Police Harrassment

[BazzaS]

9 hours ago, Cadbury10 said:

 

Also, does anybody know why Police would be in a regular unmarked car, but in full police uniform?

 

 

Depending on their role, there could be many reasons, including (but not limited to)

a) Local officers in a GP (General Purpose) car,

b) Roads Policing Unit officers in an unmarked car, so that (member of the public) drivers don’t know it is a police car until closer (so less likely to change their driving behaviour just because they see a police car).

 

The police have more exemptions from DSAR information release than most (for the catchall purpose of assisting with crime prevention) otherwise criminals could just keep applying for details on themselves [not that I am suggesting you are a criminal, but that is why the police have the extra exemption!], so you may not get the detail you seek.

 

https://www.askthe.police.uk/Content/Q87.htm

 

One application will yield the (releasable) info from PNC, but for “locally held” information you’d need to approach each individual service.

 

You’ve posted about harassment from your:

a) mortgage company (yet they are allowed to pursue you for non payment of mortgage for over a year),

b) utilities company (they are allowed to seek a warrant to fit a pre-pay meter if you haven’t advanced realistic proposals to pay your £300+ [and increasing] debt), and

c) car finance company, (again over non-payment).

 

It also depends what you feel is harassment, and if that meets the legal standard for harassment - the fact you feel distressed by it doesn’t mean it becomes harassment - it is if a reasonable ordinary person would feel the same, (most people would expect a mortgage company to attempt repossession after a year of non-payment, or an electricity company to seek a warrant to fit a pre-pay meter if someone showed no sign of an I/E that showed ability to repay an ever increasing debt, and had refused a pre-pay meter by agreement)

 

The devil is in the detail : Why do you feel each has moved from lawfully following up a debt and become harassment, and what has happened with the police (across numerous services, from what you have posted) that constitutes harassment?

 

A complaint to the office of the Police and Crime Commissioner for that service might be another way forward, though it would be worth ensuring others felt it was harassment, too, before making the complaint. 

[BazzaS]

Looking at this from another viewpoint, what you are describing is:

An allegation was made against you, so the police are bound to consider it and investigate if there is reasonable suspicion an offence may have been committed.

They gave you the option of attending a police station. You chose not to, so they came to visit you.

 

You seem put out they came in an unmarked car. Surely that is preferable to a marked car in terms of your privacy.

 

If you were concerned as to the privacy aspect of being spoken to on your doorstep (& given you had already declined to attend the police station), why did you not invite them in?.

 

How would you wish them to proceed if  they needed to speak with you regarding an allegation, you hadn’t agreed to go to a police station, and you hadn’t invited them in?

[BazzaS]

What am I aiming to achieve? Clarity as to if your expectations of treatment (and desired outcome) are:

a) reasonable (where all efforts to help you should be made), or

b) unreasonable (for example complaining about an unmarked car being used, where you likely would complain more if they’d used a marked car!), (where people can decide how much effort to put in to help you based on the likelihood of realistic expectations of the police’s behaviour and realistic expectation of outcome).

You haven’t actually said what you want as an outcome, have you?

 

So, my question remains “How would you wish them to proceed if  they needed to speak with you regarding an allegation, you hadn’t agreed to go to a police station, and you hadn’t invited them in?”.

 

It isn’t an unreasonable question, and hopefully you can give a reasoned and reasonable answer...

Edited July 30, 2019 by BazzaS

[BazzaS]

https://www.which.co.uk/consumer-rights/advice/how-do-i-make-a-subject-access-request

 

https://ico.org.uk/your-data-matters/your-right-of-access/

 

 

Letter template

[Your full address]

[Phone number]

[The date]

[Name and address of the organisation]

Dear Sir or Madam

Subject access request

[Your full name and address and any other details to help identify you and the data you want.]

Please supply the data about me that I am entitled to under data protection law relating to: [give specific details of the data you want, for example:

• my personnel file
• emails between ‘person A’ and ‘person B’ (from 1 June 2017 to 1 Sept 2017)
• my medical records (between 2014 and 2017) held by ‘Dr C’ at ‘hospital D’
• CCTV camera situated at (‘location E’) on 23 May 2017 between 11am and 5pm
• copies of statements (between 2013 and 2017) held in account number xxxxx.]

If you need any more data from me, or a fee, please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your DataProtection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully

[Signature]

 

You can always say “all data held on me (on manual or electronic systems) that can be released” unless YOU can narrow down what YOU want, e.g. by timeframe, by interaction or type of data.

 

How can I (or any other respondent) tell what info you want released, give the paucity of detail of

a) events

b) what outcome you desire, that you have posted so far.

 

[BazzaS]

15 hours ago, BazzaS said:

 

https://www.askthe.police.uk/Content/Q87.htm

 

One application will yield the (releasable) info from PNC, but for “locally held” information you’d need to approach each individual service.

 

 

As above, previously answered.

[BazzaS]

Decades ago? !

 

Was it part of a major enquiry?

Of significant public interest?

Resulted in a Crown Court prosecution? 

Edited July 31, 2019 by BazzaS

[BazzaS]

What was the criminal charge against the police / police officers? (You mention “prosecution against the Police”).

Were they found guilty or not guilty?

[BazzaS]

So, there was no “prosecution against the police”?

If the police were prosecuted and found guilty in the Crown Court, I’d suggest getting the case transcript.

If they weren’t prosecuted and found guilty : little point in obtaining the case transcripts.

 

Do you want the details for the case / charges brought against others (which you aren’t likely to get by a DSAR), or details of data held about YOU (which you’ll likely get, if it is still held, and retrievable without Herculean effort) but

 

a) it may not still be held

b) it may be held but retrieving it may represent “disproportionate effort” by the police

c) If held and retrievable it may be sparse (e.g. “also present at the address was a child”) that refers specifically to you (which is what you are entitled to : YOUR data). You can’t use a DSAR to get details of the case against others.

Edited July 31, 2019 by BazzaS

[BazzaS]

Which part don’t you understand?

If you don’t understand any of it you need to re-read the links about what a DSAR entitles you to.

You can ask for data held on YOU.

You can’t ask for data held on another person, as that is their personal data, not your personal data.

Edited July 31, 2019 by BazzaS

[BazzaS]

It is only advice, you don’t have to take it.

 

But you should only expect data relating to you.

Data regarding another person is likely to be withheld, or at least redacted from what is released to you.

[BazzaS]

If any such claim wasn't statute barred, you could start a civil claim against the police, and request disclosure of the documents as part of that.

 

Advantages : disclosure would give you a wider range of data (in terms of data regarding others) than a DSAR

 

Disadvantages:  For the full remit of disclosure (and given the complexities of such a claim) it wouldn't be on the small claims track. As such it is likely to involve the risks of significant cost (and the other side's costs if you lose), and I suspect you'll find it hard to find a solicitor willing to take it on a "no win, no fee" basis, so you'd need substantial resources to fund such (and from your other threads, this seems unlikely an option for you).

 

If this was decades ago, any such claim is likely statute barred (you'd usually only have 3 years from your 18th birthday if the claim was based on 'personal injury').

If you want to 'make a claim' against the police, how are you going to get around the statute bar issue?.

Edited July 31, 2019 by BazzaS

[BazzaS]

Get legal advice regarding the statute bar issue first.

If your claim is already “dead in the water”, it is worth knowing that before expending energy that won’t give you the compensation you desire, if you can’t get round the statute bar.

 

If you are within the statute bar period but the deadline is looming, don’t miss the deadline by sending an SAR instead of issuing the claim before the deadline.

Edited July 31, 2019 by BazzaS

[BazzaS]

Why not?

[BazzaS]

OK then: When was the earlier of either:

a) your actual knowledge of the harm to you, or b) constructive knowledge (when a reasonable person SHOULD have known) of the harm to you.

Was the earlier of these before or after you turned 18?

 

Edited July 31, 2019 by BazzaS

[BazzaS]

“Satisfy my question”?!

 

I was asking in terms of constructive knowledge, and statute bar. It wasn’t an idle, irrelevant nor unreasonable question.

 

You face an uphill battle for any compensation claim in terms of getting a court to disapply the statute bar.

That uphill is steeper if you chose not to get professional legal advice.

If you are then relying on respondents on CAG to help, that uphill becomes even steeper if you “kick back” at reasonable questions.

I suspect it will only put people off helping you to help yourself.

 

Good luck. With your lack of insight and your approach, you’ll certainly need it.

Edited July 31, 2019 by BazzaS

[BazzaS]

You are entitled to your opinion: in terms of who is correct - let’s see how the thread pans out..........

[BazzaS]

 

11 minutes ago, Cadbury10 said:

 

 

Site team : I’m happy to let that last post stand for people

a) to make their own mind up about me, but also

b) people to decide if it is worth putting in effort to help the OP (in terms of the likelyhood of success, and their insight)

 

OP, sorry I’m not grateful to you for all the effort people have put in to help you!

[BazzaS]

Interesting how “I won't bother posting on here” is followed by multiple subsequent posts!

[BazzaS]

OP : you can ignore me. There is a setting in your user panel to do so.

 What will be harder to ignore is the factual issues I raise, such as statute bar.

 

Wishing it didn’t exist isn’t the same as it not existing.

 

Any user who thinks one of my posts doesn’t meet site rules can report it. Other than that, if my posts meet site rules and offer factual advice or reasoned opinion (even if it isn’t what the OP wants to hear), I hope the site team will allow them to stand, even if they won’t help the OP they might help someone else who later comes across the thread.

 

 

Edited July 31, 2019 by BazzaS