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 Post subject: section 59 warning
PostPosted: Mon Apr 20, 2009 3:34 pm 
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Hi All

Yesterday (19/04/09) whilst filling my motorcycle with petrol at a Tesco filling station in Glyn-neath South Wales I was questioned by two Police officers who said that due to the state of my bike i.e. its muddy condition they had reason to believe that i had been using it on forestry land and therefore were giving me a warning under section 59. When i asked what this was i was told that if i or any vehicle registered to me was stopped again it could be seized and destroyed. No paper work was issued.

I explained that i had been riding on green lanes and my bike was muddy after the Welsh Trail Riders Snowrun Enduro on the previous week. This did not seem to make any difference. My bike is completly road legal and i produced documentation to support this.

My main concern is was a warning under sec59 given due to no paper work and if so is there an appeal process as i was not riding nor had been riding illegally.

Any help much appreciated

Kind Regards to all - Dene


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 Post subject: Re: section 59 warning
PostPosted: Mon Apr 20, 2009 4:51 pm 
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email the chief cunstable acpo.staff.office@south-wales.pnn.police.uk

and ask what the hell they're playing at. Provide a map of where you had been legally riding and the location where you were given the warning.

btw you cannot appeal a S59 warning.

the powers are:

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,

even if they have cause to believe part A was commited, where's the cause for part B?


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 Post subject: Re: section 59 warning
PostPosted: Mon Apr 20, 2009 5:15 pm 
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Hi

Thanks for the quick reply and info Jazzy1. I will email the chief constable and post his reply here.

After some research on the web it seems that the officer should have asked me to sign something to confirm my acknowledgement of the S59 warning. Does anyone know if this is true?


Regards - Dene


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 Post subject: Re: section 59 warning
PostPosted: Fri Apr 24, 2009 12:47 pm 
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Nice one Dene.

One has to be proactive...

Guess who...


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 Post subject: Re: section 59 warning
PostPosted: Fri Apr 24, 2009 12:50 pm 
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Dene

You could also try

http://www.glass-uk.org/

and

Those 4 wheel drive forums.

Somebody must have a suitable Solicitors letter for this...


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 Post subject: Re: section 59 warning
PostPosted: Fri Apr 24, 2009 7:47 pm 
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There's no mechanism for an appeal.

But it would appear that, on the facts given, there has been an abuse of process.


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 Post subject: Re: section 59 warning
PostPosted: Sat Apr 25, 2009 9:30 pm 
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Location: Surrey
I have to profess my ignorance here, but i simply can not believe that you could be given such a 'warning' and not receive any paperwork. Surely the fact that you don't know whether you've been warned or not must be an abuse of your civil rights. I suspect you've suffered at the hands of a police bully. Was he definitely a copper? If he was, perhaps he was using some license to 'scare' you into good behaviour in case you had been wayward.

Again - i am only surmising.

Whatever, it sounds absurd, and completely unjustified. If you got this public servant's ID maybe you should complain.


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 Post subject: Re: section 59 warning
PostPosted: Mon May 04, 2009 8:15 pm 
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White Husky wrote:
I have to profess my ignorance here, but i simply can not believe that you could be given such a 'warning' and not receive any paperwork. Surely the fact that you don't know whether you've been warned or not must be an abuse of your civil rights. I suspect you've suffered at the hands of a police bully. Was he definitely a copper? If he was, perhaps he was using some license to 'scare' you into good behaviour in case you had been wayward.

Again - i am only surmising.

Whatever, it sounds absurd, and completely unjustified. If you got this public servant's ID maybe you should complain.


Richard S might come back with a better reply than I can give you but, yes, it may sound abserd and completely unjustified, but yes they (a uniformed officer or uniformed community support officer) can issue a S59 without any paperwork. Some police forces give paperwork but it is not all do. If you are a member of the TRF I would suggest you contact your group rights of way officer or regional officer.
What they do have to demonstrate are the two tests mentioned in an earlier posting. By understanding some of the law, it helps in case you get stopped.


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