph in a 50mph with a s59 then you should thank your lucky stars. That would normally be a visit to court, a lengthy ban, fine & costs etc. I would suggest that if they did have any evidence of the OP doing 110mph in a 50 (which the OP certainly wouldn't have been unaware of) then they wouldn't be dealing with it by way of a s59. Sounds more like exaggeration to make a point. -------------------- Regards,
Fredd __________________________________________________________________________
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Sun, 10 May 2020 - 16:38
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#5
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New Member Group: Members Posts: 6 Joined: 10 May 2020 Member No.: 108,659 |
Thank you for the reply above,
I apologised as much as I could to the officer. I wasn't shown any evidence, it wasn't discussed with me. He didn't give me any tickets or paperwork, he just started by saying I was going to be reported and would probably be going to court, then at the end of the conversation says there won't be any paperwork and "He'll be dealing with me by way of a section 59". He didn't say explicitly "You're not going to court anymore" but I guess it means that? (Again, I'm genuine in that I don't know what speed I was doing. I have no idea. I'm not very convinced that I was travelling that quickly however. The road in question would make it difficult to obtain that sort of speed.) This post has been edited by cabinet224: Sun, 10 May 2020 - 17:28 |
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Sun, 10 May 2020 - 17:15
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Member Group: Members Posts: 1,570 Joined: 13 May 2010 Member No.: 37,524 |
Where was this?
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Sun, 10 May 2020 - 18:02
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
If they are dealing with 110mph in a 50mph with a s59 then you should thank your lucky stars. +1, I think if the officer had any real evidence of that sort of speed he would have dealt with you for dangerous driving. Providing you drive within the law for the next 12 months, you've basically got away with a warning which is a pretty good result. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 10 May 2020 - 18:21
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New Member Group: Members Posts: 6 Joined: 10 May 2020 Member No.: 108,659 |
QUOTE +1, I think if the officer had any real evidence of that sort of speed he would have dealt with you for dangerous driving. Providing you drive within the law for the next 12 months, you've basically got away with a warning which is a pretty good result. I will not be doing anything above the speed limit and I'll make sure at all times I know what speed I'm doing. I can guarantee that. This situation has absolutely terrified me. I hope I have read the officer correctly and that all I should receive is the S59 based on what he said? This post has been edited by cabinet224: Sun, 10 May 2020 - 18:27 |
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Mon, 11 May 2020 - 07:39
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
You have already received the S59. Whether they follow up with paperwork is a different matter.
If that is the only action taken your lucky, as long as you don’t get caught doing something silly again it’s no punishment at all, compared to a potential 6pts or circa 14 day ban and wallet pain plus further financial hit at insurance renewal time. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Mon, 11 May 2020 - 08:35
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#10
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New Member Group: Members Posts: 6 Joined: 10 May 2020 Member No.: 108,659 |
You have already received the S59. Whether they follow up with paperwork is a different matter. If that is the only action taken your lucky, as long as you don’t get caught doing something silly again it’s no punishment at all, compared to a potential 6pts or circa 14 day ban and wallet pain plus further financial hit at insurance renewal time. Hm, okay. I have been told that because the officer told me that "There won't be anything in the post / there won't be any paperwork" when I asked him about it at the end and "I have decided to deal with you via Section 59" (Initially I was told I'd be reported for the offence) then this would be the last I would hear from the matter? I'll get in contact with a motoring solicitor perhaps. This post has been edited by cabinet224: Mon, 11 May 2020 - 09:16 |
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Mon, 11 May 2020 - 08:41
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Webmaster Group: Root Admin Posts: 8,205 Joined: 30 Mar 2003 From: Wokingham, UK Member No.: 2 |
I'll get in contact with a motoring solicitor perhaps. I don't know what difference you think that would make at this stage - you'll either get something through in the post or you won't. If you don't (and I expect that's most likely) then you'd just have wasted money consulting a solicitor at this point. -------------------- Regards,
Fredd __________________________________________________________________________
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Mon, 11 May 2020 - 08:54
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#12
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New Member Group: Members Posts: 6 Joined: 10 May 2020 Member No.: 108,659 |
I'll get in contact with a motoring solicitor perhaps. I don't know what difference you think that would make at this stage - you'll either get something through in the post or you won't. If you don't (and I expect that's most likely) then you'd just have wasted money consulting a solicitor at this point. Thank you for the advice. That seems a sensible conclusion. |
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Mon, 11 May 2020 - 10:34
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#13
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New Member Group: Members Posts: 6 Joined: 10 May 2020 Member No.: 108,659 |
Motoring Solicitor has informed me that the incident was dealt with by the roadside and I shouldn't expect anything further after a telephone consultation.
Please close this thread now. Thank you for your help. |
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Mon, 11 May 2020 - 11:26
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Motoring Solicitor has informed me that the incident was dealt with by the roadside and I shouldn't expect anything further after a telephone consultation. I really hope you didn't pay for that. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Mon, 11 May 2020 - 12:18
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#15
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Motoring Solicitor has informed me that the incident was dealt with by the roadside and I shouldn't expect anything further after a telephone consultation. Please close this thread now. Thank you for your help. So... no real difference to what has been said here? -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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