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'Too loud' music fine is wiped out by judge

A DRIVER who stopped off in Bury to ask a policewoman for directions and was booked for playing music too loudly in his car has had his fine thrown out.

Markus Aitken (33) had spent four years fighting off bailiffs after being given a £30 ticket for "causing excessive noise".

The father-of-two, who works as a recovery driver, was given a ticket when he stopped his car on the Pilsworth industrial estate and asked a policewoman the way. He was playing a Riverdance CD at the time.

He refused to pay the fine, and in the months that followed he was pestered by demand letters and received six visits from bailiffs to his home in Smithy Bridge, Rochdale. The debt eventually rose to £270 because of administration costs.

On the last occasion he says they demanded entry at 7.30am, and shouted threats through the letterbox while he was inside with his girlfriend and their two sons aged four and four months.

At Bury Magistrates Court, Judge Alan Berg asked why he had not appealed against the fine, and Mr Aitken told him: "I told them all along that I wanted to go to court to sort it out, but nobody listened."

He says in the end the only way he could get to put his case before a judge was by refusing to pay his fine.

Mr Aitken said: "If the police could have produced one shred of proof that I was being a nuisance and making excessive noise, I would happily have paid up - but how could they?

"I maintain the music was not particularly loud. I was certainly able to hear what the policewoman was saying when she gave me directions, and she didn't seem to have any problem hearing me.

"I was absolutely stunned when she asked me if I thought it was a bit noisy, and told her No, not really'. Next thing she asked me to get out of the car and into her police vehicle, then promptly activated the door locking mechanism while she took my details.

"I asked her whether she didn't like Riverdance at the time, and the reaction I got made me think not. It was all very much over the top."

As Mr Aitken began to explain the circumstances fully in court, the judge interrupted saying: "I'm going to cut you short. In view of what I've heard, I'm going to wipe the debt out."

12:44pm Monday 5th May 2008

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Posted by: Anti-PC, Bury on 2:03pm Mon 5 May 08
Bugger me.. a judge with common sense. Pigs can fly after all.
Posted by: John, bury on 3:36pm Mon 5 May 08
Justice does exist. A ticket because someone was playing loud music in the car - this is a fine example of a police officer on a power trip!
Posted by: Hamish Macbeth, Whitefield on 3:57pm Mon 5 May 08
John - you really should try having some saddo in their car blasting out music at 11pm outside your house. Failing that - not being able to hear your music inside your own car because some goon in their boyracer has base pumping out for all to hear.
Posted by: Anon on 5:36pm Mon 5 May 08
Riverdance at any volume level deserves a huge fine in my opinion!
Posted by: jcb on 7:35pm Mon 5 May 08
Ths moron should have been jailed. There are too many utterly selfish people driving round with music blasting out -"oh look everyone i've got a really loud stereo, aren't I great!" Interesting to see if their are any statistics for accidents and loud music.
Posted by: brian, Bury on 8:16pm Mon 5 May 08
Did the police officer get prosicuted or disapplined for wasting the motorists time?The authorities rely on people paying for unjustified fines because its too much trouble to fight it in the courts.I would like to see the courts refund any expences and loss off earning when these cases are thrown out.This guy saved the fine but must have lost out finacially,
As John said either a power trip or menstral trip
Posted by: Black bottle, Whitefield on 8:20pm Mon 5 May 08
Brian in Bury --Unfortunately your whole argument is defeated because of simple spelling errors!
Posted by: brian, Bury on 8:24pm Mon 5 May 08
i cant spel byg deell at leestt i ave opinionz derr
Posted by: Black Bottle, Whitefield on 8:24pm Mon 5 May 08
Poor Mr Aitken,he is the real victim here. Nobody has ever taught him basic manners. When you stop to ask directions surely it is basic manners to turn the music down when having a conversation...the Police Officer did not intiatate the conversation.
Basic Manners !
Posted by: brian, Bury on 8:34pm Mon 5 May 08
Black Bottle wrote:
Poor Mr Aitken,he is the real victim here. Nobody has ever taught him basic manners. When you stop to ask directions surely it is basic manners to turn the music down when having a conversation...the Police Officer did not intiatate the conversation. Basic Manners !
Derr check out your spellings before you pull me up (INTIATATE) correct spelling initiate
Posted by: brian, Bury on 8:38pm Mon 5 May 08
Black bottle wrote:
Brian in Bury --Unfortunately your whole argument is defeated because of simple spelling errors!
Ok teacher man
Posted by: Black Bottle, Whitefield on 8:43pm Mon 5 May 08
Brian,Thankyou, but I think you protesteth too much!
Posted by: brian, Bury on 9:33pm Mon 5 May 08
Black Bottle wrote:
Brian,Thankyou, but I think you protesteth too much!
Just thought it a bit petty of you to dismis my opinion for a spelling error or two,after all its not a english exam bye
Posted by: Black Bottle, Whitefield on 10:03pm Mon 5 May 08
I am left thinking what is an "english exam bye" and how to spell dismiss. Whereas the real discussion ought to be about individuals who apparently break the law and then blame everybody else.........a little like.....???
Posted by: Hamish Macbeth, Whitefield on 10:09pm Mon 5 May 08
Brian - 6 spelling mistakes by my count.
Black Bottle - 1 slip of the keypad (unintentional spelling mistake).

As for "at leestt i ave opinionz derr" - we all have opinions when we put comments on here, it is the manner of delivery and language that reveals how valuable those opinions are though!
Posted by: Hamish Macbeth, Whitefield on 10:10pm Mon 5 May 08
Brian - 6 spelling mistakes by my count.
Black Bottle - 1 slip of the keypad (unintentional spelling mistake).

As for "at leestt i ave opinionz derr" - we all have opinions when we put comments on here, it is the manner of delivery and language that reveals how valuable those opinions are though!
Posted by: La dee da, Nelson on 11:18pm Mon 5 May 08
Haha by reading some of these comments I have heard quite alot of wise responses like aint it common sense too turn the music down whilst asking a question I believe is correct. But if the police were to set up an operation ANTI NUISANCE MUSIC im sorry this would be a big waste of time and money. There are people everywhere who have uprated audio systems some chav with 10 speakers in the car 4 in the back shelf etc Whilst there are some who genuinely like abit more umph! But I find this ridiculous. Personally I feel a fine is only an option if the music is so loud the emergency sirens cannot be heard!
Posted by: Anon, in my front room on 11:28pm Mon 5 May 08
Blimmey, if you`ve read the comments thus far you`re bound to have forgotten what the article was about, I had. I rolled back to read it again.
Brian v Black Bottle. If I were a betting man I`d put my hard earned brass on Brian. Shiver me timbers matey.






ONLY JOKIN I CAN SPEL RELLY `MATIE` INNIT
Posted by: La dee da, **** on 11:57pm Mon 5 May 08
This thread sucks as soon as muppets like Anon come out with lame irrelevant stupid remarks. Get a life and for goodness sake get out there and get a life go socialise or something! I hope this newspaper report gives you the message intended next time you drive past an officer of the law turn your stereo right of and shout PIG haha just kidding
Posted by: brian, Bury on 10:01am Tue 6 May 08
Anon wrote:
Blimmey, if you`ve read the comments thus far you`re bound to have forgotten what the article was about, I had. I rolled back to read it again. Brian v Black Bottle. If I were a betting man I`d put my hard earned brass on Brian. Shiver me timbers matey. ONLY JOKIN I CAN SPEL RELLY `MATIE` INNIT
You would win that bet,but the odds would be poor,save your dosh,thanx anyway
Posted by: brian, Bury on 10:07am Tue 6 May 08
Hamish Macbeth wrote:
Brian - 6 spelling mistakes by my count. Black Bottle - 1 slip of the keypad (unintentional spelling mistake). As for "at leestt i ave opinionz derr" - we all have opinions when we put comments on here, it is the manner of delivery and language that reveals how valuable those opinions are though!
I'M THINKING HAMISH AND BLACK BOTTLE MAYBE AN ITEM.MAYBE I'M MISTAKEN,MAYBE ITS COINCIDENCE.
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