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PostPosted: Fri Aug 12, 2005 11:54 
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Link to thisislincolnshire.co.uk

Sorry for the long link, i have no idea how to shorten them. *

This is worrying. How can they just take your car away, or is there something i am missing.

Yet again, because people were over the speed limit it was classed as dangerous, why??

* Link hidden by moderator - see example below

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[url=http://www.thisislincolnshire.co.uk]Link to thisislincolnshire.co.uk[/url]


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PostPosted: Fri Aug 12, 2005 12:14 
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I think there are a lot of laws out there that have been introduced by "stealth" that we have yet to see used.

We have seen a guy banned from driving without committing a motoring offence.

And who could have thought Section 172 would have ever been used for speeding.

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PostPosted: Fri Aug 12, 2005 12:28 
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Looks to me like a total abuse of police powers - adding more than double the cost of the fine to a simple offence. I can see this escalating and ending up with an increase in assaults on the police, or police cars getting rammed, or more "pursuits" as cash-strapped motorists are driven to desperate measures to hang onto their (often) means of livelyhood.

What next? Impound the shoes of jaywalkers?

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PostPosted: Fri Aug 12, 2005 12:36 
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Just noticed something else in the newspaper article..

Quote:
Between April 2003 and March 2004, around 61,000 drivers were flashed by the county's 19 speed cameras, which rotate around 56 roadside boxes.

Of these, 31,621 people paid a fine or ended up in court.

That means nearly 30,000 didn't!

Does this mean that in Lincolnshire nearly 50% of speeding cars are unregistered / cloned / otherwise untraceable? If so, what are the figures like in the rest of the country? No wonder JJ and his partners in crime baulk at allowing these figures to be released under the FOA.

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PostPosted: Fri Aug 12, 2005 13:04 
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If the facts are as portrayed in the article, then the police officer has abused his authority and is acting outside the the provisions of sec 59 or the act:

http://www.opsi.gov.uk/acts/acts2002/20030--f.htm#59

Firstly the offence of speeding is likely to be outside that which would cause offence or alarm. How can actions of the majority be offensive or alarming?

secondly a warning must have been issued.

lastly I think I will ask my local police to confiscate the speed camera partnerships talivans as they are definately causing alarm to motorists.


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PostPosted: Fri Aug 12, 2005 13:20 
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pogo wrote:
That means nearly 30,000 didn't!


They were police cadets...... :roll:

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PostPosted: Fri Aug 12, 2005 13:28 
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It said that a warning had been issued for the previous offence. I can easily see that some people would find fast moving vehicles alarming.

I'm not certain my insurance would cover my car while impounded - certainly my policy excludes cover in the event of being impounded for illegal parking. As most cars that get impounded seem to get badly smashed up, at least they do at one I walk past sometimes, you will actually lose a LOT more money through this process.

Perhaps we need to start a religion for our beliefs, that way all this modern legislation would actually serve to protect us.


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PostPosted: Fri Aug 12, 2005 13:39 
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One might wonder what happens if a car on hire-purchase gets impounded. Oh, I know the hirer will still be liable to pay the monthly installment, but what if he/she doesn't? Sure, the hirer will get a CCJ, but will he care? The storage charge will go up and up and, eventually, the hirer will just give up. The HP company (the owner) will have only recourse to their property to recover any cash, but the vehicle, their property, will still be impounded. Then again, if it gets damaged, the HP company could have a claim against the Police for failure in their duty of care in respect of seized property.
Another scenario is what happens if it's a company car on a lease agreement which gets seized? This could happen. The employee gets sacked and, presumably, the owner pays the release fee which was nothing to do with him in the first place. Justice? It's a can of worms.


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PostPosted: Fri Aug 12, 2005 13:40 
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I'm not condoning what happened in the slightest, but you have to admit that if the kid's been given a warning already, and he's not just going SLIGHTLY over the limit doing 50 in a 30, then he'd be pretty bloody stupid to do it again.

Like I said, not condoning the police's actions in this case, but that is one STUPID driver, and I have no sympathy.

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PostPosted: Fri Aug 12, 2005 16:04 
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Safe Speed issued the following PR at 12:27 today:

PR231: Vehicle seizure means road safety danger.

News: for immediate release

News is emerging that a motorist has had his car seized by Police in
Lincolnshire for SPEEDING.

(Health warning: It's quite possible that this particular motorist was causing
a danger and deserved to have his car seized. However...)

Paul Smith, founder of the Safe Speed road safety campaign
(www.safespeed.org.uk) said: "Giving the police powers to seize property -
amounting to a criminal penalty applied without trial - was a very dangerous
mistake. While it is possible for such a power to be used in the public
interest it is also possible for such a power to be abused - and no court is
involved to ensure fair play."

"But the thing that really scares me is that millions of responsible drivers,
at safe and appropriate speeds will now be fearful, paranoid even, about the
risk of vehicle seizure. Road safety entirely depends on drivers paying proper
attention to the road ahead, not worrying about minor technical infringements.
We've shifted the balance with speed cameras and the roads have become more
dangerous as a result. This sort of case makes it even worse."

"Technical speed enforcement is out of control. The speed limit is not the
safety limit. Sometimes the safe speed is far below the speed limit and
sometimes far above. The authorities must recognise this immediately because
road safety entirely depends on responsible drivers adjusting their speed to
suit the conditions."

<ends>

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PostPosted: Fri Aug 12, 2005 17:35 
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Cooperman wrote:
One might wonder what happens if a car on hire-purchase gets impounded....


Ever parked a car worth less than a grand in a tow away zone? You'll likely find it untouched.

The private clamping firms know that a car worth less than a grand will fetch about 200 quid at auction and cost them at least 400 to store and dispose of it. Hence they'll clamp the 5 grand car parked next to it.

Paul's PR note should perhaps focus on the fact that this kind of legislation ecourages 'disposable driving' and increases the likelihood of rogue drivers opperating outside the system.


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PostPosted: Fri Aug 12, 2005 19:27 
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That was quick.......http://www.thenewspaper.com/news/05/592.asp

Quote:
"Giving the police powers to seize property --amounting to a criminal penalty applied without trial -- was a very dangerous mistake," said Paul Smith, founder of the Safe Speed road safety campaign. "While it is possible for such a power to be used in the public interest it is also possible for such a power to be abused -- and no court is involved to ensure fair play."

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PostPosted: Fri Aug 12, 2005 19:35 
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Wow. Surely Human Rights Act rules must come into play if there is no court involved in the process. :?


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PostPosted: Fri Aug 12, 2005 19:51 
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Zamzara wrote:
Human Rights Act rules must come into play


That only applies to terror suspects and asylum seakers. If you are a British national you are screwed. S172 anyone... :x

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PostPosted: Fri Aug 12, 2005 20:50 
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diy wrote:
Paul's PR note should perhaps focus on the fact that this kind of legislation ecourages 'disposable driving' and increases the likelihood of rogue drivers opperating outside the system.


Excellent point, thanks, but too late for the PR sent earlier.

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PostPosted: Fri Aug 12, 2005 21:02 
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pogo wrote:
Just noticed something else in the newspaper article..

Quote:
Between April 2003 and March 2004, around 61,000 drivers were flashed by the county's 19 speed cameras, which rotate around 56 roadside boxes.

Of these, 31,621 people paid a fine or ended up in court.

That means nearly 30,000 didn't!

Does this mean that in Lincolnshire nearly 50% of speeding cars are unregistered / cloned / otherwise untraceable? If so, what are the figures like in the rest of the country? No wonder JJ and his partners in crime baulk at allowing these figures to be released under the FOA.


It means that, as I have suspected, the scamerateri KEEP ALL INFO THEY COLLECT AND LET YOU OFF FOR MAYBE 10 OFFEENCES BECAUSE YOU MUST HAVE SEEN THE FLASHES!! then start sending out NIP's willy nilly, the silly billy's,

don't the gov and scammers realise we all have been forced to go to school and learn things deemed useful by the gov, and now we are applying that hard won experience in the defence of our licence and job's and lifestyle

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PostPosted: Fri Aug 12, 2005 23:17 
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When I was a kid, I was brought up to believe that taking other people's property that didn't belong to me was STEALING.

It would appear that the police don't want to mess around with mere sixty quids any more. They just want to put into practice all that hard earned knowledge from all those chavs they once used to chase before "RoboCop" came into being.

The Police in Lincolnshire now simply practice what to all intents and purposes is nothing more than theft at the roadside.


Perhaps they should run their next lot of recruitment ads at Brixton Prison or Dartmoor; there they're likely to get the right sort of scum to implement this 'strong-armed' policy properly.

What is it? If you can't beat 'em, join 'em?


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PostPosted: Sat Aug 13, 2005 09:49 
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PaulF wrote:
When I was a kid, I was brought up to believe that taking other people's property that didn't belong to me was STEALING.

Not really stealing... The 1968 Theft Act defined theft as "the dishonest appropriation of goods belonging to another with intent permanently to deprive..".

The crux of the matter is "dishonest"... Lincolnshire police appear to believe that they're honestly above the law. :x

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PostPosted: Sat Aug 13, 2005 10:24 
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diy wrote:
Paul's PR note should perhaps focus on the fact that this kind of legislation ecourages 'disposable driving' and increases the likelihood of rogue drivers opperating outside the system.

As well as encouraging 'disposable driving', there is also the distinct possibility that it will also encourage dangerous/reckless driving.

Picture this....

Spotty 17 year old has spent (what is to him) a princely sum on 'customising' (I use that term loosely) his fucked Astra, 206, Saxo, etc.
Now while his car probably belongs in the 'disposable' class even more so than before he modified it, Chavboy isn't going to see it like that and there is every likelihood that he will be tempted to floor it if he thinks he is going to lose his pride & joy.

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PostPosted: Sun Aug 14, 2005 00:44 
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pogo wrote:
PaulF wrote:
When I was a kid, I was brought up to believe that taking other people's property that didn't belong to me was STEALING.

Not really stealing... The 1968 Theft Act defined theft as "the dishonest appropriation of goods belonging to another with intent permanently to deprive..".

The crux of the matter is "dishonest"... Lincolnshire police appear to believe that they're honestly above the law. :x


Of course, strictly speaking, it isn't theft as defined by the 1968 Act... It just seems like it is, that's all; along with all their cameras which meticulously record fractions of an MPH in excess of the speed limit without any regard to the road conditions, weather, other road users, state of the driver and vehicle, etc, etc, etc.

Such a shame that they don't or can't catch muggers, child molesters, rapists, burglars, shoplifters, drug-pushers and the like with the same zest.

Yes, I do acknowledge that the police have a very difficult job to do anyway - without being used to effectively steal money or other property from ordinary people otherwise going about their lawful business.

This over zealous indescriminate enforcement and use of laws which were never intended for this purpose brings the whole system into disrepute. The police are supposed to be there to be our servants - to deter and prosecute people who take the piss out of the law and other people - not take the piss out of the enforcement of the law themselves.

We are supposedly policed by consent in this country: Well, I've withdrawn my consent since having my £60 'legally' thieved off of me when I was hurting no-one and simply going about my lawful business. How many more people's respect can those in authority within the police forces across the country afford to squander before the country becomes ungovernable?

I have said before: As an individual, I am just one of 60,000,000 people - so I am expendable - as are the few thousand who question these policies who post on this board - as are, no doubt, the respect and support of the 31,621 poor bastards who have been fined in Lincs....

No, the country won't just 'stop' tomorrow: But let's do some simple maths. If 1 person in a hundred says "fuck the law", he is out numbered by 99 to 1. When a second joins in that number drops to 49 to 1. A third makes it just over 33 to 1. A fourth makes it 25 to 1, the fifth means 20 to 1. The sixth becomes 16 to 1.... How long before this number becomes 1 in 5 or one in 4?

Serious question for all the pro-theft lobbies who are taking the law to its extremes.... Seriously... You have taken £60 of my money on the pretext of law and order and 'safety' because I was pictured driving past a fixed point at 35 mph. The same picture shows that ther were no pedestrians about; indeed, no other vehicles at all. It also shos it was dry and good visability. How do you expect me to feel having been on the recieving end of blunt letters that are abrupt and rude, which insult my intelligence generally (about road safety - I've been driving 25 years and haven't had any 'fault' accidents or other endorsements), and that basically just want my money? These letters are veiled intimidating letters of doom for 'non-compliance' or questioning the 'evidence'. Pay now or pay more.

D'you realy, really expect me to say something like "Oh yes, it was a 'fair' cop" and "I got what I deserved"? For what? For minding my and going about own fucking business, putting no-one in any danger whatsoever???? And you want me to say how wonderful it is and cry out loud how we should "all obey the law"?? I don't mug old age pensioners - not because I can't do such a thing but because doing such a thing is not right.

People who really do need their licences removed for grotesquely inappropriate speeds at grotesquely inappropriate places are getting away with it because of this money orientated slant on persecuting ordinary people in order to extract cash from them.... The exact self same thing happened in the porn industires in this country when they went after "all porn". Now I am not advocating pornography in any guise but I will say this about it... Because the police's resources were tied up chasing down stories and pictures of "Bob and Tracy" who were normal, heterosexual consenting adults doing what comes naturally but on film (about 98%+ of all porn), then the nonce cases, the animals, the gays etc, etc (ie the stuff most normal people would want stopped or censured or controlled) slipped through the net because they were in with the others. Crazy way of enforcing the unenforceable!

So you still want and expect me to ring you to give you 'intelligence' about people selling 'hot property', drugs or even suspicions about bombers and the like? Well if you ain't guessed or worked out yet what is likely to be the chances of me helping you in future, having filched my £60 off of me, then perhaps you ain't got the intelligence to match that of my dog and my gripes are wasted on ignorant pigs like you.

Why was it - can anyone tell me - that around a decade ago, when Marks and Spencer, ASDA, Tesco, Sainsbury's, etc, etc, etc openly disobeyed the then Sunday trading laws, they eventually changed the law???? Who was either bunging the top people money or shagging them?

I think it's long overdue that the powers that be examine what they are doing carefully. For every 'loud mouth' like me who will spout off just how unhappy he is about this legalised theft policy, there could be thousands who have literally just said quietly to themselves "Fuck them" too.

I dread to think what may happen in the future if this is not addressed soon.


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