Locked up in a solihull police cell whislt doing my job

*** T & D mag please print, along with another other truck or associated theme magazines. ***

So, as you know I’ve been contracted to UCI Logistics at Castleford depot this week on nights doing the Castleford-Tamworth-Landrover DC1 trunk run.

Tonight - 15th/16th - I turned into Starley Way at 9.55pm which leads to the main entrance into Landrover DC1 for my 10pm booking. As usual the wagons were queueing out of the gate so I joined the back of the queue about two thirds of the way along Starley Way, pulled up, killed the headlights (leaving sidelights on) and jumped into the passenger seat to eat my sarnies.

In the 45 minutes I was there queueing I had moved up two wagon lengths, still with the engine running and the side lights on when a small white unmarked van pulled alongside my offside door, two guys jumped out and then the next thing I heard was the clattering of chains under the front offside wheel arch. Wondering what the hell was going on I flew the door open and said, “wtf do you think you’re doing?”. “We’ve clamped your vehicle. You’re parked on a private road. It’s a £220 release fee”. Naturally not wanting to be marooned 150 miles from home without something usable to get me home I protested somewhat and told them to take it off… politely of course . As there was a wagon waiting tight behind me and one tight in front I couldn’t really go anywhere but as they hadn’t yet managed to put the front plate of the clamp on the wheel I put it in gear and started rocking it forwards and backwards, knowing that they wouldn’t be able to finish the job with the vehicle moving.

The wagon in front must have realised what was happening from all the yelling and shouting so he moved down out of the way leaving me a gap to get through. The clamp guy said that if I moved it would damage the steering rods and pipes and cause a lot of damage but if I stopped moving and switched the engine off he’d take it off. Yeah right, likely. Much telling them that if they didn’t move the van and themselves I’d drive over them got them thinking so they both got in their van and drove forward, pulled in front of me and started reversing right up to my cab in an attempt to stop me moving about at all so they could finish the clamping job off. Seeing an ideal opportunity to get away, I gave it full right lock and started pulling away from the kerb when the offside rear door of their van hit the front of the unit as they were reversing. Determined not to be defeated I slammed it in reverse, gave it full opposite lock and reversed enough to give me clearance past their door to get out. By this point both of them had jumped out of the van and were standing in between the wagon and the back of their van looking on. Ensuring that I didn’t hit either of them for obvious reasons I eased out very gingerly with the chains and plates dragging under the wheel and managed to slowly get the wagon in Landrovers yard off the road.

Brian, who seems to be the guy in charge of things there had gone over to the clamp guys to find out why they’d clamped me with me sat there with engine running and lights on. I got out of the cab and followed him up to find the police already in attendance. A good deal of heated discussion later and one of the cops came over to me and asked if I was the driver of the wagon involved to which I replied yes and then she said that one of the clampers had made an allegation that I’d driven at him at speed in the wagon when he was stood at the back of his van and that I’d tried to run him over and so I was been arrested under section 47 (?) for attempted assault with the intention to inflict bodily harm.

No amount of protesting or shouting changed anything so I was shoved in the back of the panda like a true criminal and carted off to Solihull North cop station where I was humiliated even further by having to hand in all my possessions and remove my wrist chain and watch and then be subjected to an embarrassing ordeal of having a full male searcher using his hands to search me and then checking for weapons using something that resembled a small metal detector. When I was told to remove my belt and shoes as well I let rip with them and demanded to know what grounds they had to do this to me including the humiliation of it all from the looks of all the bystanders.

Whilst all this was going on the sergeant was inputting my details into the system and he asked the arresting officer was I had been arrested for. She said (iirc) section 47, attempted assault with the intention to inflict bodily harm to which the sergeant looked at her and said no, you can’t do that. I was told to wait outside in the corridor with the other officer as ■■■■■■ whilst a heated discussion ensued between the sergeant and the arresting officer. Eventually I was lead back in and they had changed the arrest from that (above) to (iirc) section 102 public order offence with intent to inflict bodily harm. Something fishy going on here, ie. ■■■■-up.

I asked to make a phone call to my brother which was refused at the time but I “would be able to call him later”. If I could have spoken to my brother I wouldn’t have needed legal representation but as my request had been refused I had to take the legal representation route as I wanted to make sure I didn’t say anything in my statement which could have been turned around and held against me and also to cover my own back. I was told that the solictor wasn’t on site (time was 12.30am) but he’d be there soon.

Expecting to have been lead to wait in a normal style room whilst he got there and offered a drink I was lead by my arm to a cell, told to remove my shoes and socks and wait in there. The cell was in a disgusting state; the floor hadn’t seen a brush or mop for decades and there was rubbish including tab-ends and sharp objects which hurt my feet all over the place. There was a wooden board with a mattress the thickness of a sheet of A4 to sit on and a toilet pan in the corner that had never seen a clean, was overflowing with ■■■■■ and urine decades old, no toilet paper was provided and the cell stunk of urine.

I sat in there infuriated for approximately an hour when I’d had enough and pressed the call button on the wall. It was repeatedly ignored. I banged on the door to get someone’s attention for a solid 5 minutes without anyone coming. Eventually, after another half hour the sergeant unlocked and opened the door and told me to come out because my solicitor had now arrived. In that time I was not offered the opportunity to make the call I had requested although I had ticked the “don’t want family to be informed of my situation” as I had already managed to text my bro to tell him briefly what had happened but they had agreed that I could make a phone call to him and this was never allowed until after the hour and half I was locked up. Also within that time I was not offered a drink or anything to eat

I spoke with the solicitor and gave my statement to the cops and then told what the clamper had said in his statement. He’d said that he had every right to clamp my vehicle as the engine was not running, the lights were off and the vehicle was unoccupied and there were ample signs (I found just two after the event) stating that clamping was in force as it was a private road. He also said in his statement that they particularly target wagons which are parked long-ways closely between two others so that should the driver realise what is happening they can’t get the wagon out hence allowing more time to finish fitting the clamp

My statement was considered by the sergeant and his decision was to take no further action as he felt I was right. There was no apology for the arrest or inconvenience and I was given a lift back to Landrover by the arresting WPC and that was the end of it.

I feel that the way I was treated from the time of the incident from the time I was released was totally disgusting in every respect. I was treated and handled like an out of control animal, not a civil law abiding human being and I will waste no time in complaining to highest level of police possible and seek to make this ordeal as public as possible, not just to warn other drivers of queueing on this road but also to alert the public to the way the police handle you. I am seriously considering going to the tabloid papers.

I also feel that I have strong ground for wrongful arrest although I am only guessing but will waste no time in seeking the advice from a solicitor.

The law in this country stinks. What happened to innocent until proven guilty ? This is a pure example of what the real story is in todays society :

GUILTY UNTIL PROVEN INNOCENT.

I warmly look forward to your comments & thoughts.

Rob I.Knapp

Get a good solicitor!! looks like wrongfull arrest to me.If they changed the offence you where arrested for at the cells in the police station they are on a “sticky wicket”.Also when they arrested you did they actually read or say a “caution” to you something like “you do not have to say anything unless you wish to do so” etc etc like you see on T.V. If not and you can prove it (witness etc) that is definately wrongfull arrest because you have not even been properly cautioned under common law!!
The very fact that they “let you off” tells you that there was a “ballsup” on the part of “plod”!!

Rob, are you in a union, if so see their solicitor, if not then seek your own and go for it, police cells and waiting areas are supposed to be cleaned between prisoners or interviews, I personally know they are not tho. If there was other drivers of trucks in the same area why did they not come to your assistance. Was it an " I am alright Jack attitude" which is a common problem these days.
Good luck with your fight against both clampers and police.

Rob,

This is an appalling story and should be a warning to everyone who may be put in this position.
You were treated very badly by all concerned but thank goodness you were able to argue at every stage and eventually made the old bill realise they were not in the right. What would have happened if you had been a foreigner with no English? I have often wondered if French drivers in England would be treated so badly for such a long time as John Vasey in Perpignan for instance. I don’t think so, but I’m not sure. We all have a very rosy impression of British justice until something like this happens.

Questions I would like answers to:
What about all the other drivers there. Did they not bear witness to your real intent?
Were any of them clamped also?
If so, what happened to them?

Suggestions for the future:
If all the drivers pulled into Land Rover’s yard and refused to park on the street would that cause gridlock and perhaps persuade the company to do something about it?
If you have to park on the street always leave a gap in front for a quick exit (I’m sure you have decided this already).
If these clamps don’t fit duals or tri-axle size wheels get a couple and clamp yourself. Probably a very expensive option.
Buy a small clamp and clamp the clamper’s van.

By the way I’m sure you did the right thing when you realised what was happening, once those clamps are on you’re knackered.

Lastly, and most importantly, DID YOU GET TIPPED?

Take it easy,
Salut, David.

If there is damage to your wagon caused by the clampers vehicle reversing into you, then surely you should be able to take them for criminal damage, that was also surely an illegal manouvre on their part.
They deliberately put themselves into a dangerous position by putting their vehicle and themselves in your way, is this covered in their own H&S statement that they may do this, if not■■?
I am also appalled by the actions of the police, H&S in the cell, searching you in public, I think a formal complaint to the Chief Constable is in order.
You really have to make as much noise as you can, this is a dreadful way to treat fellow human beings.

Clampers who do this kind of thing are the scum of the earth.

I would definitely be complaining to the Chief Constable, talking to a solicitor and if I wasn’t getting any joy from that angle I’d definitely be talking to the tabloids.

Sorry you were put through this, it must have been a very frightening experience as well as de-meaning.

Sorry to hear about this Rob and you should get legal advice and take it as far as you can.

Good luck

Neil

What a zb carry on!!!

Who owns the private road?

Potential lgv drivers reading this will really help the shortage

Not worth the 5 quid an hour for the hassle

GET A SOLICTOR. This is obviously a case of unlawful arrest. The fact that the arresting officer and the custody sergeant had a row and you were then booked in under a different offence says that the custody sergeant was not prepared to accept you under the S47 offence as he considered the arrest unlawful. They couldn’t release you at that because that would have meant they were owning up to the incorrect arrest. BE VERY AWARE THAT WHEN THIS IS TRAWLED THROUGH THE ARRESTING OFFICERS NOTES WILL SHOW YOU WERE ARRESTED FOR THE PUBLIC ORDER OFFENCE. Yes I know its wrong but accept it, thats what will have happened.

Get yourself a good solicitor and claim for unlawful arrest. There are several complaints for you to follow up here: unlawful arrest and several breaches of the Police and Criminal Evidence Act (PACE) which lays down the procedures for the collection of evidence and the treatment of suspects.

Sorry you had to go through this ordeal Rob, do you know if this is a regular problem at this site? what have Landrover got to say about it? Are they fully aware of this going on? As they tried to clamp you illegally what are the police going to do about that, are they going to prosecute the van driver for using his van as a battering ram or useing it to try to hold you and your vehicle captive. if this was a private road, who owns this road and do they realize that these clampers are behaving in an illegal way and the owners of the road could be held responsible for the clampers action? Will your boss send a bill to the police & the clampers for the loss of earnings of the truck caused by their actions. No wonder nobody has confidence in our police nowerdays!
I hope you get well compensated for having to go through this as well.

Sorry to read your story Rob you want to see one of these no win no fee chaps and get the justice you deserve for the apalling way you were treated the clampers should have been the ones that were treated like scum as thats what they are good luck keep us posted.

Rob

Is the Unit you were driving fitted with a tracking system? You should be able to prove that your engine was running, from details uploaded from the tracker system’s log. (I know ours provide this information, so assumedly yours will too)

Best of Luck

Kate

firstly can i tell you of an incident that happened to a friend of mine (by the way i am not suggesting you take this course of action for obvious reasons)

he had just moved in with a girlfriend a small estate of private flats which was patrolled by a private clamping firm as it is close to a high street and the shoppers park in the residents bays.

as he had only just moved in he had applied to the managing agents for a parking permit but had not recieved one at the time of the incident but did have a letter saying he had interim permission until it’s arrival.

so one morning at 6am he goes outside to find a clamper in the process of putting a clamp on,my friend (peter) aasks him to stop as he has permission to park there and produces said letter.

the reply was “i have started to put it on now you will just have to pay the release fee and argue for a refund later”

peter -“fine can i pay you now as i have to go to work?”

clamper “no the office doesn’t open til 9 am either” and started laughing.

now peter being a scaffolder (not known for their negociating skills in my neck of the woods) decides it wasn’t that funny and proceeds to the rear of the clampers van (which had been left open) picks up one of the spare clamps and then sends said clamper to intensive care via the end of the clamp.

the ironic thing is three weeks after getting out from an 18 month sentence he was awardwed a medal for bravery as he and a couple of his colleagues were the first one on the scene (because they were on a job next to it) at the southall rail crash and pulled a lot of people from the wreckage.

which just goes to show you cant judge a persons character from one incident.

by the way does landrover have cctv if they do you have the right to a copy of any tape that you appear on under the data protection act also they cannot charge you any more than £10 as this is the limit set by law for the copies.if they do you can bring a prosecution against :-

1, the police for wrongful arrest as they would have seen if they had checked this evidence.

2,the clampers for criminal damage

3,the clampers for tresspass on your property ie the lorry as it was not parked but stopped (there is a difference) as the engine was still running and the lights were on

4,for assault with intent by the act of ramming your vehicle on purpose.

beware if you do want to follow this course you must be quick as different companies keep the tapes for different amount of times but all you have to do is ring them tell them the exact time & position of the vehicle & they must send you a form to fill out.

rob, my older brother currently serves as a police officer up here in scotland, i know the laws are slightly different down there in england but he served with the met police for 9 years. if you wish i can speak to him tomorrow 17th jan and ask him for his imput. he might be able to give you a course of action that you or your employer can take.please let me know.

Driveroneuk:
What a zb carry on!!!

Who owns the private road?

the roads on the estate are owned by the people who own the indust estate,i have also seen them cart away belgium drivers and austrians for very small trivial matters (one had moved of boat at dover parked up and made up for movement then continued to landrover),they locked him up for 4 hrs bought him back but told him he couldnt go in for his tip,until he had had 9hrs break…landrover wont let you park in the premises,they do have a small parking place outside gate but keep m/t trailers there,so no one can park of the road…

Big Truck:
…Also when they arrested you did they actually read or say a “caution” to you something like “you do not have to say anything unless you wish to do so” etc etc like you see on T.V. If not and you can prove it (witness etc) that is definately wrongfull arrest because you have not even been properly cautioned under common law!!
The very fact that they “let you off” tells you that there was a “ballsup” on the part of “plod”!!

I got the “you do not have to say anything…” blurb when I was being arrested, yes.

Danneke:
Rob, are you in a union, if so see their solicitor, if not then seek your own and go for it, police cells and waiting areas are supposed to be cleaned between prisoners or interviews, I personally know they are not tho. If there was other drivers of trucks in the same area why did they not come to your assistance. Was it an " I am alright Jack attitude" which is a common problem these days.
Good luck with your fight against both clampers and police.

Not in a union. I’ve yet to find out the name of the driver in the artic behind me and I don’t know if he was in his wagon etc yet, so can’t comment on whether it was possibly the “I’m alright Jack” attitude or not.

BondiTram:
Rob,

This is an appalling story and should be a warning to everyone who may be put in this position.
You were treated very badly by all concerned but thank goodness you were able to argue at every stage and eventually made the old bill realise they were not in the right. What would have happened if you had been a foreigner with no English? I have often wondered if French drivers in England would be treated so badly for such a long time as John Vasey in Perpignan for instance. I don’t think so, but I’m not sure. We all have a very rosy impression of British justice until something like this happens.

I later found out whilst I was waiting in the cop car waiting to be carted off that they’d clamped a foreigner up the road. He’d come down and was trying to get the cops to do something about in very porr English but as usual, the cops pulled the “it’s a civil matter, you shouldn’t have been parked there” story, which, I guess in this particular case is justified as from the state of his dress, he was asleep at the time. He was explaining that he didn’t have enough money to get the clamp off but it wasn’t getting him anywhere. I felt so sorry for the guy.

Questions I would like answers to:
What about all the other drivers there. Did they not bear witness to your real intent?
Were any of them clamped also?
If so, what happened to them?

So far I only have the registrations and trailer numbers of the immediate wagons in front and behind so it will be a separate task to find out the names of the drivers and also managing to get in contact with them. None of the other drivers were clamped. They specifically targetted my vehicle because as there were wagons close in front and behind I wouldn’t be able to move once they started.

Suggestions for the future:
If all the drivers pulled into Land Rover’s yard and refused to park on the street would that cause gridlock and perhaps persuade the company to do something about it?

It was very quiet there tonight, with it being a Friday night but as it seems that the whole of UCI and TNT drivers have heard about it that I shall have to wait and see what happens come the usual rush this coming Monday night.

If you have to park on the street always leave a gap in front for a quick exit (I’m sure you have decided this already).

Absolutely.

If these clamps don’t fit duals or tri-axle size wheels get a couple and clamp yourself. Probably a very expensive option.
Buy a small clamp and clamp the clamper’s van.

By the way I’m sure you did the right thing when you realised what was happening, once those clamps are on you’re knackered.

Lastly, and most importantly, DID YOU GET TIPPED?

Yes, I was tipped straight away when I returned (locked truck and took keys with me) and my return trailer had kindly already been loaded with the empties.

Take it easy,
Salut, David.

Dratsabasti:
If there is damage to your wagon caused by the clampers vehicle reversing into you, then surely you should be able to take them for criminal damage, that was also surely an illegal manouvre on their part.

No damage to the wagon; after all the speed at contact was neglible. Can’t comment on second bit as I don’t know; need to speak to solicitor about that amongst other things.

They deliberately put themselves into a dangerous position by putting their vehicle and themselves in your way, is this covered in their own H&S statement that they may do this, if not■■?

Pass.

I am also appalled by the actions of the police, H&S in the cell, searching you in public, I think a formal complaint to the Chief Constable is in order.
You really have to make as much noise as you can, this is a dreadful way to treat fellow human beings.

The Chief of Police will definitely be getting a letter and I shall be taking the matter to the top and higher. In fact I am more angry about my treatment than the incident itself.