Thanks Kaos, very useful, I guess my concern is that if I did actually get pulled over for another driving infringement, that having this against me would increase the penalty that would be dished out against me. Like I said, if they had given me the points and fine, thats fair and reasonable, but S59 sounds more severe and like Im some kind of reckless driver wreaking havoc on estates and would leave me without a leg to stand on if I do cock up in some other way. In my defense, the Met Police said I was an excellent rider and they were really impressed with my riding, I have that in writing just in case but I bet that doesnt hold as much weight I called a couple of solicitors and they said they had heard about this law being misused and the advice they gave me was “just drive carefully for the next year” but this doesnt matter because even though its only valid for a year, apparently it never gets wiped from your record. So for those reasons, I want it off.
They can’t issue points and a fine without evidence, and any contention would take up too much time…this is from the coppers perspective, it is easier for him to give a s59 as it has the desired effect of punishing you for speeding, which he may KNOW you have done but cannot prove, and also has the same effect as points, such as making you more careful in the future.
From everyone else’s point of view…if you can’t prove someone has committed a crime, then is it fair that you get to dish out punishment anyway? Surely the whole point of having to prove someone has committed a crime is to stop an abuse of power simply because someone is having a bad day and is frustrated because he can’t get past the end boss on Street Fighter 4 on the Xbox.
I would write the letter if I were you, if you want a hand drop me a PM and I will write something up for you.
Give them 14 days to reply. Request all information that may be relevant, including the Police Officers Number, the time and date the s59 was issued, where it was issued and under what circumstances, which the police have on record.
Include the facts of the case. Point out that the issuance of the s59 was ultra vires as there was no corresponding offence under s3 of the Road Traffic Act 1988. That you feel that the officer has failed to understand correctly the law that regulates s59 and has failed to give effect to that law.
State in the letter that you request that the s59 be removed entirely from your record.
I called a couple of solicitors and they said they had heard about this law being misused and the advice they gave me was “just drive carefully for the next year” but this doesnt matter because even though its only valid for a year, apparently it never gets wiped from your record. So for those reasons, I want it off.