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      12-07-2011, 07:31 AM   #1
misterS3
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Driving ASBO - Advice?

Got an asbo this morning on the road up to Nobles Nissan in Straiton (nr Edinburgh)

I'd never heard of one for driving. But there you go.

Apparently i spun the wheels and was over-revving the engine. Although i'll wait till i get a letter in the post to see what they actually put down.

For those of you who know the stretch - i had stopped at the lights on the 2nd roundabout off the A720 heading to Nobles (near Ikea) and was stopped again at the next set of lights. I never got above 30 mph. Mr policeman did say i'd have been doing 70 down that road if the lights had been green. Never have and never would break the limit down that stretch.

Thing is my exhaust is a TUV approved full milltek system - so although louder than some - not as loud as most. But surely fit for purpose?!

And obviously you can't rev the engine being an automatic while on the move. I will admit i did hold onto 1st gear to 3 thousand revs, but only because i was still turning off the roundabout on to the straight road. But Traction control was on. It's 4wd off the line. I was in Economy Map. And i didn't spin the wheels. They said i did, and you can't argue the point on the road side with these guys.
But they apparently from 2 cars back saw that i did spin the wheels. And i was lucky to be let off with an ASBO on me and the car for 12 months, otherwise it would have been 9 points?! Weird - if it was a 9 point offence surely they would have done something about it!


Any advice on what to do? Anyone had similar experience?

Once the letter comes through there is a place in Glasgow that specialises in the such things. So i will go to them and will check out pepipoo too.

Ta in advance.

PS - i guess after 2 years of ownership, getting my 1st pull was way overdue in the fast datsun. I've been pulled in the X5 - 5 times in the space of a year and never charged with anything! Could be to do with the way i drive....some people would claim it's the way i look
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      12-07-2011, 07:50 AM   #2
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are you serious???!!!....

what a bunch of useless tw*ts....an ASBO for driving...and for just revving or having a loud car?!!...

pure jealousy in my opinion....and whats this thing about wheel spin?! didn't know it was illegal?!...
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      12-07-2011, 07:53 AM   #3
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Never heard of a driving ASBO. It's a bit strange that you can be penalised so heavily for what comes down to your word against theirs (with Scottish law being different) as I doubt they have any proof of you revving the engine or spinning the wheels.

Probably just saw the car and were waiting to pounce on you for doing absolutely anything wrong. In saying that, 5 pulls in 12 months in an X5, you must be pretty shady looking.
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      12-07-2011, 07:53 AM   #4
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I've read a few people getting them and being told there is no case for contesting.

Here is an article from a few years ago and he seems to find the same issues.

http://www.honestjohn.co.uk/forum/po...ex.htm?t=52154
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      12-07-2011, 07:56 AM   #5
misterS3
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Quote:
Originally Posted by mowflow View Post
Never heard of a driving ASBO. It's a bit strange that you can be penalised so heavily for what comes down to your word against theirs (with Scottish law being different) as I doubt they have any proof of you revving the engine or spinning the wheels.

Probably just saw the car and were waiting to pounce on you for doing absolutely anything wrong. In saying that, 5 pulls in 12 months in an X5, you must be pretty shady looking.
I'm kinda shaded if that's what you mean

Everytime in the X5 it's been a case of - it's a commonly stolen car etc. The last 2 times the guys apologised saying that there had been a silver X5 stolen in the area etc

But yeh is a weird one. Not sure how it works. My word against theirs. Hence the question here before i get the letter.
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      12-07-2011, 08:00 AM   #6
misterS3
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Quote:
Originally Posted by Kerr View Post
I've read a few people getting them and being told there is no case for contesting.

Here is an article from a few years ago and he seems to find the same issues.

http://www.honestjohn.co.uk/forum/po...ex.htm?t=52154
Interesting how it's Lothian and Borders who seem to use them!
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      12-07-2011, 08:01 AM   #7
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Here is a link to Edinburgh Cruise website. http://www.edinburghcruise.co.uk/ecv...Liaison-Forum&

There is a police liasion forum where a few officers come on and answer questions.

A search might get your answer or maybe ask the question. You might even get the guy who gave it to you!
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      12-07-2011, 08:12 AM   #8
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Quote:
Originally Posted by Kerr View Post
Here is a link to Edinburgh Cruise website. http://www.edinburghcruise.co.uk/ecv...Liaison-Forum&

There is a police liasion forum where a few officers come on and answer questions.

A search might get your answer or maybe ask the question. You might even get the guy who gave it to you!
Cheers Kerr

Will wait and see what comes through the post. But seems pretty arbitrary as there is no need for proof. The worst part is that they can now just pull me at anytime in any car.
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      12-07-2011, 08:24 AM   #9
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Quote:
Originally Posted by misterS3 View Post
Cheers Kerr

Will wait and see what comes through the post. But seems pretty arbitrary as there is no need for proof. The worst part is that they can now just pull me at anytime in any car.
.....and then impound the car!!!

Outrageous, when did accelerating briskly become worthy of losing your car?

No way you were spinning wheels without giving it major beans.
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      12-07-2011, 08:41 AM   #10
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I'm sure you must be able to do something about this.... It would be absolutely appalling if the filth were able to abuse the law like this.

Matt
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      12-07-2011, 08:44 AM   #11
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Quote:
Originally Posted by RagingKileak View Post
I'm sure you must be able to do something about this.... It would be absolutely appalling if the filth were able to abuse the law like this.

Matt
You'd think...but apparently there is no way to appeal!
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      12-07-2011, 08:48 AM   #12
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Move to England?
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      12-07-2011, 09:00 AM   #13
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That's bollocks go and see a solicitor
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      12-07-2011, 09:03 AM   #14
misterS3
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Quote:
Originally Posted by Baby Dave View Post
That's bollocks go and see a solicitor
Sent an initial email to this company http://www.theroadtrafficlawyer.com/

But will get in touch when i've got the actual letter.

But from my reading on the web so far. There is no right to appeal. I guess if you have deep pockets it's better than getting points IF YOU HAD DONE SOMETHING (more than driving a nice car)
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      12-07-2011, 09:09 AM   #15
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Complete and utter Joke mate. Hope it gets sorted for you.
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      12-07-2011, 09:21 AM   #16
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It really is ridiculous. What if your wheels spun simply because that part of road was a bit greasy or something. Is there a fine involved? It sounds like some kind of money making scam.

This just gives me another reason to avoid Edinburgh apart from not wanting to catch HIV
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      12-07-2011, 09:26 AM   #17
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Absolute madness. How can spinning your wheels be an offence? Good luck with getting it sorted out.
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      12-07-2011, 09:31 AM   #18
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Quote:
Originally Posted by mowflow View Post
It really is ridiculous. What if your wheels spun simply because that part of road was a bit greasy or something. Is there a fine involved? It sounds like some kind of money making scam.

This just gives me another reason to avoid Edinburgh apart from not wanting to catch HIV
Worst place for MASSIVE AIDS is probably Clacton-On-Smack.
What a shitter of a place.
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      12-07-2011, 09:40 AM   #19
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If they confiscate the car it's not for good. Just until you pay the release fee.

It is horrible they can dish out a penalty without no method of contesting but when the car asbo was brought out the boy racer scene was getting out of control.
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      12-07-2011, 09:44 AM   #20
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Probably a good idea for the GTR to lie-low for a little while, until the dust has settled, I reckon I could find a good home for it in South Manchester - would you prefer an X3 or 370Z as your courtesy car .

On a serious note, I'd be well pissed off if this had happened to me, especially if there is no appeal. Just don't see how punishments can be handed out in this way .
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      12-07-2011, 09:53 AM   #21
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I think it's called a Section 126 Anti social driving in Scotland,in England the same offence is a Section 59.

This should help:

http://www.tayside.police.uk/Downloa...%20Seizure.pdf

Good luck
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      12-07-2011, 10:35 AM   #22
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Hooligan

I reckon you'll be fine, I take it there is no video evidence to back the rozzers words?
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