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'Illegal' Exhaust

Old 12 June 2005, 10:43 AM
  #181  
davedipster
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Surely the fine is only being paid because time is running out and they don't want this guy going to court without the full test report being available.
Paying the fine does not admit guilt, it just avoids the courts this time.
Old 12 June 2005, 10:51 AM
  #182  
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Originally Posted by Daryl
You can't get a criminal record for this type of offence.
Exactly my point.
Old 12 June 2005, 12:16 PM
  #183  
Stainy
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But paying one is still an admission of guilt. In the case of a speeding fixed penalty for example, you admit guilt and they give you points on your licence (which is a form of criminal record)
Old 12 June 2005, 04:18 PM
  #184  
Iain McLaren
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Paying a FPN also means that you can never, ever, ever, under any circumstances try to challenge it in the future. Even if some new evidence came to light. Fair system, huh?

Apparently Subaru are more than aware of this though...

Originally Posted by Stainy
But paying one is still an admission of guilt. In the case of a speeding fixed penalty for example, you admit guilt and they give you points on your licence (which is a form of criminal record)
Old 12 June 2005, 04:27 PM
  #185  
Iain McLaren
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Hi,


I've had a private message which I'm not going to quote, nor am I going to say who it's from. In a nutshell, Subaru are gonna sort it and we should let 'em get on with it in peace for a little while .

<annoying-winner-advert>Don't worry dears, it's only an exhaust</annoying-winner-advert>

Iain
Old 12 June 2005, 04:30 PM
  #186  
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Originally Posted by Iain McLaren
Hi,


I've had a private message which I'm not going to quote, nor am I going to say who it's from. In a nutshell, Subaru are gonna sort it and we should let 'em get on with it in peace for a little while .

<annoying-winner-advert>Don't worry dears, it's only an exhaust</annoying-winner-advert>

Iain
Old 12 June 2005, 04:34 PM
  #187  
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OK, sounds good I still have faith I think.....
Old 12 June 2005, 07:15 PM
  #188  
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Cool, I think we'll all be watching this space, I hope it all works out
Old 12 June 2005, 08:31 PM
  #189  
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Perhaps they are going too recall all the police cars with PPP that would teach the police a lesson LOL.
Old 12 June 2005, 08:48 PM
  #190  
MTR
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Iain,
Keep the pressure up.
Do not accept any kind of fob off.

Letters to the Department Of Transport, Subaru, Prodrive, Top Gear, Driven, Fith Gear, and a host of magazines as well as the SUN only costs a few pounds in postage + £30 for a fine.
We could have a whip round to cover that.

If Subaru/Prodrive don't use their financial and legal clout to resolve this firmly and effectively what would the bad publicity and lost revenue cost them?

Cheers
MTR

Last edited by MTR; 12 June 2005 at 09:02 PM.
Old 12 June 2005, 10:07 PM
  #191  
Tim W
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Originally Posted by WR1 Ant
Perhaps they are going too recall all the police cars with PPP that would teach the police a lesson LOL.
Actually, you could take this one step further and contest any prosecutions brought about by officers driving PPP equiped cars, on the grounds that their vehicles were being driven in an un-roadworthy state*!

*IIRC Any police vehicle with a fault that would cause it to fail an MOT has to be immediately withdrawn from service until the fault is rectified
Old 12 June 2005, 11:20 PM
  #192  
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Stay calim little kiddies
Old 13 June 2005, 03:20 AM
  #193  
warrenm2
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Originally Posted by Iain McLaren
Hi,


I've had a private message which I'm not going to quote, nor am I going to say who it's from. In a nutshell, Subaru are gonna sort it and we should let 'em get on with it in peace for a little while .

<annoying-winner-advert>Don't worry dears, it's only an exhaust</annoying-winner-advert>

Iain
Fair enough, but have you got a deadline on action?
Old 13 June 2005, 05:42 PM
  #194  
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Lightbulb

You lot are like a bunch of sharks with the smell of blood in the water!

Calm down - Iain's said Subaru will sort it. Let's wait and see what they do!
Old 13 June 2005, 07:07 PM
  #195  
MTR
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Pavlo,
I am calm.
I am not a kiddy.
I am however as the owner of a £30,000 STI Prodrive with PPP, with justification, extremly perturbed by this fiasco.

Mungo,

Here is the first post that gave a glimmer of hope.
Originally Posted by Iain McLaren
Subaru have been in touch with my dad.

They are going to take his car down to Bedfordshire, to an independant testing center, and conduct noise tests based on the following:

Static and drive-by tests with his car (as per current legislation).
Same with a new PPP exhaust system fitted.
Same with a standard WRX exhaust fitted.

They're then going to remove the PPP and run all the tests again. This will give a definative set of results that says which component adds what to the sound output.

They've written to Northern Constabulary asking for their sound-testing procedures (LOL)

While all this is going on they're supplying a replacement car.

Now that's customer service!!!

Will keep you all posted.

Iain
Sounds promising doesn't it?


Followed by response number 2, which wasn't so positive.
Originally Posted by Iain McLaren
Just received a scan of the letter... It says Subaru believe that the police's action is unjustified and could be defeated in court, but the cost of doing so would be far greater than the FPN.

Not good. How many other FPNs would it take them to pay before it would be worth their while???

The letter goes on to say that Prodrive are continuing to investigate the matter, with "the objective of ensuring that you are completely free of any risk of a recurrence of this problem". So he'll get it back with either a) a PPP exhaust that's OK, b) a WRX exhaust or c) a new PPP exhaust that's quieter than the original.
Iain
Not quite so promising, and Iain doesn't seem best pleased about it either.
Is he baying for blood, or justice?

This second response might resolve this specific problem, but what about all the other PPP Impreza owners?

Personally I am incandesant with rage at such a dismissive suggestion.


Then we have response number 3.
Originally Posted by Iain McLaren
Hi,
I've had a private message which I'm not going to quote, nor am I going to say who it's from. In a nutshell, Subaru are gonna sort it and we should let 'em get on with it in peace for a little while .

<annoying-winner-advert>Don't worry dears, it's only an exhaust</annoying-winner-advert>

Iain
So everythings OK now.
But why the swaying from one apparent course of action, full vindication to another(£30 cheque), back to full vindication?

Talk is cheap.

Until the two multinationals who were happy to take my £30K carry out their moral and LEGAL obligations to COMPLETELY VINDICATE THE PPP KIT IN ITS AS SUPPLIED CONDITION ie not modified in some way to quieten it down, I will continue to simmer, as I suspect will many other trusting Subaru customers.

Anything less complete vindication will not be satifactory for ALL THE REMAINING PPP OWNERS.

A replacement PPP exhaust that is as quiet as the std WRX system and prevents future legal proceedings, is NOT a std PPP exhaust, as they DO increase the noise level above std.
That is what the Police are prosecuting Iains dad for.

Subaru and Prodrive MUST fight this to set a precedent and to clarify the legislation.
Or refund the monies to all the PPP owners out there, who have paid to become illegal.

Cheers
MTR

Edited to add I wish this thread had been called 'Illegal PRODRIVE Exhaust'.
To dispel any ambiguity about its content.

Last edited by MTR; 14 June 2005 at 12:13 PM.
Old 13 June 2005, 08:36 PM
  #196  
DEEDEE
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How about if everyone wrote to Prodrive requesting information, on having PPP fitted to their cars. We could then finish the letter by saying you have read a post refering to this very matter, and feel that if we where to go ahead with the fitment, we would possibily be breaking the law.
Old 13 June 2005, 08:46 PM
  #197  
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How about we wait and see what happens. Then do something like that if you do not like the outcome?
Old 13 June 2005, 08:52 PM
  #198  
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It's certainly true that one of the reasons I bought the PPP as opposed to any of the alternatives for my MY00, was that I believed it was the only legal aftermarket exhaust because of its unique 'e' mark. Mike Wood of Prodrive has alluded to this on numerous occasions.

Now it would appear that may not be the case - and despite my searches, I can't find any evidence that an 'e' mark is either necessary or sufficient for an exhaust to be legal in the UK. The Construction and Use Regulations do indeed state than an exhaust may not be modified after its manufacture in order to increase the noise level, and they don't mention any requirement for an 'e' mark. By that reckoning, a Prodrive exhaust is no different to any other in legal terms.

I stand to be corrected by anyone with greater expertise and/or better evidence, of course.
Old 13 June 2005, 09:59 PM
  #199  
Iain McLaren
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With hindsight, I should have probably delayed posting the latest developments until I understood what Subaru were doing better.

The money for the FPN (which was paid today *) was simply to get my dad in the clear as it were, and to prevent any (more) unnecessary distress caused by the incident.

I think Subaru's point is that dispersing legal resources to fight one case at a time isn't the way to go. What they need to do (and are doing) is sorting the problem out once and for all, for everyone. Being bombarded with letters or calls of inquiry can only delay this...

What will help though are other examples of drivers being prosecuted for their PPP (or 3rd party?) exhaust. I know there have been some in Highland Region, but none have come forward to lend their weight to the campaign. If you know of someone, please post here, send me a PM, or email me - imclaren[at]techie[dot]com.

I'm sure there are enough people interested/concerned by this issue that it won't be dropped. Just because it's been sorted out from my family's point of view doesn't mean that I'll have no further interest in it either. I will keep posting info as appropriate and nagging the necessary people for updates!

Cheers,

Iain

* at least he went to pay the FPN...I haven't heard from him since. No phone call from HMP Inverness asking for his solicitor either. Hehehehe!
Old 14 June 2005, 06:57 AM
  #200  
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Iain and MTR,
it's quite a hornets nest/Can of worms I can see Prodrives position at the moment PPP isn't Illegal although a FPN was paid the "Owner/Driver" has admited is was and not a court of Law.
If Prodrive took it on in Court it could have then been deemed "Illegal". Simularly the CPS, they may have to pay "ALL FPN" fines for this back as the case would r could be VERY expensive to both parties, a lot of risk with so little gain. I would imagine a little bit of clock and Dagger stuff and CPS and layers will make a pact.

Athough long winded the European Court would be the best option were a member (Scotland) introduces a a By-Law that makes a Car optional extra which is totally legal to buy and sell within the EU and will pass a SUVA test, made Illegal by that law

IMHO

Tony
Old 20 June 2005, 09:51 AM
  #201  
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Why don't you show them these photos. LOL

http://bbs.scoobynet.co.uk/showpost....96&postcount=3

The second one doesn't look to be the standard pea shooters!!!!

What is the latest??
Old 20 June 2005, 12:21 PM
  #202  
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Looks like a PPP exhaust to me. There were a few PPP'd 00MY Impreza's around York, not sure if they are still in service though.

Who is going to report thae car in the pics?!

I hope this gets sorted soon, I would be very unhappy to be pulled and booked for an official Subaru upgrade. I will print the picture of the back of the PPP'd Police car and leave in the glovebox, just in case I get stopped.
Old 20 June 2005, 12:45 PM
  #203  
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I wish that would stop them booking you. But the Police appear to be immune to everything, especially getting caught speeding as shown in news recently. I suppose when they are all down the lodge bearing their left nipple and right trouser leg rolled up knee high, or playing a round of golf, they have to boast about booking someone, which actually goes to court. Kiddie molestors, car thiefs, grannie muggers etc are just to hard for these dim wits to actually follow through to prosecution.

Originally Posted by DJ140
Looks like a PPP exhaust to me. There were a few PPP'd 00MY Impreza's around York, not sure if they are still in service though.

Who is going to report thae car in the pics?!

I hope this gets sorted soon, I would be very unhappy to be pulled and booked for an official Subaru upgrade. I will print the picture of the back of the PPP'd Police car and leave in the glovebox, just in case I get stopped.
Old 20 June 2005, 08:52 PM
  #204  
MTR
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Originally Posted by Iain McLaren
I think Subaru's point is that dispersing legal resources to fight one case at a time isn't the way to go. What they need to do (and are doing) is sorting the problem out once and for all, for everyone.
So they say.
I will believe it when I see it.
They were sorting the PPP insurance problem out 12 months ago.

Originally Posted by Iain McLaren
Being bombarded with letters or calls of inquiry can only delay this...
Iain,
No disrespect to you, I don't believe these are your words.

I fail to see how answering extremely valid questions from their customers about the 'illegality' of the product they have purchased should prevent the problem from being sorted out.

Once Subaru/Prodrive enter into discussion/correspondence with the government legal bodies to gain clarification as to what is allowable, are we supposed to believe they employ ONE individual who is sat for a full 8 hour shift, 5 days a week, talking continuously to his/her oppo at the DOT.

Unlikely really.

So when they have finished their phone calls, sent their letters etc to the DOT and whoever else, they should find the time to graciously reply to the people (the mithering customers) who have paid their company money, which is used in part to pay their wages.
I am a bit of a stickler for that sort of thing.

To be brutally frank, it sounds more like certain individuals would rather not get pestered by us, and have to 'grasp the nettle'. (Apologies for the bullsh*t business meeting type quote, but I expect it is used a lot in multinationals).


I've no doubt they would rather not receive formal written complaints/enquiries, as if subsequently the individual customers who have written, falls foul of the law, re noise from his exhaust it will put Subaru/Prodrive in a extremely difficult legal position.
They will not be able to claim lack of knowledge of the potential illegality of their products, and a decent lawyer acting for the customer would exploit that.

Cheers
MTR
Old 28 June 2005, 06:09 PM
  #205  
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Has any more ever come of this????
Old 28 June 2005, 08:29 PM
  #206  
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Why not have a whip round and buy a wrx with ppp and a tent. I would then drive it round Inverness untill i am nicked, and after i got the FPN i would go and camp outside prodrive and you could write to the papers\tv (i do fancy that bird from gmtv kate gallaway (ithink that is right)) for me i think that should get this sorted one way or another.



Btw

I did consider a hunger strike as well, but i like my food to much i will leave that one for Wrx Bill
Old 28 June 2005, 10:57 PM
  #207  
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Well, it's one way to fill the coffers if people are slowing for the Scameras.
Old 30 June 2005, 01:13 PM
  #208  
Iain McLaren
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Nothing yet. Subaru/Prodrive still have his car...

Originally Posted by craigdmcd
Has any more ever come of this????
Old 13 July 2005, 09:29 AM
  #209  
Iain McLaren
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Apparently there's a high-power meeting at Subaru today to finalize/discuss the problem.

Hopefully know more this afternoon...

Originally Posted by Iain McLaren
Nothing yet. Subaru/Prodrive still have his car...
Old 13 July 2005, 10:58 PM
  #210  
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Thumbs up

Originally Posted by Iain McLaren
Apparently there's a high-power meeting at Subaru today to finalize/discuss the problem.

Hopefully know more this afternoon...
I hope they resolve this for you

it does seem strange that's "Legal" Car in the UK and EU can be made "Illegal" by Scotish bylaw

I wonder if the "Uk" made a law that "No cars may be altered ANY way after Prodution" this would kiss goodbye to all manufactures Optional extras.



Tony

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