The police withheld my vehicle following an accident and I am now in financial trouble. Can you help?
I was involved in a fatal accident with a pedestrian in 2008. I was not at fault and no prosecution was brought against me, however, my car was taken for examination and rightly so. I was self-employed at the time and my car was and is essential for my work, which I explained to the arresting officer. The vehicle was examined two days after the event, with wear to the front tyres and one front tyre found to be under the correct pressure.
I attended the police station with my solicitor on the evening of the inspection, my solicitor advising me to make a no-comment statement as the accident report had not been finished. I was told later by a police inspector that because I'd taken my solicitors advice, the police considered it a "lack of co-operation" and so they retained my car for just under three and half months, in which time I'd lost my clients, spent over £2000 on legal fees and was (and still am) in danger of losing our home.
When we threatened civil action to get the car back the police made it a scene of crime and retained it even longer. The CPS rejected the case and I believe the police knew that that would be the outcome. Therefore I believe their acts were malicious and intended to put financial pressure on me to achieve what they wanted; a conviction. I have been unemployed since April 2009 and quite frankly we are destitute, and yet the government, the IPCC and the legal services do not want to know. My solicitor wants £1000 just to lodge a hearing through the civil courts, which we just don't have and yet I was arrested and in effect tried, found guilty and sentenced to a life of hardship without a prosecution or attending a court. Can you help or advise me?
I attended the police station with my solicitor on the evening of the inspection, my solicitor advising me to make a no-comment statement as the accident report had not been finished. I was told later by a police inspector that because I'd taken my solicitors advice, the police considered it a "lack of co-operation" and so they retained my car for just under three and half months, in which time I'd lost my clients, spent over £2000 on legal fees and was (and still am) in danger of losing our home.
When we threatened civil action to get the car back the police made it a scene of crime and retained it even longer. The CPS rejected the case and I believe the police knew that that would be the outcome. Therefore I believe their acts were malicious and intended to put financial pressure on me to achieve what they wanted; a conviction. I have been unemployed since April 2009 and quite frankly we are destitute, and yet the government, the IPCC and the legal services do not want to know. My solicitor wants £1000 just to lodge a hearing through the civil courts, which we just don't have and yet I was arrested and in effect tried, found guilty and sentenced to a life of hardship without a prosecution or attending a court. Can you help or advise me?
Asked on 13 September 2010 by JezW
Answered by
Lucy
First of all I am sorry to hear of your predicament. The police have probably just stayed within the rules regarding the gathering of evidence, although the system means they can spin the process out for a while. In these cases the route should be through a complaint to the chief constable and if that fails, through the IPCC. The civil court should be a last resort. The police will often settle cases if proceedings are issued but I am far from convinced that you should be embarking on such an action if your current financial circumstances are as you say. You can bring civil litigation at any time within six years of the loss and your limited resources would be better spent on re-establishing an income rather than paying a lawyer at this stage. Once you are back on your feet you can consider that.
If you really want to proceed to court at this time then I can help you write a claim but you will need to quantify your losses. Be aware that the cost of issuing proceedings are not limited to the initial court fee (although this will be much less than the £1000 quoted by your lawyer). Additional hearings incur additional charges and even if you handle the case yourself (with informal advice from us) you could be around the thousand pound mark on costs before the case is dealt with.
If you really want to proceed to court at this time then I can help you write a claim but you will need to quantify your losses. Be aware that the cost of issuing proceedings are not limited to the initial court fee (although this will be much less than the £1000 quoted by your lawyer). Additional hearings incur additional charges and even if you handle the case yourself (with informal advice from us) you could be around the thousand pound mark on costs before the case is dealt with.
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