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Old 30-04-10, 05:26 PM   #541
james160987
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

they shoudlnt be letting you ride back if it was over- as tecnicly your ding a 40bhp bike and your lience and insurance says you can only ride 33bhp, definitly call WD, if your trying to handle this on your own you wont get far and stung for £150 quid, and whats to stop next week you being pulled again?
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Old 30-04-10, 05:36 PM   #542
husky03
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

somethings not right here mate-bad luck on the result but you need to do a few things asap-

1-find out if you are getting done-then if you are the following
2-Get decent mercenary (should read lawyer)
3-Proof of the dyno results
3-Details of when dyno was last calibrated and by whom
4-Who was present and who carried out the actual testing

take it the ecu was bought second hand etc-if so no come back on the seller.

I really doubt that your bike is over-there is no way you'd be allowed to ride it again in its present state by police-if anything happened on your way home and it got out that your bike was released from the police for the mentioned reasons someones head would role,-your effectively being allowed to ride your bike unlawfully by the police.

Lesson for everyone is that we are all responsible for our bikes and if something fails on it which ends up with us unwittingly breaking a law its us who are held accountable, and no doubt will end up getting done-not agreeing with the way this hole episode has been dealt with by any stretch -its a sore one.
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Old 30-04-10, 05:42 PM   #543
Nobbylad
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

I'd try for a written statement from the bizzies, or go back with your phone and video them repeating what they just told you.
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Old 30-04-10, 05:54 PM   #544
hindle8907
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

my 33bhp sv650 via ECU came in at 35.9 ..... the guy even said himself that they arnt 100% accurate .
And as the advice on here there are too Manny things that come into play i think they are trying to pull the wool over your eyes and i wouldn't be standing for it if i was you.

its not a faulty ECU its a a incorrect dyno run or a lying Tw4t
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Last edited by hindle8907; 30-04-10 at 05:59 PM.
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Old 30-04-10, 05:57 PM   #545
Icanopit
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

I would NOT ride it back home, REMEMBER it all started when he was asked to move on whilst stationary and was then persued and nobbled?

Flame I have a trailer IF you would prefer not to risk another FOLLOW!!!!!!!!!!!!

JOHN
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Old 30-04-10, 06:11 PM   #546
Speedy
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

Bad luck buddy!

Shame you bought the ECU from ebay, if you'd have got it from a Suzuki dealer you would have had some come-back with them, as you had taken measures to restrict your bike and ride legally, as far as you were concerned.
Therefore manufacturer is at fault, not you, this would easily have stood up in court if it were to get that far.

With regard to riding it home, I cannot believe the police will let this happen, knowing that after THEY had it tested, THEY will knowingly allow you to effectively break the law. That sounds like they know there is a percentage of inaccuracy in the dyno they used, after all, 7bhp could easily be accountable by inaccuracy in the dyno.

I would also refuse to pay the charges they are trying to make you pay, if they are allowing you to ride it home, as in my view, by allowing you to ride it home, basically they are saying that you have not broken the law!!

I would fight the points, do not surrender your license, go to court, get a decent brief, (preferably motorcycle orientated), they will pull the police apart bit by bit on the way they have handled this, tested the bike, etc etc.

Like you said, your whole motoring career will/could be affected by this, so FIGHT, FIGHT, FIGHT!!!!

DON'T GIVE IN!!!!

You made the effort to ride within the law, conditions of your license etc.
Yes, perhaps you should have got a dealer supplied ECU, but the bike WAS restricted, the descrepancies can be because of lots of different reasons.
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Old 30-04-10, 06:36 PM   #547
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

think of what you just said there ,sell bike take 6 points and a fine, feck that
as stated above dont take this on the chin, do not ride the bike home (cos now you know its ilegal), get onto dw and have them deal with everything, ask for a statement from the police (di or super) stating all the facts surronding the case, with all pertinate information from inital stop to you collecting the bike by trialer, send info onto brief (dw) then do exactly what dw says
you are probably not the first and most likly not the last, someone has to make a stand and flame mate you may as well you'll lose everything anyway (licence ,bike)
if you need it i would stick in some coin towards solisiters fee's to help cos what has happened to you is bang out of line, and i have a suspision the police brass know it too
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Old 30-04-10, 06:39 PM   #548
shifter
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

I seem to remeber reading that you can gain 1 or maybe even 2 hp just by lubeing your chain properly. Then add in the accuracy of the dyno etc etc.
Any test will have an accurate to + or - figure.
SOunds like bull to me.
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Old 30-04-10, 06:46 PM   #549
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

My gut reaction would be that they don't have anything on you and have just tried to put the frighteners on...

I'm fairly certain they cannot 'allow' you to ride the bike home if the bike is of a standard where a prosecution is likely (i.e. they think the bike is so powerful to warrant sticking you on for it). If they did allow you to do it I think they'd be leaving themselves open for a "Use, cause, permit" offence i.e. they have permitted you to drive other than in accordance.

Must admit i'm not too clued up on the U, C, P offences so not sure if driving other than in accordance is one of them (No insurance I believe is). It's been made to sound like the exemption that exists for MOTs, which is you can drive a vehicle with an expired MOT providing it's on the way to have the MOT test conducted (I think). I don't think that exemption exists anywhere else. I really would suggest finding another way of getting that bike home. If you do choose to ride it, get the Officer to put in writing that they have authorised you to ride it home, then if you are stuck on for an offence you can then mention - with evidence - that an Officer has permitted you to break the law. (You can't not be riding illegally one minute and be legal the next to suit the circumstances.)

And it's no good asking for a statement from a DI... They won't be relevant. I would suggest either the Superintendant for the area in which this has happened, or a Duty Inspector responsible for supervising the officers who dealt with the incident.

Try stopping by CAB and see if they can get you some free relevant legal advice. And be wary of how long you leave your bike with the recovery agent, because items left too long get scrapped or sold.
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Old 30-04-10, 06:48 PM   #550
Red Herring
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

Flameboy
Stop, STOP, STOP

Do NOT pay the recovery or storage charges, do not enter into any negotiations, and do not make any admissions. Get some proper legal advice off a solicitor now.

The only reason the Inspector is saying they may not prosecute you is he knows full well he can't. He also knows that if you don't pay the recovery charges he will have to explain to someone why they have to.

Make sure your solicitor asks them under what power they seized your bike, and under what power they tested it. Then ask them to ask for full disclosure of all the evidence before making any comment to the police. This disclosure should include the specification and calibration of the dyno and it's approval for such use. Do not under any circumstance roll over and do any deal. You will be letting yourself and everybody else down by doing so.
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