Wrongful arrest, have we got a case?

[kurtdaley]

Wondering if anyone could help me with this? Last week my cousin bought a 2004 320 clk. A few days later he was picking me up from Liverpool and on the way back to Manchester we were stopped on the M62 by traffic police.
The officer said that he suspected it was a stolen vehicle and arrested us both on suspicion of handling stolen goods and suspicion of stealing a motor vehicle. After informing him that he had bought the car a few days ago and showing him the v5 stub and receipt for the sale of the car we were took to Runcorn police station and locked in a cell at 1800 hrs.
We were then kept in overnight and eventually released at 1300hrs the next day and told that no further charges were to be brought against us and that the car was "clean" (their words)!!!!
We were then told that the car was at the police compound in Warrington and we were to collect it from there. We asked them if they could take us there and were met with a blunt NO.
After much debate and informing them it was their mistake we had been arrested we had no joy and had to get a taxi to pick up the car.
Despite having no previous record, either of us and both in our mid 30s (we're not even chavs!!!) we were treated like dirt by the police.
Sorry to be long winded with this but does anyone think that we can sue the police for wrongful arrest??
Over to you guys.

 

[gaz_l]

It sounds like you need a lawyer..

I know nothing of the legal process, but what you experienced sounds disgraceful. If I were in your position, I'd certainly be looking to sue.

Cheers,

Gaz

 

[BaldGuy]

Wow!! If this was me, I'd be escalating that to the highest possible rank within that local force... and if you get no-where go to the local paper.... however you and your brother "may" be a "target" for any disgruntled local copper after that.... Absolute blatant mis-use of their powers....

 

[chord]

Did they take a DNA swab when you arrived at the station? Seems like the police can do whatever they want and get away with it.

 

[Spinal]

I'm just a bloke on t'internet, but I think you should consider yourself lucky... you spent less than 24 hours in a cell without charges, immagine the poor souls who spends days, weeks or months before charges are pressed...

Democracy is not what it used to be - and there is no such thing as innocent until presumed guilty... my court case made that blatantly obvious...

M.

 

[Deadhead]

I'm sure that there'll be somebody who really knows about this stuff along soon. That's the good thing about this forum.

But in the meantime I believe that the Police regularly pay out on claims for wrongful arrest. And it sounds as if this is one of those occasions which would probably fit the bill.

Either you need to consult a lawyer; or maybe if you spoke to the Professional Standards Dept of the force concerned they'll send you a form to fill in.

Good luck.

 

[crockers]

Wow - I can't imagine how furious I would be if this was me. Even the insult of having to get a taxi...not even an apology. I would be seeking legal advice. Good luck

 

[kurtdaley]

Did they take a DNA swab when you arrived at the station? Seems like the police can do whatever they want and get away with it.

Fingerprints but no swab, I think the fingerprints now stay on the database so my future vocation as a cat burgalar is on hold for now. I think I will go see my solicitor and maybe write to my local MP and see if I get anywhere.
Cheers guys

 

[camerafodder]

You need proper legal advice. I would be furious if that had happened to me but take advice please

 

[kurtdaley]

You need proper legal advice. I would be furious if that had happened to me but take advice please

Most definitely will do, seems a strong case to me.

 

[bluevenetian]

I'd be surprised if this constituted wrongful arrest. The police forces position was -- they stopped and arrested you both on suspicion of having committed a crime and released you after they had "made their inquiries" and ascertained that no crime had been committed.
Annoying as hell that you were held overnight, but there is probably a 24 hour window which they have??
Nevertheless I think you should at least write to the district superintendent and complain about the officers lack of help when you were trying to collect the vehicle.
Good luck

 

[camerafodder]

I'd be surprised if this constituted wrongful arrest. The police forces position was -- they stopped and arrested you both on suspicion of having committed a crime and released you after they had "made their inquiries" and ascertained that no crime had been committed.
Annoying as hell that you were held overnight, but there is probably a 24 hour window which they have??
Nevertheless I think you should at least write to the district superintendent and complain about the officers lack when you were trying to collect the vehicle.
Good luck

Kurt says that they were able to show the sales receipt and V5 stub, was the car reported as stolen? If not, why did the police suspect it and subsequently arrest him?

 

[BaldGuy]

Dont agree..... these guys had both the receipt of sale and the V5 stub.... what more proof do the coppers need....

I'd be surprised if this constituted wrongful arrest. The police forces position was -- they stopped and arrested you both on suspicion of having committed a crime and released you after they had "made their inquiries" and ascertained that no crime had been committed.
Annoying as hell that you were held overnight, but there is probably a 24 hour window which they have??
Nevertheless I think you should at least write to the district superintendent and complain about the officers lack when you were trying to collect the vehicle.
Good luck

 

[dougal74]

They will have been acting on a flag that came up on their ANPR most likely. You provided evidence that you "appeared" to be the lawful keeper of the vehicle, remember a V5 stub is meaningless as such until the counterpart section is processed through the system and the current owner is notified of the requested change by DVLA.
However, the support of an invoice for a valid purchase should have set alarm bells off with them that maybe the ANPR flag was out of date or mistaken. Did you also have any other receipt of the transaction (e.g. from the bank)?
If you were heading to Manchester and the car was bought locally my view is that they should have asked you to take them to the address you bought the vehicle from as the first port of call rather than the station.
As first recourse I would ask for a full explanation of why they took the action they did, if that doesn't do the trick then straight to the Chief Inspector and if no joy from there the Police Complaints Commission.
I have no idea why you would get lawyers involved as this is a straight complaint that can be handled through due process, you don't need to consider legal action at this stage.
Have you had an HPI done, this might explain some of the background perhaps?

 

[kurtdaley]

Kurt says that they were able to show the sales receipt and V5 stub, was the car reported as stolen? If not, why did the police suspect it and subsequently arrest him?

Copper was a bit of a muppet as well, maybe he just didn't like mancs!!
Certainly seemed that way to me.

 

[bennesspipers]

Go & see your local Citizens Advice Bureau first,that wont cost you anything.

 

[kurtdaley]

They will have been acting on a flag that came up on their ANPR most likely. You provided evidence that you "appeared" to be the lawful keeper of the vehicle, remember a V5 stub is meaningless as such until the counterpart section is processed through the system and the current owner is notified of the requested change by DVLA.
However, the support of an invoice for a valid purchase should have set alarm bells off with them that maybe the ANPR flag was out of date or mistaken. Did you also have any other receipt of the transaction (e.g. from the bank)?
If you were heading to Manchester and the car was bought locally my view is that they should have asked you to take them to the address you bought the vehicle from as the first port of call rather than the station.
As first recourse I would ask for a full explanation of why they took the action they did, if that doesn't do the trick then straight to the Chief Inspector and if no joy from there the Police Complaints Commission.
I have no idea why you would get lawyers involved as this is a straight complaint that can be handled through due process, you don't need to consider legal action at this stage.
Have you had an HPI done, this might explain some of the background perhaps?

Don't know if he's had an hpi check, I think so but will ask him, the car was bought in Leeds. Will try calling the chief inspector or if no joy the PCC, will wait to see if I get anywhere before seeing a solicitor.
Thanks for the advice

 

[kurtdaley]

Not after any compensation, just a simple apology will suffice

 

[Kamisuma]

Kurt says that they were able to show the sales receipt and V5 stub, was the car reported as stolen? If not, why did the police suspect it and subsequently arrest him?

Dont agree..... these guys had both the receipt of sale and the V5 stub.... what more proof do the coppers need....

just my two pence worth:

There is no mention of the vehicle being uninsured.
Q: Was the driver named on the policy, then? Were insurers notified of vehicle? If they were then the whole situation is more than a farce.

 

[kurtdaley]

just my two pence worth:

There is no mention of the vehicle being uninsured.
Q: Was the driver named on the policy, then? Were insurers notified of vehicle? If they were then the whole situation is more than a farce.

Yes the car was insured in his name and I have since checked on askmid and it is on there.
This was on the day we were released though so it might not have been on there on the day we were arrested.