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Contraband



Member Since: 08 Nov 2010
Location: FIFE
Posts: 3697

Scotland 

The fact that they are offering you some money would suggest that they know they are liable. I would instruct a lawyer at this point. I still can't believe that the police can, on the word of a suspect, make an entry into someone's home without making reasonable attempts to make contact with the owner. I would completely understand it if we were talking antiterrorism laws and lives were potentially at risk... But a traffic offence? Disgraceful.
Have you contacted your home insurance company? Do you have legal cover?
Good luck with the next step. Previously..
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Post #98670 21st Dec 2011 4:49pm
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Bob the B



Member Since: 10 Jun 2011
Location: Newcastle upon Tyne
Posts: 163

United Kingdom 2004 Range Rover Vogue Td6 Santorini Black

Im no legal eagle but when I see a quote like this

"Therefore, although the search was lawful and Greater Manchester Police are not liable for any damage caused during this search"

It says to me that yes they are liable as THEY CAUSED THE DAMAGE noone else.
If it was an officer in a police car that hits another car can they say that they were following/chaseing a suspect so they arnt liable for any damage!!!!! I think not.

Hope you get all this sorted soon Thumbs Up

Post #98681 21st Dec 2011 7:38pm
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bozmandb9



Member Since: 06 Dec 2010
Location: Wallingford, Oxfordshire
Posts: 1020

I think you should go to the local press. They are taking the p**s.

I'm sure most of us are strong supporters of the bib, however this is just ridiculous. Of course they should be able to search premises, and of course occasionally they'll get it wrong, but for them to then say they are not liable for damage is just plain stupid! Censored Range Rover-less at the moment - Pining!

Post #98738 21st Dec 2011 9:56pm
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trafpol



Member Since: 15 Jun 2011
Location: Surrey
Posts: 141

United Kingdom 2006 Range Rover Autobiography Td6 Buckingham Blue

Speak to a solicitor or Citizens Advice Bureau. Get 2 quotes. Submit them to the police with covering letter saying 'If you can do it cheaper then go ahead'. Send them a solicitors letter mentioning civil action and you usually get a swift response. 2006 MY Autobiography. With 'toys'
Honda ST1300 Pan European

Gone
Jaguar 3.0 SE X Type
Honda CBR1100XX Blackbird

TJF by the way for anyone who knows what that means.

Post #98751 21st Dec 2011 10:02pm
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Avi



Member Since: 24 Sep 2010
Location: North West
Posts: 309

2006 Range Rover Vogue Td6 Alveston Red

!

Thanks, I've spoken to a family friend who's a retired barrister. He's writing me a letter to send with a couple of quotes, basically stating that they should reconsider their offer, or I will look to take legal action.

I'm trying to get it all sorted with the least stress possible, as I've enough things going on at the minute, without all this !

Thanks all !

Post #98770 21st Dec 2011 10:29pm
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Andy



Member Since: 23 Feb 2009
Location: Shropshire
Posts: 2938

United Kingdom 2009 Range Rover SE TDV8 Stornoway Grey

Strange one this- as has been said, the officers should have given you a copy of the search record, or in your absence left it somewhere where you can find it.

It's not a court warrant- we don't need a courts authority for this type of warrant, just a Police Inspector. It has to be justified too- when I go for a Sec 18 PACE authority, it's to look for evidence of an offence for which the detained person has been arrested (or similar offences).Never heard of anyone doing one for a traffic related offence though. Must be more to it than that.

When I've done them, I don't bash the door down if no-one is in, we leave it. Even more so in a case like this. 9 times out of ten, I've got the keys from the arrested persons property when they come into custody.

Our force pay for the damage if nothing evidential is found. Likewise, an incorrect address (rare) will be compensated for.

Different forces might have different policies On entry though. After all, it is a power of entry to search. 2010 MY Vogue SE TDV8 3.6 Stornoway Grey- fully loaded

Post #99384 25th Dec 2011 8:53pm
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dazsear



Member Since: 23 Jan 2011
Location: Lincolnshire
Posts: 68

I doubt it was just for a traffice offence since we can only authorise a section 18 search for an 'either way' offence.....most traffic offences are called summary offences which I simply can't authorise!

Daz

Post #99454 26th Dec 2011 11:21pm
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Avi



Member Since: 24 Sep 2010
Location: North West
Posts: 309

2006 Range Rover Vogue Td6 Alveston Red

!

Correct. I don't think it was just a traffic offence. They had him in custody for something, which they wouldn't tell me. They told me they had checked the MIB though, and that's how they had linked him to the address. There words were something like " he's recorded by the MIB as attempting to get car insurance here sometime in the last 12 months".

In my eyes, although what they did was possibly lawful, they were negligent in their info gathering. They have stated that they were looking for evidence, not a person, so in my eyes, it was not super time critical. They could have taken an extra few minutes to check other basic information available to you and I, as well as electoral records and council tax.

Post #99456 26th Dec 2011 11:47pm
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dazsear



Member Since: 23 Jan 2011
Location: Lincolnshire
Posts: 68

Within 12 months of the search you are entitles to the grounds for the search and the object for which they are searching for, don't just settle for a carbon copy of the section 18 recording form.

Daz

Post #99487 27th Dec 2011 7:38pm
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Andy



Member Since: 23 Feb 2009
Location: Shropshire
Posts: 2938

United Kingdom 2009 Range Rover SE TDV8 Stornoway Grey

Keep us updated on this- I'm interested to see what grounds they had and what they were looking for 2010 MY Vogue SE TDV8 3.6 Stornoway Grey- fully loaded

Post #100166 3rd Jan 2012 12:22pm
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Avi



Member Since: 24 Sep 2010
Location: North West
Posts: 309

2006 Range Rover Vogue Td6 Alveston Red

!

I Will do. Just finishing off drafting a letter with some help, and hopefully get it sent off this week.

Post #100196 3rd Jan 2012 5:14pm
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Avi



Member Since: 24 Sep 2010
Location: North West
Posts: 309

2006 Range Rover Vogue Td6 Alveston Red

A brief update :

They finally digested my letter, and agreed to pay me the full amount i requested (1.5k). Money has arrived in my account!

This is still a good will gesture, and they are not liable for the damage. Now i have the money, i might start with the more difficult questions, and see what other infromation i can get out of them. I'm happy now, as all i wanted was to be compensated for my costs.

I'm not sure whether to continue, or file an official complaint.

Andy Smile

Post #113178 15th Mar 2012 1:33pm
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Contraband



Member Since: 08 Nov 2010
Location: FIFE
Posts: 3697

Scotland 

Continuing will probably get you nowhere... You said yourself that all you wanted was to be compensated for costs, well you now have that! It must have been a terrible experience for you, but all the house damage is repairable. Hopefully, it will make them think before they do it again! Previously..
Vogue SE TD6
Defender 90 2.4
Defender 110 TD5
Vogue 3.5 EFI

Post #113207 15th Mar 2012 5:59pm
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