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Wrongful Arrest?

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Seasons Greetings One And All,

 

OK where do I start, one Wednesday 9th December 2009 I had to make an important journey (well important to me anyway) and take my beloved dog from Havant to Devizes to see an orthopaedic vet ( long story posted in the pets and vets forum).

 

Anyway this we did and I stayed up there for the day as it was cheaper than driving back and besides I did not want to be too far away from my dog.

 

Now all was successful with the vets and we have to return there again this coming Wednesday so she can have her operation she was still recovering from the anaesthetic due to her having x-rays and a cast fitted so was somewhat under the weather if not for a better description

 

We made the return journey home at around 16:30hrs and due to heavy traffic on the M3 got to the M27 at around 18:00 hrs as we where coming up to junction 5 for Eastleigh/Southampton airport my son who was in the back of car wanted to use the toilet so we came of the motorway at that junction to search for the nearest toilets (son popped into southampton airport to use those).

 

On his return I turned around and carried on my way as I wanted to get my dog home in the warm soon as and give her chicken and rice to aid the recovery from the anaesthetic.

 

Now on Wide Lane just before the roundabout that takes us back onto the M27 it is a single lane road in each direction and goes into two lanes just before roundabout anyway some flash git in a BMW cut me up and caused a dangerous situation for oncoming traffic so my son did a w***** sign to him (this I did not know until I was stopped).

 

He was spotted by a policeman who did not have the powers to stop on a motorway so he radioed the traffic cops.

 

I was travelling at between 55/60 mph in the nearside lane this was because of my dog so I made no attempt to speed up anyway before I knew it there where two traffic cop cars behind me some 500 yds away with blue light on.

 

I DID NOT STOP AS THEY DID NOT MAKE IT CLEAR TO ME THAT IT WAS ME THEY WANTED TO STOP AT NO TIME DID THEY GIVE A HAND SIGNAL OR LEFT INDICATOR AS PER HIGHWAY CODE.

 

and as I was not breaking any laws as regards to speed,drivers licence, mot or insurance I carried on.

 

Anyway about 5 miles down the motorway they where still behind me so i said to my son if they still are at next junction I will come off and if they follow I will stop. I had no time for this because to my horror there were 4/5 police cars behind me one of which was on my tail so I stopped they dragged me out of car slammed me on bonnet and cuffed me.

 

I asked what the problem was and he said FAILED TO STOP at this point I said can you lossen the cuffs because im a stroke survivor and they hurt as they are forcing my arm into a position it will not go in.

 

He said no your should have stopped and I said well if you made it more clear that it was I who you wanted to stop like signalling.

 

I was pushed into the back of one of there card causing more pain to my right leg while waiting for a police van to take me to the nick.

 

I asked them to be careful with my dog but they showed no concern at all if fact his word was " I could not care about the dog" they took her to Cosham police station.

 

Now the upshot is no charges were brought against me or my son we were cautioned and released.

 

They where going to interview both of us but only interviewed me I did not get a copy of the taped interview.

 

They ignored my medical conditions

 

I believe that they where told that a rude gesture would not get them a conviction so fabricated a fail to stop.

 

Why did they cuff me so tight lock me in a cage put me in a stinking cell then drop the charges surely if they where so convinced bearing in mind that they used 10 coppers, tranported my dog to Cosham police station and then give me a lift home afterwards.

 

This whole episode was and is O.T.T.

 

By the way they have impounded my sons car which I have not got back yet as I do not have the funds to do until Monday.

 

Do you think I have grounds for wrongful arrest.

 

The copper said the reason they kept a distance was because so I could see there flashing lights as per the RTA 1988

 

At nightime there flashing lights are see able at close distance due to the brightness of them and the fact they light up the whole road.

 

I have checked this act and it says nothing of the sort furthermore the highway code says that the must give you a signal and direct you to pull over by hand signal or left indicator.

 

I will get legal advice on this on Monday but I welcome caggers imput.

 

Regards

 

PF


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and as I was not breaking any laws as regards to speed,drivers licence, mot or insurance I carried on.

 

 

 

 

By the way they have impounded my sons car which I have not got back yet as I do not have the funds to do until Monday.

 

 

Regards

 

PF

 

 

 

Why do you have to pay to get the car from them?

 

No Charges brought against either of you all paper work in order, Should it not just be returned

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One would hope that there are two sides to this story because if not...what a reflection of our once great country!

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This is a disgrace, and unfortunately I am not surprised. You need to write a letter of complaint asap, as well as write to your MP.

 

You shouldnt have to pay to get your car returned though if it was legal (tax, insurance mot etc)


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All I was given was a caution which I accepted on a tape under mitigation but a caution is recorded so I am now the unproud owner of a police record.

 

It was still all very over the top if they were that convinced why did they not charge me after all im told that failure to stop is a quite serious offence.

 

PF


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

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Yup full years mot bar 3 days full years insurance bar 2 days and taxed until end of january.


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

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POMPEYFAITH V Co-Op PPI

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R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Nope no DNA and no FINGER PRINTS


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

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R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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I believe the custody Sargent told them that they where on sticky ground hence why they gave me a lift home from southampton to havant


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

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POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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What exactly was the crime you were cautioned for?


If you find my post helpful please click on the scales at the top. Thank you

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failing to stop, but as I said they where travelling about 500yds behind me and did not signal to me to stop.

 

The highway code says:

 

directing you to pull over to the side by pointing and/or using the left indicator.

 

This they did not do and as they where so far behind how was i to know it was me they wanted to stop.

 

PF


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Very stressed by the whole event specially as she was recovering from aestheticism.

 

PF


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Well im going to have to pay the £230 to get the car back on monday as I need it for another vet visit to devizes on Wednesday.

 

Ill then have to seek legal advice to try and recover that expense.

 

PF


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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what excuse did they make for taking the car ? in the first place


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Failing to stop kip

 

PF


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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still not grounds to impound as no actual charges were made


NEVER FORGET

 

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Help Our Hero's Website

 

http://www.helpforheroes.org.uk/

 

HIGHWAY OF HEROES

 

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Like Cooking ? check the Halogen Cooker thread

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This is all I can find on the RTA 1988:

 

163 Power of police to stop vehicles

 

(1) A person driving a motor vehicle on a road must stop the vehicle on being required to do so by a constable in uniform.

(2) A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform.

(3) If a person fails to comply with this section he is guilty of an offence.

 

 

Anyone know if there are any amendments to this act?

 

 

PF


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Okay, I'll do a bit of research but I'm sure the law says something about stopping when it is deemed safe to do so. As a female, for instance, if I dont feel safe stopping for an unknown vehicle (even if it does have flashy lights) I think ( but dont quote me just yet) that I could drive on to a service area. I dont see why it would be any different for a guy.

 

Also you did stop, it might not have been immediately, but you did stop.

 

I'll get back to you when I've done a bit of reading.


If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

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CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

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NDR

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From the highway code:

 

89: Police stopping procedures. If the police want to stop your vehicle they will, where possible, attract your attention by

 

  • flashing blue lights or headlights or sounding their siren or horn
  • directing you to pull over to the side by pointing and/or using the left indicator.

You MUST then pull over and stop as soon as it is safe to do so. Then switch off your engine.

Law RTA 1988 sect 163


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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thing is I cannot understand why they followed me for 5 miles then decided to get closer at which point I did stop.

 

This just does not add up

 

PF


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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You mentioned getting legal advice, I assume from a solicitor/lawyer, once done please come back here & tell us about it

 

That being said it does appear that the police are on very dodgy ground. We'll know more after you've spoken to the lawyer

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JonCris,

 

Yes I did mean a solicitor and as im on incapacity benefit I think I can get legal aid the calculator on there site says I qualify.

 

PF


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Speaking as someone who has had their car impounded by the police in the past, I didnt have to pay to have my car released. I'd been arrested for apparently going equipped for crime, 2 25 litre drums and some hose pipe made me a fuel thief according to the police, it was only after 6hrs in a cell they decided I was only taking them to the dump, not my fault that the drums had contained diesel at some point, and the area I was stopped in happened to have had a spate of fuel thefts. This was on a Saturday, according to them the yard wasn't open on the Sunday so I got my car back on the Monday, free of charge. Although they did try and dip my fuel tank to check for red diesel, but I had the last laugh, an anti syphon device made sure they couldn't do it, despite their 3 attempts. Unlike you though, I didnt get the pleasure of a lift home, instead had to walk.

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Kregrs,

 

Thanks for that.

 

Unlike you though, I didnt get the pleasure of a lift home, instead had to walk.

 

This is what further does not add up they must of known they where wrong as they would not waste valuable police resources giving me a lift home if they had a case.

 

PF


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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