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Driving
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 18/05/2008, 16:25
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Ole Git
 
Joined on 19/03/2008
Perpignan
Posts 16
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Re: Please help.......insurance quandry
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Unfortunately most of us on this Forum are of a certain age and even today believe that Mr Plod is always right.
Whilst it is the Custody Sargent's duty to oversea the Prisoners being detained, he will only Judge if the original reason for arrest was correct.
As now days they arrest innocent demonstrators under the terrorism act, the Custody's Sargent duty of care has long gone.
As far as Opas is concerned she quite rightly wants her man home.
We can all pontificate but all Police stations are a Black hole over the week end and unless she has some one with clout he will be appearing tomorrow before a group of worthies who always support the Police.
There is no reason why if he pleads "Not Guilty" tomorrow that he and his car should not be released.
Bob T 24 if the Mr Plods send van loads to arrest Pensioners for Council Tax offences why shouldn't they do the same for Opas's Husband.
Chief Constables have been proved to be corrupt and they are allowed to resign keeping thier full pension.
Wake up smell the Coffee
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18/05/2008, 16:26
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powerdesal
Joined on 07/01/2006
Fujeirah, U.A.E
Posts 2,355
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Re: Please help.......insurance quandry
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 Boiling a frog wrote: | | powerdesal wrote: | So basically BaF, if I give my name and address to a Constable and he chooses not to believe me, unless I have "proof" on me he can (and will) arrest me without any other grounds. Sounds a bit like mainland Europe in the early 40s to me.
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I suspect you deliberatly missed out the first bit to make it sound like a police state.
1) A constable may arrest without a warrant-
(a) anyone who is about to commit an offence;
(b) anyone who is in the act of committing an offence;
(c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence;
(d) anyone whom he has reasonable grounds for suspecting to be committing an offence.
(2) If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.
(3) If an offence has been committed, a constable may arrest without a warrant-
(a) anyone who is guilty of the offence;
(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.
Can I ask what is so bad about that ?
You need to be suspected of committing an offence not just asked for your name and address |
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No, I did not deliberately miss out any part, I simply mis-read your para 4. I have no desire to make the UK sound like a Police state
Steve
Fujeirah Emirate, U.A.E + 50 (in France)
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18/05/2008, 16:31
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Boiling a frog
Joined on 06/09/2004
Charente 16
Posts 706
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Re: Please help.......insurance quandry
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My sympathy for the OP has now somewhat diminished following the revalation that the husband appears to have resisted arrest and that an assistance call by the original officer resulted in 6 police cars turning up.
I am afraid that I can never find any justification for resisting arrest and neither can the courts
That I suspect is the real reason he remains in custody.
Perhaps if the OP had revealed all the facts to start with then appropriate advice would have been given but I feel somewhat put apon having wasted time searching for information and giving advice without the true facts being revealed![Angry [:@]](/cs/images/emotions/angry.gif)
Boiling a frog
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18/05/2008, 16:32
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opas
Joined on 23/08/2004
catalonia, top of the hill en route to the Chateau
Posts 2,199
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Re: Please help.......insurance quandry
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| Bob T wrote: | I have been watching this thread with interest as I never believed that the UK police would, or could, arrest anyone without good reason and would never get them to court either.
I can now see cracks appearing. Why would six police cars turn up to arrest someone? They must have had good reason to send six as they would not have all been there at the same time for a routine check. I cannot imagine the cash strapped UK police calling for backup because someone has suspect insurance documentation.
Refusing to give an address where one is staying, having told the police that one is working temporary, is an arrestable offence in itself.
I am sure that if the person arrested is guilty of nothing then there will be no problem and everything will be fine in the end.
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He wouldn`t have refused to give an address , he hasn`t got a UK address to give! Sometimes I have stuff sent to my Dads that cannot be sent to France...they are then picked up by whoever goes to the UK first, if it is Outie, he may cadge a bed and use of the washer , but it would not be fair to say it was his UK address as it is not.
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18/05/2008, 16:37
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cassis
Joined on 28/12/2007
Manhattan and Glasgow
Posts 662
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Re: Please help.......insurance quandry
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I don't understand. Would he not have had an address where he had been staying while working?
Zoggy played guitar, jammin' good with Weird and Golly.
Lyrics copyright Sausage Music 2008
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18/05/2008, 16:38
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opas
Joined on 23/08/2004
catalonia, top of the hill en route to the Chateau
Posts 2,199
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Re: Please help.......insurance quandry
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| Boiling a frog wrote: | |
My sympathy for the OP has now somewhat diminished following the revalation that the husband appears to have resisted arrest and that an assistance call by the original officer resulted in 6 police cars turning up.
I am afraid that I can never find any justification for resisting arrest and neither can the courts
That I suspect is the real reason he remains in custody.
Perhaps if the OP had revealed all the facts to start with then appropriate advice would have been given but I feel somewhat put apon having wasted time searching for information and giving advice without the true facts being revealed
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Well sorry to have wasted your time!
I think even I would have thought it was a joke if I was told that I was under arrest for not having valid insurance when I knew I had. I couldn`t beleive it myself this morning when I was told.
Mr O is no spring chicken you know, he will be 47 next week and is an unfit16 stone (he doesn`t sound too apealing when put like that) I cannot see why it would take more than 3/4 people to handle him.
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Come on be serious , would you go willingly and say it is a fair cop, when it is not?
The real reason as given to me for him being there is because the green card insurance is not valid.
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18/05/2008, 16:50
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Bob T
Joined on 05/10/2006
Dordogne
Posts 1,009
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Re: Please help.......insurance quandry
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| opas wrote: | |
Mr O is no spring chicken you know, he will be 47 next week and is an unfit16 stone (he doesn`t sound too apealing when put like that) I cannot see why it would take more than 3/4 people to handle him.
The real reason as given to me for him being there is because the insurance is not valid. |
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I cannot see why it should take more than one person to handle him, or even ask him to come with them. Being stopped under the suspision of not having valid insurance is one thing. Then to refuse to give an address in the UK where you were staying and on top of that needing backup to be called would indicate to me that you do not know all the facts. I am sure that the court will be given them in the morning and it will all be sorted out. I realise that you are finding things very difficult, and you have my sympathies, but the facts will come out in the end and worrying about it will not help you or your husband.
Bob T 24
http://bikesindordogne.blogspot.com/
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18/05/2008, 17:05
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cooperlola
Joined on 05/05/2006
72 - Sarthe - home of les 24 heures du Mans
Posts 6,554
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Re: Please help.......insurance quandry
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I'm sure that Bob is right, although I know that it is more difficult than it sounds not to panic in these situations!
Immediately, I would try to establish who the solicitor is who will go to court with him, and make sure they're aware of all the legislation which has been posted, which pertains to EU regs - I can't see that they will be upset, if you help to push them in the right direction re research.
Whether or not there was more to this than meets the eye is another matter, and none of my business, but the solicitor should, to my mind, be your best method of sorting this out. They - however inexperienced - are at least on the spot and will get the facts from the horse's mouth.
Healthcare Issues Site
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18/05/2008, 17:08
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opas
Joined on 23/08/2004
catalonia, top of the hill en route to the Chateau
Posts 2,199
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Re: Please help.......insurance quandry
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I really hope that the court listens in the morning.
He has not been staying at an address, how many more times do I have to say that! He has visited my dad a couple of times and may have stayed the odd night. If he was staying in a formula 1 or the UK equivalent, that would not be classed as his home either would it?
he is a trucker, he has been doing what is known in the trade as tramping.......meaning he is out all week sleeping in his wagon. No he cannot work 7 sur 7 but if the waggon is not being used , or is waiting to be loaded, there is no reason why he cannot sleep in it!
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France Forum » Living » Driving » Re: Please help.......insurance quandry
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