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Baliffs reported me to police for stealing my own car and got me arrested


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Hi, I need some advice.

 

I had a PCN that was unpaid and lead to baliffs being assigned.

 

I contacted the courts on Friday 25th October as I had not received some mail regarding the PCN's

and they placed a hold on any further action being taken until they could investigate.

 

I was advised that the balifs would be called off until the courts could look into the issue.

 

On Saturday night at approximately 9.30pm I was stopped in my car by police

who advised that the car I was driving had been reported as stolen.

 

I showed them proof that the car was mine and that I had not reported it stolen.

 

They advised me that the car had been reported stolen by the Baliffs company as a clamp had been placed on the car and removed.

I told them that no clamp had been placed on my car and explained that even if one had been on it,

it would not make the car the property of the bailiff.

 

I tried really hard to reason with the police officer but he did not want to to listen.

 

He said that

"I am going to have to arrest you for theft of a motor vehicle,

but won't hand cuff you because you have been reasonable."

 

I was read my rights and

placed into the police car and

driven to the police station where

 

I had my finger prints and

DNA taken.

 

I have never felt so humilated, even other officers were saying they did not know what i was doing there as it was a civil matter.

 

I was held in a police cell for 11 hours,

 

whilst there the police went to my home knocked on the door and gained entry,

my bedroom door was locked with a key so

they kicked it in and searched my room.

They took photocopies of the PCN notices in my room.

 

During the interview they tried to tell me that they could do me for criminal damage as the clamp had been removed (according to the baliff),

they found no clamp in my house and no eveidence that a clamp had ever been placed on my car.

 

The clamp was supposedly placed on my vehicle on Friday night

but I have never seen a clamp on my car,

 

according to the courts all action should have been ceased until further notice as of that friday morining.

 

I left the police station at 11am Sunday 27th and

was told that the were going to hold onto my car until the 15th November for a court date.

 

I called Sunday evening and was told to come for my keys and that they were going to throw the case out,

 

I was told that if I had a spare I should just take it as it was parked across the road from the police station.

I thought this rather odd.

 

On arrival to the police station i was advised that they could not find my keys

and this was case until Tuesday 29th, when i finally got my keys back to take my car.

 

I have all the paper work from the police station stating that I was arrested for car theft

and I am really unhappy about my treatment.

 

I know I have a case but any advice on how to move forward would be very much appreciated.

Thanks in advance

 

 

whe

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You need to make a complaint to the IPCC.

 

http://www.ipcc.gov.uk/complaints

We could do with some help from you.

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Thanks for your replies I will be making the complaint to the ipcc, but just wanted some advice on where I stood and what to expect.

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wouldn't this be better in the bailiff forum

 

Did this bailiff leave you a notice of seizure listing your car

 

What court did you get in touch with TEC did you fill in any forms

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wouldn't this be better in the bailiff forum

 

Did this bailiff leave you a notice of seizure listing your car

 

What court did you get in touch with TEC did you fill in any forms

 

No notice of seizure was left. The reason I have put it in this forum is because its the police that I feel behaved incorrectly, they should not have arrested me on the word of a baliff saying the car was stolen.

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make a complaint to inspector at the station, don't be robbed off with anything that was an unlawful arrest, no reasonable grounds to suspect theft of vehicle. no eeal power to search your house for evidence of theft (offense you were arrested for) if you weren't arrested for damage/theft of clamp then no grounds to search under section 18PACE.

 

Sounds like the pc dealing needs to go back to training, if I was you I would apply in writing forcopy of custody record, search record, authority to search and 1. complain in writing tithe PCC asking for a sizable amount of compensation for unlawful arrest/breaching your right to freedom. 2 unlawful detention at police station same breaches of rights, unlawful searches breaches of privacy a d right to property, unlawful seizure of your car breach of right to property, damage to reputation, damage to health (stress and anxiety caused) and ask for about 250,000 to settle.

 

it's unacceptable in this day and age that a bailiff dealing with a parking fine can cause so much intrusion into your life, and even more unbelievable that you got nicked!

 

ask for pnc stolen vehicle report, CAD or occurrence/incident/crime report of the alleged theft of your own car, ask for a copy of the custody record and copies of all pocket note books. any command and control incident and the collar numbers and names of Officer arresting, custody sgt authorizing detention, inspector authorizing search and the custody inspector who reviewed your detention.

 

shocking treatment and I am an avid supporter of the police. sounds like the bailiff got a mate................... ....

I am fighting it all the way :-x

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I would be questioning how come this particular policeman arrested you and progressed it despite his colleagues thinking it was not correct. Why did he process the arrest when he was given clear evidence that the vehicle belongs to you. Does the policeman have a connection with the bailiff and has he done this on another occasion? For the latter a Freedom of Info request may be required. If the policeman has done thsi before on behalf of a bailiff he is abusing his powers and the police force would be in VERY serious trouble.

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make a complaint to inspector at the station, don't be robbed off with anything that was an unlawful arrest, no reasonable grounds to suspect theft of vehicle. no eeal power to search your house for evidence of theft (offense you were arrested for) if you weren't arrested for damage/theft of clamp then no grounds to search under section 18PACE.

 

Sounds like the pc dealing needs to go back to training, if I was you I would apply in writing forcopy of custody record, search record, authority to search and 1. complain in writing tithe PCC asking for a sizable amount of compensation for unlawful arrest/breaching your right to freedom. 2 unlawful detention at police station same breaches of rights, unlawful searches breaches of privacy a d right to property, unlawful seizure of your car breach of right to property, damage to reputation, damage to health (stress and anxiety caused) and ask for about 250,000 to settle.

 

it's unacceptable in this day and age that a bailiff dealing with a parking fine can cause so much intrusion into your life, and even more unbelievable that you got nicked!

 

ask for pnc stolen vehicle report, CAD or occurrence/incident/crime report of the alleged theft of your own car, ask for a copy of the custody record and copies of all pocket note books. any command and control incident and the collar numbers and names of Officer arresting, custody sgt authorizing detention, inspector authorizing search and the custody inspector who reviewed your detention.

 

shocking treatment and I am an avid supporter of the police. sounds like the bailiff got a mate................... ....

 

Thanks alot for your advice, this is the kind of information I was seeking when posting in this forum. I have done further research into PACE Police and Criminal evidence act 1984 and wrongful arrest, I will update you on my progress, I may seek legal advice from a lawyer.

I'm not sure why none of his collegues didn't have the conviction to tell him that it was a civil matter, rather than telling me. I have a couple of wees booked off work so will have plenty of time to deal with this.

 

I will also mount a case against the baliffs as it was them that initiated all this trouble by filing a false report to the police. I have today got confirmation from the courts that the account was placed on hold at the time they stated that they placed a clamp on my car, so if the clamp was removed it was done because it was placed on the car illegally.

Thanks to everyone for the advice

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