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  • FIRST POST
    • tommyb3000
    • By tommyb3000 7th Aug 18, 11:12 PM
    • 1Posts
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    tommyb3000
    Vehicle Has Been Seized By Police Incorrectly
    • #1
    • 7th Aug 18, 11:12 PM
    Vehicle Has Been Seized By Police Incorrectly 7th Aug 18 at 11:12 PM
    Hello, I was incorrectly arrested over the weekend on suspicion of theft with a friend. We where arrested and chucked to the floor with 8 officers and 6 cars. Held for 16 hours with no evidence against us what so ever. Just a description of 2 males.

    The searched my house and my friends over night as well as seizing my vehicle keys, house keys and seizing one vehicle. As they seized all my keys I had no access to home or any of my 3 vehicles (and had to stay on a friends sofa).

    Anyway we where proven not guilty 2 days later. When I went to collect my vehicle (which was miles away) I had to pay a £150 fee to get it back for the recovery costs. Me and my friend from the start made it very clear we had done nothing wrong and they had the wrong people. This was obviously confirmed once they closed the case and where proved not guilty.
    My argument with the police now is I am £150 short for the recovery fee. It was the polices choice to seize the vehicle so I should not be paying for this despite being innocent. As well as this I had no access to my other vehicles so I have also been left out of pocket for an additional £400 as I have been unable to work for two days. I am self employed.

    Where do I stand on recovering the the £150 and also possibly getting money back for loss of earnings? The police officer has said there is nothing the police will do about this.

    Thanks Tom
Page 1
    • wgl2014
    • By wgl2014 7th Aug 18, 11:19 PM
    • 751 Posts
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    wgl2014
    • #2
    • 7th Aug 18, 11:19 PM
    • #2
    • 7th Aug 18, 11:19 PM
    Contact their civil litigation dept and complain, if you don't get what you want then sue.

    Bear in mind that not everyone who is arrested is guilty, that doesn't make the arrest or any subsequent seizures or searches illegal.

    I would suggest you consider getting some legal advice, were you represented in custody?
    • TooManyPoints
    • By TooManyPoints 8th Aug 18, 12:22 PM
    • 104 Posts
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    TooManyPoints
    • #3
    • 8th Aug 18, 12:22 PM
    • #3
    • 8th Aug 18, 12:22 PM
    Anyway we where proven not guilty 2 days later.
    Or do you mean that the police decided to take no further action (which is not the same thing at all)? You do not get proven Not Guilty, even in court. You may be found Not Guilty but all that means that the case was not proved against you. There are subtle differences which you may have to consider when deciding what action to take against the police.
    • Stoke
    • By Stoke 8th Aug 18, 3:00 PM
    • 2,515 Posts
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    Stoke
    • #4
    • 8th Aug 18, 3:00 PM
    • #4
    • 8th Aug 18, 3:00 PM
    https://www.bbc.co.uk/news/uk-31025413

    You can't sue the police.
    • Arklight
    • By Arklight 8th Aug 18, 3:03 PM
    • 1,406 Posts
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    Arklight
    • #5
    • 8th Aug 18, 3:03 PM
    • #5
    • 8th Aug 18, 3:03 PM
    Is this like one of those things where they smash your door in and don't have to pay?
    • k3lvc
    • By k3lvc 8th Aug 18, 3:10 PM
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    k3lvc
    • #6
    • 8th Aug 18, 3:10 PM
    • #6
    • 8th Aug 18, 3:10 PM
    So what's the full story ? 16hrs in custody for a theft case and seizure of your house/car keys when released sounds a bit 'school-holidayish' to me
    • Car 54
    • By Car 54 8th Aug 18, 3:47 PM
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    Car 54
    • #7
    • 8th Aug 18, 3:47 PM
    • #7
    • 8th Aug 18, 3:47 PM
    https://www.bbc.co.uk/news/uk-31025413

    You can't sue the police.
    Originally posted by Stoke
    Nonsense. The article makes it clear that you can't sue them for negligence, which is not what the OP seems to be alleging.
    • Tarambor
    • By Tarambor 8th Aug 18, 3:58 PM
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    Tarambor
    • #8
    • 8th Aug 18, 3:58 PM
    • #8
    • 8th Aug 18, 3:58 PM
    So what's the full story ? 16hrs in custody for a theft case and seizure of your house/car keys when released sounds a bit 'school-holidayish' to me
    Originally posted by k3lvc
    Sounds perfectly valid especially if it was an arrest on an evening.
    • AndyMc.....
    • By AndyMc..... 8th Aug 18, 4:21 PM
    • 2,078 Posts
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    AndyMc.....
    • #9
    • 8th Aug 18, 4:21 PM
    • #9
    • 8th Aug 18, 4:21 PM
    Sounds perfectly valid especially if it was an arrest on an evening.
    Originally posted by Tarambor
    Yeah, the charged him recovery fees but not storage.

    Until he comes up with a better story I'm not buying it either.

    He shouldn't be paying any fees in the hypothetical scenario given so far.
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    • k3lvc
    • By k3lvc 8th Aug 18, 4:26 PM
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    k3lvc
    Sounds perfectly valid especially if it was an arrest on an evening.
    Originally posted by Tarambor
    But then found not guilty 2 days later ?? V. unlikely to be arrested day 1, held overnight, attend court on day 2, be remanded overnight and then found not guilty on day 3

    No rational reason to release OP and retain house/other car keys
    • AndyMc.....
    • By AndyMc..... 8th Aug 18, 4:28 PM
    • 2,078 Posts
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    AndyMc.....
    But then found not guilty 2 days later ?? V. unlikely to be arrested day 1, held overnight, attend court on day 2, be remanded overnight and then found not guilty on day 3

    No rational reason to release OP and retain house/other car keys
    Originally posted by k3lvc
    There is, it happens quite often.
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    • Arklight
    • By Arklight 8th Aug 18, 4:30 PM
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    Arklight
    There's something raaaaather fishy about all this.
    • Comms69
    • By Comms69 8th Aug 18, 4:56 PM
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    Comms69
    https://www.bbc.co.uk/news/uk-31025413

    You can't sue the police.
    Originally posted by Stoke
    You absolutely can sue the police.
    • Comms69
    • By Comms69 8th Aug 18, 4:58 PM
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    Comms69
    To be clear, the property that you had with you at the time of arrest, unless seized as evidence, should be returned at time of release.


    Keys are not typically evidence (rather a means of gaining entry to gather evidence).


    As someone else has said, in the above scenario there is no fee to be paid.
    • AndyMc.....
    • By AndyMc..... 8th Aug 18, 5:02 PM
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    AndyMc.....
    To be clear, the property that you had with you at the time of arrest, unless seized as evidence, should be returned at time of release.


    Keys are not typically evidence (rather a means of gaining entry to gather evidence).


    As someone else has said, in the above scenario there is no fee to be paid.
    Originally posted by Comms69
    Depends on the theft, think car key burglary.
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    • k3lvc
    • By k3lvc 8th Aug 18, 5:03 PM
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    k3lvc
    There is, it happens quite often.
    Originally posted by AndyMc.....
    Even after a not guilty (although we still don't know whether it's a true not-guilty, an acquittal or a NFA)

    I still say there's another side to the story that explains the OP's predicament
    • AndyMc.....
    • By AndyMc..... 8th Aug 18, 5:07 PM
    • 2,078 Posts
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    AndyMc.....
    Even after a not guilty (although we still don't know whether it's a true not-guilty, an acquittal or a NFA)

    I still say there's another side to the story that explains the OP's predicament
    Originally posted by k3lvc
    Best guess he was released under investigation, maybe bail but unlikely.

    Keys were either retained as part of the investigation or more likely with the seized car.

    Two days later he was eliminated from the investigation and allowed to collect the car/keys.

    First appearance at court unless remanded is usually a week.
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    • Comms69
    • By Comms69 8th Aug 18, 6:21 PM
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    Comms69
    Depends on the theft, think car key burglary.
    Originally posted by AndyMc.....
    Ye ofcourse, but these werenít stolen keys.
    • AndyMc.....
    • By AndyMc..... 8th Aug 18, 7:52 PM
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    AndyMc.....
    Ye ofcourse, but these werenít stolen keys.
    Originally posted by Comms69
    Wasn't a stolen car either.
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    • Comms69
    • By Comms69 8th Aug 18, 9:28 PM
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    Comms69
    Wasn't a stolen car either.
    Originally posted by AndyMc.....
    Think itís just pedantics at this stage...
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