Peeing myself laughing. Nice one
That'll do it - new headline - "Suspected car-jacker held overnight by Police is found to be a bed-wetter"
That'll do it - new headline - "Suspected car-jacker held overnight by Police is found to be a bed-wetter"
OP
OP
kurtdaley
Active Member
wxmclk
Active Member
- Joined
- Mar 5, 2009
- Messages
- 262
- Location
- North Wales Border
- Car
- W204 C250 AMG Premium plus MB CLK280 W209 (sold) MB W203 C200K (sold)
From the posts I have seen, and in my opinion (based in part on professional dealings with several police forces) you on face value have a case for wrongful detention rather than arrest. I would also pursue this from a legal perspective- seek a solicitor who has dealings with police related complaints.
Spinal
MB Enthusiast
- Joined
- Sep 14, 2004
- Messages
- 4,806
- Location
- between Uxbridge and the Alps
- Car
- x254, G350, Duster, S320, Mach1, 900ss and a few more
Not to mention that you may find yourself stopped quite often by the plodd should you become "known" to them...
alanf
Active Member
Then you accuse them of harrassment.
Alan
Alan
- Joined
- Jan 21, 2005
- Messages
- 30,247
- Location
- Mittel England
- Car
- Smart ForFour AMG Black Series Night Edition Premium Plus 125 Powered by Brabus
I think I must be dim, because I don't seem to see what the majority of posters see in this thread.
Spending the night in a cell unecessarily isn't pleasant, and having to find your own way from the station in which you were detained in to the compound isn't great, I don't really see where the appetite to sue the Police comes from.
Would they really arrest you and detain you so long without good reason? By that I don't mean that you had done something wrong - I mean that they must have had reasonable grounds to go to the trouble of taking you back to the station given that - as you say - you're not known to the Police.
Spending the night in a cell unecessarily isn't pleasant, and having to find your own way from the station in which you were detained in to the compound isn't great, I don't really see where the appetite to sue the Police comes from.
Would they really arrest you and detain you so long without good reason? By that I don't mean that you had done something wrong - I mean that they must have had reasonable grounds to go to the trouble of taking you back to the station given that - as you say - you're not known to the Police.
A simple phone call to the previous owner may have saved a visit even.
Many years ago I had phone call from the police to checking that I was no longer the owner of a car - I'd sent my half of the V5 off and there was no suggestion that I was under suspicion for anything. They were very sketchy about the reason behind the enquiry, but they seemed to be checking someone's story out, or checking if someone had not filled out the V5 in order to try to avoid being linked to the car.
Not so sure, I am sure the police will say he was held in custody while they carried out their enquiries. But certainly take some professional legal advice.
flango
Hardcore MB Enthusiast
See post #28 unlawful detention. There was never a need to put them in custody in the first place. Since I posted that I have spoken to some guys on traffic who tell me if they had handled a stop like that then they would have been disciplined as it's against their particular forces procedure. Assuming the OP had ID and could verify their address this could have been sorted roadside, if not or there was any doubt then 1 hour max to make enquiries at the station, whilst they waited in a detention room and not a cell. I'd be interested to hear the exact wording they used when they detained them and the reason they were being placed in custody.
This was totally OTT and those concerned need the inspectors size 9's applying to their backsides as a minimum. I would also apply to have the fingerprints removed from the database
It amazes me just how some police think they can ride roughshod over the public, well they can't and the law is on our side you just have to realise it and act accordingly.
Last edited:
Baron_Samedi
MB Enthusiast
While I am fully behind our OP and his poor experiences, I wonder what the police force' story would be right now.
Surely someone in authority had to sanction the detention of people and I would have thought that on a minor issue like this, occupying cells for any period of time without a very good reason would be difficult to justify.
Surely someone in authority had to sanction the detention of people and I would have thought that on a minor issue like this, occupying cells for any period of time without a very good reason would be difficult to justify.
Baron_Samedi
MB Enthusiast
Like I said... someone in authority at the change over of shifts had to validate the sanction. They thought they had a damned good reason to hold the OP for that long and I reckon they would defend this if challenged.
Think about it, at least two inspectors and maybe three had to agree to hold the OP and they didn't do that outside process.
Think about it, at least two inspectors and maybe three had to agree to hold the OP and they didn't do that outside process.
janner
MB Enthusiast
- Joined
- Oct 13, 2003
- Messages
- 2,816
- Car
- E320 Turbo Technics
When the desk sergeant booked you in he would have offered you a free solicitor. In fact I think you have to sign to say you read the leaflet and decided not to have one. I know it's tempting not to have a solicitor when you know you're innocent but the fact is the police treat you differently if you don't. No way would you have been there overnight if you had one.
Worth remembering for next time (hopefully there won't be one). Also, if you ever find yourself interviewed under caution in a police station, even if you're not under arrest, a solicitor is always free.
Compensation...Unlikely since you were arrested for 'suspicion' and not charged. You're not a black, disabled, gypsy, asylum seeking lesbian I suppose?
Complain in writing to the police and contact the local press - it's raining so there won't be much else to report on.
Worth remembering for next time (hopefully there won't be one). Also, if you ever find yourself interviewed under caution in a police station, even if you're not under arrest, a solicitor is always free.
Compensation...Unlikely since you were arrested for 'suspicion' and not charged. You're not a black, disabled, gypsy, asylum seeking lesbian I suppose?
Complain in writing to the police and contact the local press - it's raining so there won't be much else to report on.
I doubt they would even notice you or pay any attention as they must have bigger and better things to get on with, unless of course you live in Norfolk
Plus how often do you see a copper about?
Lynall
OP
OP
kurtdaley
Active Member
When the desk sergeant booked you in he would have offered you a free solicitor. In fact I think you have to sign to say you read the leaflet and decided not to have one. I know it's tempting not to have a solicitor when you know you're innocent but the fact is the police treat you differently if you don't. No way would you have been there overnight if you had one.
Worth remembering for next time (hopefully there won't be one). Also, if you ever find yourself interviewed under caution in a police station, even if you're not under arrest, a solicitor is always free.
Compensation...Unlikely since you were arrested for 'suspicion' and not charged. You're not a black, disabled, gypsy, asylum seeking lesbian I suppose?
Complain in writing to the police and contact the local press - it's raining so there won't be much else to report on.
Didn't think that there would be any need for a solicitor so we said no thanks, and we thought we'd be on our way within an hour or so.
In hindsight and if there is a next time (hopefully not) I will certainly ask for one to attend.
I have sent a letter to the chief constable giving him/her an opportunity to apologise and if I receive a letter of apology back from them then that will be the end of the matter, if no apology then I will be taking the matter further and seek legal advice.
Thanks to all for the helpful and unhelpful comments they were much appreciated and I will keep you updated.
capthreaders
New Member
This could have been a mis-read on the system, and the cop has not noticed it.......?
OP
OP
kurtdaley
Active Member
Just a quick update, forgot all about posting this on here.
Received a letter from the police complaints authority in April via my solicitor informing us that it had received my complaint by way of my solicitor, they were investigating and have also had written statements by myself.
I informed my solicitor that I will drop the matter if I receive some form of apology from the Chief Constable regarding the way we were treated by his police force.
Not heard anything since so I am just waiting for a reply, they certainly don't rush do they?
All I want is an apology either in person or in writing and that will be the end of it as far as I am concerned.
Received a letter from the police complaints authority in April via my solicitor informing us that it had received my complaint by way of my solicitor, they were investigating and have also had written statements by myself.
I informed my solicitor that I will drop the matter if I receive some form of apology from the Chief Constable regarding the way we were treated by his police force.
Not heard anything since so I am just waiting for a reply, they certainly don't rush do they?
All I want is an apology either in person or in writing and that will be the end of it as far as I am concerned.
I had a very similar experience a number of years ago .
I had an old Cortina estate which I had bought as a mobile wheelbarrow whilst doing a house up and then advertised locally 'for spares or repairs' after the MOT expired . Two young lads , probably aged no more than 20 , duly turned up and I let them have the car for something like £50 , having removed the tax disc of which the unexpired tax was probably worth more than the car . This was long before the current format of the V5 , but I think there was still a piece I kept .
The following night , I had a visit from the local Police , asking about the car . It turned out they caught said lads out racing the car somewhere and , having stopped them found no evidence of tax , insurance or MOT . They quite happily accepted my story that I had sold the car the night before , but asked me to clarify that I had explained there was no MOT and the car was sold 'for spares or repairs' ; also asking how the car was taken away : of course , I had to tell them the lads drove it away ( not that I cared ) and all this was duly noted . There was a bit of puzzlement over the retained tax disc ( which I still had not posted off for surrender ) since the car was technically still taxed , even though the tax was not sold with it .
I felt sorry for the young lads as , back then , I might have driven a car home under similar circumstances but certainly would not have been running around in it .
I never heard anything further regarding the matter .
vibesg
Active Member
The Police Complaints Authority have to investigate any complaint made to them. The letter you received is an acknowledgement that the process has now commenced. It is probably out of the Chief Constable's hands now. There will be a finding and a recommendation by the Complaints Commission.
