thirdcrank wrote:For anybody on the receiving end of this AND has definitely got the correct reg for the vehicle AND who wants something done about this for the benefit of other riders AND who is prepared to attend court and give evidence if necessary BUT has not followed links above, then I urge them to report this pronto to the police for the area where the incident occurred. IMO, it's obvious that the best option is for the driver and their sidekicks to be traced and dealt with but there are various legal obstacles to this, as well as any perceived lack of enthusiasm in parts of the police and CPS.
IMO this falls squarely into the next best thing which is directed to the vehicle, which doesn't have the same legal rights as a driver. This is colloquially known as a section 59 Notice. The source of the police powers is set out here:-
59 Vehicles used in manner causing alarm, distress or annoyance(1) Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which—
(a) contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52) (careless and inconsiderate driving and prohibition of off-road driving), and
(b) is causing, or is likely to cause, alarm, distress or annoyance to members of the public,he shall have the powers set out in subsection (3).
(2) A constable in uniform shall also have the powers set out in subsection (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within subsection (1).
https://www.legislation.gov.uk/ukpga/2002/30/section/59In layman's terms, if there's a relevant incident reported to the police, they can issue a warning, even if the suspects cannot be identified and following a subsequent report or reports the vehicle can be seized. It's powerful stuff so it needs reports to be capable of being substantiated; pointless reporting with "I think you should know but I don't want to get involved."
As a practical point, I would say to anybody involved with something like this, make a really detailed note of everything while it's still fresh in your mind. Ensure the police know you have made the note. If the case did get to court and you were called to give evidence, then you would be entitled to refer to your notes to refresh your memory. Giving evidence is not intended to be a memory game. Camera footage of this sort of thing is invaluable.
Among the various threads there have been there's at least one with a letter from the nothingwecandoaboutit squad, with no reference to s 59. Don't be fobbed off.