Wrongful arrest, have we got a case?

[Kamisuma]

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.
............

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.

If it wasn't on there, then surely the vehicle would have been uninsured, and you would have been informed of this!!

See a lawyer.

 

[peterg1965]

Post your initial thread on Pistonheads - 'Speed, Plod and the Law' forum, there are lawyers who frequent that forum and you will get a more honest, comprehensive response.

It's a total disgrace what you have been through, the Constables concerned should be held accountable for what they did. This is not a Police state (yet).

 

[alanf]

See a solicitor before you speak to any copper regardless of rank. They will probably try to cover each others ar**s. I know they are not all bent but plenty are. Before anyone tries to shoot me down ive had dealings with good cops and bent ones so im not just saying it.

Alan

 

[Smiley]

There MUST have been some reason why they went to all this "trouble" - annoying as it is for you. It can not have been on a whim; oh look lets arrest those two and sling em in the klink for the night!

 

[Reza]

Definatelty go see a solicitor. It might cost you a small such for their time, but they will quickly tell you what your position is.
I suspect you will have to initially go through the police compliaints commission. They will ask the force to investigate and come back with findings. Then, depending on outcome possibly small claims or higher.

I think this probably occurs relatively frequently and not much will come of it. You should nevertheless push to have your fingerprints removed from the database.

 

[Sp!ke]

I think you possibly might have a case for complaint for the lack of assistance you received upon release but people get arrested on suspicion and interviewed before being released all the time.

ANPR probably came up with a stolen vehicle alert and the coppers had little choice but to arrest you on suspicion until the facts proved your innocence.

Not pleasant I grant you but that's just policing I'm afraid.

 

[lynall]

The thing is being stopped is one thing but as a law abiding citizen ( well apart from speeding) then being arrested and held overnight, were you allowed to notify anyone? is disgraceful, first consult a lawyer with ALL the info and go from there asap.

I would be livid and then some.

Dont leave it, sort it now, pay the solicitor for his/her advice.

Oh hang on did you mention Manchester? oh thats fine then



Lynall

 

[flango]

Just catching up on some threads as I have not been able to post for a while I saw this one and discussed it with some colleagues in the legal world, although there is no claim of wrongful arrest it would appear the incident was handled very badly and yourselves treated unfairly. Now I don't know the full facts but assuming you had some ID on you then there was no need to place you in custody in the first place, you could merely have waited at the station whilst they carried out their checks, to hold you for 19 hours in custody is totally unreasonable. In hindsight when they said they were holding you, you should have used your phone call to call a friend and get you a lawyer, he would have had you out of there in less than an hour assuming they could verify your ID. Again as I said and not knowing all the facts you may wish to consult a lawyer as If I am reading it right although there is no case of wrongful arrest, there may be a case of Unlawful detention. You need to think and write down exactly what they said to you right from the stop, through the police station and custody up to the release. If the stop involved you sitting in their traffic car ask for a copy of the video / audio of the stop. If they say there isn't any thats another infringement of your rights. First step is to make a formal complaint to the Chief Constable of the force concerned, they will investigate. Although they are not obliged to take you back to your car, most of them do when they have realised the mistake. Pesonally I would not let it rest here.

I had a simialr thing happen a few years ago in a Yellow Seat Leon, stopped on M1 by South Yorkshire Police, only ID I had was bank cards, spent 25 minutes on the hard shoulder (against guidelines 10 mins max) trying to convince them it was my company car and not stolen even though I had my wife and daughter with me. I told them I always take the family when I go out robbing cars Only let me go because I knew the rules and procedures better than he did. Wrote a formal complaint to the Chief Constable, the seargent that stopped me was disciplined and I got a grovelling apology from the Chief Constable for putting me and my family in an unacceptable dangerous position on the hard shoulder of a motorway.

Good luck !

 

[Druk]

^ Ace post.

 

[Gridlock]

Sorry but this happens all the time to "chavs" (which you seem to think is acceptable) and others who do not have the benefit of access to a solicitor, the ability to write to the CC etc. Tough luck as far as I'm concerned, save us some council tax and let the matter drop? Sounds harsh and we don't know all the facts (maybe the car is related to traffickers or large scale fraud and they needed to work this through? etc) but as some have already stated, this is policing. It's just shocking when it happens to you.

"A conservative is a liberal who's been mugged and a liberal is a conservative who's been arrested"

 

[JumboBeef]

Ring the Daily Mail: they would bite your hands off to get a story like this! (And you'll get paid for it).

 

[Ajenks]

There is no such thing as wrongful arrest, JUST ARRESTED, get off with it and then we have JUSTICE, good luck with it, in my experience we (you and I) seldom win when fighting the man (system) doesn't mean you have to go down without a fight just make sure you look at all options.

 

[Gridlock]

"White Man Inconvenienced! Don't They Know There's A War On!"

 

[flango]

and others who do not have the benefit of access to a solicitor,"

Everyone has the benefit of access to a solicitor it's the first question they ask when they detain you. If you don't have your own they will appoint one for you. NEVER refuse if you know full well you are innocent, they will have you out of there in minutes.

Let this drop? I don't think so not until I'd seen the officers disciplined or had an apology.

If you do feel that aggrieved throw it to the press they would have a field day with this, Local rags also like to pick up on these things.

As I say Good Luck !

 

[kurtdaley]

The thing is being stopped is one thing but as a law abiding citizen ( well apart from speeding) then being arrested and held overnight, were you allowed to notify anyone? is disgraceful, first consult a lawyer with ALL the info and go from there asap.

I would be livid and then some.

Dont leave it, sort it now, pay the solicitor for his/her advice.

Oh hang on did you mention Manchester? oh thats fine then



Lynall

Yes we were granted a phone call, and to be fair to the police at runcorn they were genuinely nice with us, cups of tea and food etc.
But am going to see a solicitor tomorrow, will let you know how it goes.

 

[kurtdaley]

Sorry but this happens all the time to "chavs" (which you seem to think is acceptable) and others who do not have the benefit of access to a solicitor, the ability to write to the CC etc. Tough luck as far as I'm concerned, save us some council tax and let the matter drop? Sounds harsh and we don't know all the facts (maybe the car is related to traffickers or large scale fraud and they needed to work this through? etc) but as some have already stated, this is policing. It's just shocking when it happens to you.

"A conservative is a liberal who's been mugged and a liberal is a conservative who's been arrested"

No I don't think it's acceptable for this to happen to chavs, just my black humour I suppose, called a sense of humour I think, and no I am not going to let it drop to save you some "council tax", not until I have an apology

 

[alfie07]

Ring the Daily Mail: they would bite your hands off to get a story like this! (And you'll get paid for it).


I can understand your annoyed but if you follow the above advice be prepared to live a very squeeky clean life style for a long time to come

(ps good luck)

Alfie

 

[kurtdaley]

Ring the Daily Mail: they would bite your hands off to get a story like this! (And you'll get paid for it).


I can understand your annoyed but if you follow the above advice be prepared to live a very squeeky clean life stye for a long time to come

(ps good luck)

Alfie

 

[Chattonmill]

Because if the Mail then find you have been a bad boy they will crucify you!

 

[kurtdaley]

Because if the Mail then find you have been a bad boy they will crucify you!

Peeing myself laughing. Nice one