Quick legal question
 

My wife was stopped in the STi this morning on the way to work. She was driving completely within the law at the time.They stopped her because when they were in their own car, off duty 2 days earlier, the car had shot past them at high speed. They had noted the number plate but not taken any action. They issued her with a warning of some description and said it lasted 12 months. If that car was seen speeding in the next 12 months then it would be confiscated and only returned upon payment of a fine (over and above the speeding fine and points). Surely warnings are down to the driver and not the car. Otherwise a hire car that was hired by 3 people at different times and all caught speeding would potentially get the car confiscated? Any comments -- can they stop someone with no real reason at the time?

I think the car may stay in the garage for a few months and I'll put the Clio Sport back on the road!!!!

Tell the police you want proof that you were speeding. And it would only apply to the person not the car. It seems that they were just trying to scare your wife. I have never heard of a warning that if you get caught speeding again they will take the car. I feel that you should complain to the cheif constable of the forcre against the officers.

This does sound a bit suspect. were the officers in uniform when she was stopped? I suggest you contact the local police station and ask for clarification as to what this warning is. I think they have to record them officially.

Highly suspect....

Although I didn't make this obvious in the first post, it was probably me driving on the Wednesday which makes stopping her even worse. Not sure whether the warning is aimed at her, me or the car!! Haven't seen the paperwork yet. We work in different areas so I'll see it later tonight. What I don't understand is if they wanted to warn me and they had noted the number plate, why didn't they just send a letter?

I have heard of cases where the police have tried to make contact with an owner following a complaint from the public re the way someone was driving. But if they can't prove who was driving this could be an issue. Hope it wasn't a scam to get the address of where the car is parked by people posing as police. Either way if it was a legitimate warning the police station should be able to tell you the official status of the warning. Let us know if their threat is legitimate!

I'm not sure about the warning bit but, under the terrorism act 2000 they dont need a reason to stop you.

The other thing that worries me is if a friend was driving my car and got flashed doing say 36 in a 30 limit, then I could lose the car and have to pay a fine to get it back. And there's me thinking cars were inanimate objects and hence blameless!!!! It looks as though it's now a naughty car !!

The more I think about this, the more convinced I am that they are bullsh1tting you/your wife.

Be interesting to study the paperwork - might just be a producer.....:)

Has to be scare tactics surely.........

So you get stopped again and they "invoke" the so called clause that states they "claim" they have now caught you speeding on two occasions within a 12 month period. Evidently this will be contestable and assuming you defend there would have to be the disclosure of proof to substantiate the charges. Obviously there is none from the first "incident".

Seems strange.

Plus lets be honest if all off duty policemen started enforcing this type of action whilst off duty the roads would be empty.

Well I suppose that would effectively reduce the accident rate!!

Not wanting to scare you, but I find this very suspect. Did your wife give them your address details as if these were not the real police they now know where you live/keep the car. I would report this to the Police ASAP !!!

It was a marked police car that stopped her this morning, and they were both in uniform. But they made her give name and address details (mine) she had to sign. Seems a bit strange. Not sure what exactly the paperwork is that she's got -- I'll look at it tonight anyway.

No points and no fine -- just a warning of some description.

Dont worry about it ...Itll just be a producer

I once had a warrant card flashed at me after a 'spirited' exit from a motorway & slip road ...guy was in a battered n reg mondeo & gestured me to pull over ...I 'gestured' he had no chance & drove off ...I never heard a thing

This is totally bizarre!

After all, if they had recognised the number as they claim, they would have been able to do a PNC search and find your name & address.... :cuckoo:

Be VERY careful, keep the car out of the way in a garage or somewhere else hidden. This sounds like they are "stalking" the car and could try and take it in the next few days, contact the police about this as soon as you can. Harry Boy is right they can get the address from a PNC search, they can also get convincing police uniforms from the internet.

Posting this on 5-0.com might shed a little light on the matter. As far as Im aware only the courts can order the confiscation of a vehicle though.

Simon

Absolutely true - the police cannot do this unilaterally. After all, what's the point of having a justice system that preaches innocence until proven otherwise....

Totally Dodgy,

Def report it to local station.


Mark

Just got to see the paperwork. Its a warning notice section 59 police reform act 2002. It mentions thing such as careless or inconsiderate driving, driving on moorland, pathways etc and causing alarm, distress or annoyance to members of the public. It says that if I drive the car in a similar way then they can seize the vehicle!! It has been filled in with my details but signed by my wife.
I didn't know such things existed. So an annoyingly loud exhast, or a distressing colour could get your car confiscated !!! :-) £105 to get it back. Doesn't mention any other fines or points. So I'd better be a good boy for a while.

http://www.westyorkshire.police.uk/s...sid=12&iid=656

Perhaps it was just the loud exhaust in the tunnel that upset them!! And not the high speed!!

Bit of research on s59....

This power was introduced to curb the groups of car users who gathered in big car parks in towns and villages and caused lots of noise and nuisance by wheel spinning, playing their stereos loudly etc....

sounds like you've pi$$ed them off when they were off duty (prob jealous) and they are holding a grudge. Under that law exhausts must be quieter than 101 db at 3000 rpm and they have to prove it b4 they can do anything, however they can charge you with breach of the peace if your exhaust is causing a disturbance (ie reving at 3am)

Your right Harry. Thought I'd seen this somewhere..........

Now remeber seeing it with enforced with the cruisers that sped up and down southend pier/ weston s.m etc. They could confiscate your car after an initial warning.

Very annoying though Sabre.

Still contact the police, they didn't conduct themselves correctly. Still sounds suss!

I think that may have a lot to do with it (along with a touch of excessive speed). The car in question is in fact a standard WR1, but it does have a slightly louder exhaust that the standard STi's, esp at full tilt -- and especially in a tunnel!!! On the night in question my wife was a short distance behind and described it as sounding like an f16 on full throttle !!!!

A related thread here:

http://www.lancerregister.com/showth...olice+and+spin

policemen are never off duty!

I had exactly the same thing. I was driving home one evening, within all limits when a policecar pulled off an industrial estate a min from my house ( waiting for me ??? ) they pulled me 30yrds from my house, and then proceded to pull the mats and gloveboxes out while I was sat in the Police Car.

The Offence..........................The previous day I had been spotted, racing with a motorbike on the expressway?????????? The fact me and a mate ( on the bike ) had been quick off the island ( it is a 70mph rd ) made it look quicker. He had been off duty and had just come off the island infront of us.

So I can quite believe this.

Although, Is it a Section 59 they cautioned her with????? I have one of these under my belt for driving my mates Escort Cosworth in the t/c late one night, just because I'm young and driving that car, I'm a nuisance.

So, the only thing I can say is mate, it could be a Section 59 stop. This is a kind of "boyracer" law.

Andy