Fairly Urgent, Brother just been arrested!!
Fairly Urgent, Brother just been arrested!!
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Discussion

bigbazza

Original Poster:

2,135 posts

277 months

Wednesday 28th February 2007
quotequote all
Morning Al,, not sure if anyone can advise - My brother recieved an NIP from a local mobile Cam a while ago, relating to last summer - his car was cloned last year BIB didnt want to know and did nothing to find cloners.
So he gets the NIP and throws it back saying my car was cloned, how can you prove this is my car and not the clone - then he asks for the pictures.
They have never provided the pictures but requested he send in pics of his car. A couple of BIBs turned up at our office this morning, asked him when he debadge his Merc (he couldnt honestly remember) and then said that based on what he had said they were arresting him for perverting the course of justice, the evidence they had they wouldnt be able to discuss un til on tape and promptly took him away......
Now we are not scrotes, never been arrested or even come close and its come as a bit of a shock - what do I do?

Einion Yrth

19,575 posts

274 months

Wednesday 28th February 2007
quotequote all
Send him a good solicitor?

bigbazza

Original Poster:

2,135 posts

277 months

Wednesday 28th February 2007
quotequote all
Just done that, we didnt even KNOW a criminal lawyer - had to ask friends for gods sake!! Im just confused as to how they can just arrest him and be so arsey about it without giving any explanation....will they just let him out again?

Big Rod

6,265 posts

246 months

Wednesday 28th February 2007
quotequote all
Yes, and any reference to the case of the cloned car would help too!!

bigbazza

Original Poster:

2,135 posts

277 months

Wednesday 28th February 2007
quotequote all
Yeah he has a bit of stuff relating to the cloned car - basically he knows damn well it was his car, but just threw it back at them as they did nothing to investigate it at the time - are they just trying to frighten him or what? What could the outcome be? Not prison surely?

Big Rod

6,265 posts

246 months

Wednesday 28th February 2007
quotequote all
bigbazza said:
Im just confused as to how they can just arrest him and be so arsey about it without giving any explanation....will they just let him out again?


Because people that aren't 'scrotes' are soft targets!! (Don't get me started!!) As are generally law abiding motorists!!

TBH, it sounds to me like they (BiB) haven't handled this very well. AFAIK, they are obliged to provide you with pictures of the alleged offence, and failure to do so can hurt their case.

bigbazza

Original Poster:

2,135 posts

277 months

Wednesday 28th February 2007
quotequote all
They have never supplied pics despite being asked several times, they just kept asking him when he debadged it, as if that were a ruse to get away with the speed offence - they dont seem to be doing anything about the asian gentlemen who cloned his car and cost him a fortune last year.

Big Rod

6,265 posts

246 months

Wednesday 28th February 2007
quotequote all
bigbazza said:
basically he knows damn well it was his car,


Well, y'see that kind'a puts a little bit of a different slant on it doesn't it!!! I thought you were claiming it was the cloned car that got collared!!

bigbazza said:
but just threw it back at them as they did nothing to investigate it at the time - are they just trying to frighten him or what? What could the outcome be? Not prison surely?


I reckon that kind'a opens a bit of a can of worms. Basically he's potentially guilty of perverting the course of justice if he was trying to send them down the wrong route of investigation.



Edited by Big Rod on Wednesday 28th February 12:22

mel

10,168 posts

305 months

Wednesday 28th February 2007
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Norman Stanley Fletcher ................ clang

splatspeed

7,491 posts

281 months

Wednesday 28th February 2007
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Big Rod said:
bigbazza said:
basically he knows damn well it was his car,


Well, y'see that kind'a puts a little bit of a different slant on it doesn't it!!! I thought you were claiming it was the cloned car that got collared!!

bigbazza said:
but just threw it back at them as they did nothing to investigate it at the time - are they just trying to frighten him or what? What could the outcome be? Not prison surely?


I reckon that kind'a opens a bit of a can of worms. Basically he's potentially guilty of perverting the course of justice if he was trying to send them down the wrong route of investigation.



Edited by Big Rod on Wednesday 28th February 12:22


i think that was a typo

bigbazza

Original Poster:

2,135 posts

277 months

Wednesday 28th February 2007
quotequote all
He wasnt sending them down any route really, he basically just said to them, "prove its my car" which is what the good ole British "Justice" system is based on

Martin Keene

11,595 posts

255 months

Wednesday 28th February 2007
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Confusion reins... So was it his car or not?

bigbazza

Original Poster:

2,135 posts

277 months

Wednesday 28th February 2007
quotequote all
Yes, the car that was caught speeding will have been his, he asked them for the pics as he was trying to prove a point about this cloned car - thats all - they never sent pics but asked him to supply ones of his car for comparison, then they nick him?

Big Rod

6,265 posts

246 months

Wednesday 28th February 2007
quotequote all
bigbazza said:
He wasnt sending them down any route really, he basically just said to them, "prove its my car" which is what the good ole British "Justice" system is based on

Yeah, I take your point, but it seemed to me that he was insinuating that it might've been the cloned car that was 'caught' and not his. If he knew it's his car and was just trying to prove a point then it wouldn't be viewed favourably.

Don't get me wrong, I'm anti speed camera, but I think the waters are being muddied because he's got, (justifiably!) a bit of a chip on his shoulder.

bigbazza

Original Poster:

2,135 posts

277 months

Wednesday 28th February 2007
quotequote all
Yeah, its a big chip, obviously arresting him is far far easier than trying to track down the cloners (even tho the DVLA even have their bloody address!)

All he was asking them to do though was to PROVE it was his car, I still cant see why they have arrested him - thanks for advice so far, not heard from him yet.

splatspeed

7,491 posts

281 months

Wednesday 28th February 2007
quotequote all
so he has claimed it is this cloner when it is his car

and he knows it was his car

they are going to love him

so he knows the address of the cloned car

so he goes therw with the registration document + baseball bat

and proceeds to destroy it

if the police comes he is allowed to destroy his own car

simple case of mistaken identity

tigger1

8,478 posts

251 months

Wednesday 28th February 2007
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So, your brother has been sent a NIP for a car which he knows: -

1) to be his
2) to have been cloned

He then fails to help the authorities with their investigation;
they come and take a look at his car, which matches the pictures they have...I can see why they would be wanting to have a few words with him.

He's probably as wise to seek advice from a motoring lawyer (motoringlawyers.com?) rather than a criminal one, as they will have more experience in this area. And good luck to him, it sounds like he's trying to stand up for whats right, which is difficult when you're in the wrong!

bigbazza

Original Poster:

2,135 posts

277 months

Wednesday 28th February 2007
quotequote all
You are exactly right, he DID speed and yes he is in the wrong, he doesnt know the address of the cloners but the DVLA do, therefore easy enough for BiB to find out.

You're dead right Tigger, hes wrong but trying to stand up for whats right - basically an easy and soft target - which i'm sure you will agree is slightly frustrating.

At the end of the day, it is up to them and CPS to PROVE beyond shadow of doubt it was his silver S class, and while there is another one in the UK, is that not enough doubt to have it thrown out?

andy_s

19,857 posts

289 months

Wednesday 28th February 2007
quotequote all
tigger1 said:
it sounds like he's trying to stand up for whats right, which is difficult when you're in the wrong!


Head of nail smacked.

Davel

8,982 posts

288 months

Wednesday 28th February 2007
quotequote all
Surely they are two different issues.

1) He has been caught by a camera and knows very well that he'll be prosecuted for that, but he tried to avoid being prosecuted by claiming that his car has been cloned and so it could be the cloned car.

2) There is a clone of his car out there and the DVLA have been advised of this and have done nothing about it.

If he has been arrested and goes to court, then he'll likely be clobbered for the first item. The police are trying to see if he de-badged his car to try and avoid prosecution.

Have you any photos of the car de-badged before the date of the speeding event?

I suspect that he needs a very good solicitor and now!