Section 59 and a fixed penalty notice

Hey all just wondering if they are aloud to do this.

a few days ago i was going to get some lunch from college and i whacked back my hand a little to much and the wheel lifted (easily happens lol) and went straight back down about a mile down the road the dreaded blues are on from a undercover beamer.

well the under cover car was called to pull me over as there was a officer in a Citroen berlingo van behind me that sore it, well he pulled up after we stopped and he walked over to chat with us i said im really sorry i didn’t mean to and he was a rider and said i will receive a section 59 as a warning for the little wheelie if i get another within a year they can take my bike but he was really cool and said i wont lose my licence (i have 3 points all ready).

but the driver of the unmarked police car then issued me with a fixed penalty notice (3 points and £60 fine) after i have already had my warning, he took a photo of me as well the perv.

i don’t get it can he do this? my section 59 and the fixed penalty notice have different warrant numbers on but are both for the same offence and the officer that gave me the fixed penalty notice dident even see the offence surely they have to have seen a offence to give a ticket?

  1. You cant just open the throttle a tad on the 125 and it wheelies. Dont give it bollox about gearing, power, body weight affecting it. So it was intentional

  2. You deserve it. If you did nothing wrong then they wouldnt have stopped you. An officer saw it, so they called in the troops.

  3. Suck it up and deal with it, no one likes being caught.

  4. Section 59 is becomming very common now as part of a crackdown. Kent police are handing them out like sweets. I believe, from talking to some taffy officer friends, the offence is the fixed penalty, 3 points. The Sec59 is the preventative action and warning for any future ‘d1cking about’

  5. What are the other 3 points for? They probably are trying to ‘calm you down’ and stop you from becoming a statistic, whether disqualified or a bunch of flowers at the road side.

No smoke without fire. Dont fight fire with wheelies.

  1. i didn’t say i tad i fully opened it lol i was in first and not second at about 10mph and it lifted then dropped. 2) it was a accident i honestly didnt mean for it to lift i was in a main main busy road thats know for police being there if i wanted to wheelie it would of been a second gear clutch up. 3) it sucks and i have faced with losing my licence and starting again its annoying but i can deal with that its the 3 points for without due care and attention i cant deal with putting my insurance up stupid amounts for a honest accident if i was wheeling down he road then fair play i was stupid but it wasnt. 4) i was given the section 59 as a warning for that offence and that copper was about to leave and be done with it before the outer one appeared with the paper work in his hand.5) 36 in a 30 going to Hastings at the beginning of the year

Fair responses. maybe I was a tad harsh.

Again, I’ve rideen with you, your not stupid, you can control the 125 without it doing a wheelie.

maybe fight the 3points. Whats the worst that can happen? They stay on licence? Whats best…they remove them.

The 36 in a 30. Well I’ll leave that alone.

it was just one of those things i had been awake from 5am work from 6-9 out side in the rain then straight to college i just wanted to go get food and was just in commuter mode.

i stopped because it was a accident and if a police offer sore it they would know i wasn’t wheeling down the road as it was only up and down and he did under stand that it was this other officer who didnt see anything witch is why i find it so un fair he dident see what happend dident even really talk to me then issued me a fixed ticket after i had already been dealt with.

also don’t get me wrong i don’t want a section 59 on my bike or my name as you said they hand them out like sweets and if you get 2 they take your bike but losing my licence for it is just unfair

The section 59 sounds justified from what you say, but whether it is or isnt you can’t do anything about it. If you can be careful for 12 months it won’t be an issue. Be aware that the section 59 will make your bike attract more attention from police with anpr - so you must be VERY careful.

About the other ticket if that was for the same offence and not witnessed by that policeman then you may have grounds to fight that. Pop over to pepipoo if you want some advice there although if you do they will not appreciate your comments of “accidental” wheelies so best you start off with taking responsibility for what you did.

Take it easy out there…

Yea, Kent Police - bloody sweetie men bruv!

Watch yourself Ross - get a 4 stroke instead hehe.

was just about to get legal on my 2 stroke 230 and now thinking maybe a drz would be better haha

1)I know it’s possible to “accidentally” wheelie, however… How far did you travel?

  1. did you pull over to the side of the road straight after returning the wheel to the floor (but before you saw the blue lights)?

If it was a genuine accident then I would appeal it, if you did pull over immediately after then mention that in the appeal and explain that it “scared you a little…” And that Being handed a section 59 is very unreasonable considering it was infact an accident. A verbal warning or some words of advice would have worked just as we’ll…
Then explain that the officer that saw it gave those words and the officer that pulled you gave you the 59

I don’t think there is any appeal process for a section 59. You can complain about the officers but that’s an uphill battle and won’t release the s59.

not sure how far it just went up and down so as im doing around 10-15 mph id say maybe a meter if that

no i didn’t pull over straight away i kept going to get some lunch and pulled over when the blue lights came on behind me i had gone a mile down the road when the other car pulled us.

the officer that saw it gave me the section 59 and the officer that pulled me gave me a fixed penalty

Oh ****!
There is actually a “ticket” you can’t appeal… I’m shocked…
I assumed there would be with all the things we have to make available in this country, any how…

Here is a petition to sort it… I doubt it will do much but it may help!

You can’t appeal but you can get the s59 removed, it isn’t easy but if it was done without reasonably grounds for believing that you were driving carelessly AND likely to cause distress or annoyance to other people then it was issued in error and can be removed.

I think the first steps are writing to someone higher up in the police department that gave you the ticket and the last step is issuing proceedings in judicial review to ensure that the police force has exercised their public powers correctly.

If you are going to write to the head of the police you should include in your response the word “ultra vires”, to put it into context you would try to include a sentence that reads something like:

“I do not believe that the issuing of the s59 notice was in accordance with the rules governing their issuance and that therefore the s59 notice was issued ultra vires.”

I would offer to help you, but to be completely honest, I am snowed under at the moment keeping up with the things I have on my plate, and just been told that I will lose my entire work day tomorrow as I have been reminded of a commitment I would like to keep.

thanks for the advice for the section 59 but ill happily take that i just want to get the fixed penalty notice removed as i will get my licence revoked for reaching 6 points (i got 3 when i was on l plates)

You can still keep your licence

As rare as it is, I know 12 points and you loose it, 6 point provisional or the first 2 years is the same,

But a guy I worked with had 24 points and still had his licence…
Insurance was a bomb, and was very hard to find a company that would cover him, but it was possible

Ok say maybe you can fight that. If you are sure that the officer that issued the ticket didn’t see the offence, it is possible that you could fight it in court and hopefully they would screw up by not having the other officer there.

There may be other ways to fight the ticket also but you’ll need some help with that…

If the officer that stopped you gave you the FP surely he didn’t witness it so it’s hearsay, if that was the case we would have no system based on fact just hearsay which I can’t see how that will hold up. Deny the FP then when it goes to court simply ask if that officer see the offence, did you do it, NO, why, he didn’t witness it so how can he give you a FP, this whole S59 is complete crap and you first mistake was to admit that the wheel left the ground.

Rant over but it makes my blood boil.

All the best

m just getting more and more confused now. the FPN states offence code “124 driver not in proper control” now when im searching for that offence code its coming up “124You MUST NOT exceed the maximum speed limits for the road and for your vehicle (see the table below). The presence of street lights generally means that there is a 30 mph (48 km/h) speed limit unless otherwise specified.Law RTRA sects 81, 86, 89 & sch 6”

A work colleague got 124 driver not in proper control for using a mobile phone while driving. (He got a written warning from work over it too, our company is very strict on not using phones while driving unless you have hands-free). Pretty sure the description you’ve found is bogus, and the code is correct - 3 points and £60 fine or something.

I strongly suggest that if you want to fight it, you run don’t walk to the fightback forums…

You’re confusing the offence code with the numbered sections of the highway code, they’re 2 separate things.