Was recently used on a local "dogger".
He was given a section 59 notice after ignoring repeated requests to cease parking in a layby for large periods of time.
The notice stated that the manner of use of the vehicle is causing or has been causing or is likely to cause, alarm distress or annoyance to members of the public !
Further use in that manner would result in seizure of the vehicle :sad:
Join the most popular community of UK swingers now
Login
section 59 police reform act
Sexpert
Personally I would think that this is a case where the police have abused their powers
Section 59(1) states
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,
The crucial point being that the uniformed police officer must have witnessed careless or inconsiderate driving, or the vehicle being driven against the rules of off road driving. The boy racers we doggers often see would fall within this category, rather than the PARKED person in their vehicle.
The person JTS mentions could however have contravened parking regulations.
Section 59(1) states
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,
The crucial point being that the uniformed police officer must have witnessed careless or inconsiderate driving, or the vehicle being driven against the rules of off road driving. The boy racers we doggers often see would fall within this category, rather than the PARKED person in their vehicle.
The person JTS mentions could however have contravened parking regulations.
This is probably one of the most awful pieces of legislation that has been instigated ever. Parking you car in the wrong place = inconsiderate driving, someone then says "It annoys me" and you have both criteria met.
The legislation was originally intended to combat the use of mini motos by yobs. As that problem has now died down the police have found they can use it for all sorts of things. IT HAS NO JUDICIAL PROCESS. So if the copper issues you 2 Sect 59 notices they can seize your car and destroy it. You can't appeal, cos you ain't been to court, you have had no judgement made other than by the copper who nicks you.
It is an evil piece of legislation and should be fought, but there is no way to fight it.
The legislation was originally intended to combat the use of mini motos by yobs. As that problem has now died down the police have found they can use it for all sorts of things. IT HAS NO JUDICIAL PROCESS. So if the copper issues you 2 Sect 59 notices they can seize your car and destroy it. You can't appeal, cos you ain't been to court, you have had no judgement made other than by the copper who nicks you.
It is an evil piece of legislation and should be fought, but there is no way to fight it.
This is probably one of the most awful pieces of legislation that has been instigated ever. Parking you car in the wrong place = inconsiderate driving, someone then says "It annoys me" and you have both criteria met.
The legislation was originally intended to combat the use of mini motos by yobs. As that problem has now died down the police have found they can use it for all sorts of things. IT HAS NO JUDICIAL PROCESS. So if the copper issues you 2 Sect 59 notices they can seize your car and destroy it. You can't appeal, cos you ain't been to court, you have had no judgement made other than by the copper who nicks you.
It is an evil piece of legislation and should be fought, but there is no way to fight it.
The legislation was originally intended to combat the use of mini motos by yobs. As that problem has now died down the police have found they can use it for all sorts of things. IT HAS NO JUDICIAL PROCESS. So if the copper issues you 2 Sect 59 notices they can seize your car and destroy it. You can't appeal, cos you ain't been to court, you have had no judgement made other than by the copper who nicks you.
It is an evil piece of legislation and should be fought, but there is no way to fight it.
