ChatterBank0 min ago
False Arrest
Recently I was wrongfully arrested recently and put in a cell for 2 days.
This is how events unfolded in chronological order:
Feb'10. Reversed out of parking space and scratched car in next space.
Didn't realise at time until got home, Didn't know what to do, didn't report it (not knowing I had to by law).
Apr'10. Visit from Police and subsequent interview re above. It had been seen and reported. Charges were 'Leaving scene of crime leaving no details' and 'not contacting Police after incident'. I pleaded guilty.
Phoned my Insurance company with details of other car and luckily they were also insured with my insurer. Insurer sorted out that side of things.
Also got my car fixed - £60. Scratches were minor.
Jul'10. Copy Complaint (think that is what its called) arrived.
Pleaded guilty by letter to avoid court appearance, sent off recorded delivery with my driving license etc.
Aug'10. Visit from Police to say a non-court appearance had been noted and I HAD to appear at court in the next week or risk arrest.
I said I had pleaded guilty by letter and was surprised by this. Phoned Fiscal office and they said 'yes, we have received the relevant paperwork from you, we just didn't pass it through to the court on time. Sorry, we will sort it, our mistake. You do not have to appear at court'. Conversation was recorded.
Sep'10. Warrant for arrest issued. 3 days after that they arrived on my door, at the weekend, and arrested me. Spent 2 days in cell.
Taken to sheriff court and was subsequently released after they realized their mistake.
Have received a full apology from them and all charges dropped, including Road Traffic Offense charges.
I have contacted a solicitor about it, but is the fact that the 2 RTO charges have been dropped enough, or do I have grounds for further action?
This is how events unfolded in chronological order:
Feb'10. Reversed out of parking space and scratched car in next space.
Didn't realise at time until got home, Didn't know what to do, didn't report it (not knowing I had to by law).
Apr'10. Visit from Police and subsequent interview re above. It had been seen and reported. Charges were 'Leaving scene of crime leaving no details' and 'not contacting Police after incident'. I pleaded guilty.
Phoned my Insurance company with details of other car and luckily they were also insured with my insurer. Insurer sorted out that side of things.
Also got my car fixed - £60. Scratches were minor.
Jul'10. Copy Complaint (think that is what its called) arrived.
Pleaded guilty by letter to avoid court appearance, sent off recorded delivery with my driving license etc.
Aug'10. Visit from Police to say a non-court appearance had been noted and I HAD to appear at court in the next week or risk arrest.
I said I had pleaded guilty by letter and was surprised by this. Phoned Fiscal office and they said 'yes, we have received the relevant paperwork from you, we just didn't pass it through to the court on time. Sorry, we will sort it, our mistake. You do not have to appear at court'. Conversation was recorded.
Sep'10. Warrant for arrest issued. 3 days after that they arrived on my door, at the weekend, and arrested me. Spent 2 days in cell.
Taken to sheriff court and was subsequently released after they realized their mistake.
Have received a full apology from them and all charges dropped, including Road Traffic Offense charges.
I have contacted a solicitor about it, but is the fact that the 2 RTO charges have been dropped enough, or do I have grounds for further action?
Answers
1 to 7 of 7
I would be amazed if the punishment for the traffic offences you descibe after pleading guilty would have been inprisonment
I guess the questions you need to answer are:
1 - What would the fines have been if they had pressed ahead with the charges?
2 - Would they be able to re-charge you if you did pusure...
I guess the questions you need to answer are:
1 - What would the fines have been if they had pressed ahead with the charges?
2 - Would they be able to re-charge you if you did pusure...
15:32 Fri 17th Sep 2010
-- answer removed --
I would be amazed if the punishment for the traffic offences you descibe after pleading guilty would have been inprisonment, which is effectively what you served.
I guess the questions you need to answer are:
1 - What would the fines have been if they had pressed ahead with the charges?
2 - Would they be able to re-charge you if you did pusure compensation?
Personally I think it is important that these things are pursued. If people just leave it then what reason is there for the police / courts to sort out their mistakes and processes?
I guess the questions you need to answer are:
1 - What would the fines have been if they had pressed ahead with the charges?
2 - Would they be able to re-charge you if you did pusure compensation?
Personally I think it is important that these things are pursued. If people just leave it then what reason is there for the police / courts to sort out their mistakes and processes?
1 to 7 of 7
