braking and entering by police

[Batista230]

The other day I was a sleep in the back of my van
I was awoken by the sound of glass smashing; with out knocking the police smashed one of the windows of my van van
The reason they said they did it because someone had reported to them that someone had comited suiside in the van because they saw a large extraction pipe inside the cab of the van

If the police had of knocked they would of got a responce
Are they under any legal obligation to repair the damage?

Thanks
Batista230

[charitynjw]

Re: braking and entering by police

Syed v DPP (2010)

1. The power upon which the officers were relying is contained in section 17(1)(e) of the Police and Criminal Evidence Act 1984. That provides as follows:
   "Subject to the following provisions of this section, and without prejudice to any other enactment, a constable may enter and search any premises for the purpose-
   ...
   (e) of saving life or limb or preventing serious damage to property."

[des8]

Re: braking and entering by police

So the police answered a welfare call and broke in without first carrying out adequate checks.
IMO you should be asking for them to pay for the damage.

here's an in depth article into the matter of forced entry by police which should give you some pointers http://www.charitybags.org.uk/forced...out-the-police

[Batista230]

Re: braking and entering by police

OK thanks for those links you provided

I have been to the police station and regarding compensation I was told I need to write to there legal team
Regarding making a complaint; I have done so and someone will phone me up in the next few days to process it. Again thanks for the above links and my complaints are as follows

Dissatisfaction with the adequacy of the checks done before forced entry

1. I was asleep in the rear of my van at the time and was awoken by the sound of my window being smashed; if the officers had of knocked on the side of the van I would of awoken and replied to there call.
However it was noted by the police that the witness tried knocking of my van several times and got no answer; this is simply not true! The witness was on a motor bike and I was awoken by him reviewing his engine near by my van and as I opened the side loader door he drove off; regardless of this information the police where told by this member of the public I would expect then to proceed with caution and not to shoot first ask questions later!

2. After the event happened the officers decided to run checks out on myself confirming my name and the vehicle I drive and where I was parked; as I heared over the police radio it stated that I had been at the same place before with this same vehicle and I was hear because I work at the tescos site next door and was resting in between shifts. In fact if the officers had made these checks prior to all this then they would of know who I am. Please note for the sake of record keeping I am the registered keeper of the van and I would presume the witness who spotted me and reported this to the police (I presume) would of given my registration details

3. it was noted that the witness said there was pipes coming from my exhaust pipe to the inside of my van. Again this is simply not true!
I have a 5" pipe that comes from my log burner and a 2 1/2" pipe which comes from my gas heater which are both in the cargo compartment of the van and are not visible, and both pipes pass through a small hole in the head board of the van and enter into the cab of the van next to the passenger window (and the pipes go out the window when in use). If the police had done a walk around check of the van they would of found no pipes coming from the exhaust pipe of the van that lead into the van it self like the witness stated.


Dissatisfaction with the method of entry (and the degree of damage caused)

1. It was clear from the outside of the van that there was no one inside the cab of the van and the van is partitioned off into two part separating the cab from the cargo compartment with a head board. The officer decided to smash the driver side main window of the cab and because of the head board there is no possible was the officers could of gained access to the cargo compartment of the van. The only way they could of gained access to the cargo compartment of the van would of been for them to brake open the side loader door or the rear door. Therefore smashing the drivers side window was completely pointless

2. The officer decided to smash the larger window that winds up and down. The officer would of caused less damage and still of been able to gain access to the cab of the van if he had smashed the quarter panel glass

3. I did not hear the officers try to open the rear doors of the van by the handles in the event that the van was unlocked, in fact I did not hear than attempt to open any doors and as of such they may of been able to gain access by opening an unlocked door instead of forcing entry
But I do not recall if the van was locked or unlocked

Dissatisfaction with the attitude of the officers - courtesy, empathy, helpfulness etc (customer service)

This will have no effect on my claim for compensation only my complaint. But everytime I mentioned my dissatisfaction to the police officers about what they had done (see above) they keeped changing the subject and try to pass blame onto me about why they had done this. Things like although I live in Kendal I am not supposed to be sleeping in my van while I am working down hear and I should have residency in the area. And I was told by the officers that I need to leave the area straight away. Although I don't have permission from the land owners to be there and there is a sing up on the road side that states private property I don't believe the officers are in any position to tell me to move on as the land owner them self have not asked the police to move me on. and there are many other people who use this land for recreation. including the witness and even your self the police force for walking the police dogs.

So if I write to the legal team; do I have any legal rights to claim compensation?

[des8]

Re: braking and entering by police

IMO yes!

Regardless of any red herrings they put up, the police do not appear to have carried out adequate checks.
They seem to have caused unnecessary damage by 1) breaking a window, and 2) not even tried to minimise the damage by breaking the smallest windowavailable if breaking a window had been a sensible procedure in the first place!

[Batista230]

Re: braking and entering by police

OK then I have put my complaint into the police but regarding compensation I was advised to write to there legal team in Hull
I am unsure of what to put in my letter because I am unsure of my legal rights if I have a case for a claim or not
But this is the email I received from the sargent who is dealing with the complaint

PSB will only deal with alleged misconduct by the officers involved. You have alleged excessive use of powers and dishonesty.

In terms of compensation, they cannot deal with that. To remedy that it has to be addressed in writing to Legal Services Department, Priory Road Police Station, Priory Road, Hull, HU55SF. I am sorry that there is no email address so any communication has to be via the post. My advice would be to send it registered post and to keep a copy of your letter.

I hope that this is of help,

Graeme

[Batista230]

Re: braking and entering by police

It has been over a week now and I have not hered back from the police complaints department yet.
I am going to write my letter to the legal claims department for my compensation over the next few days; dose anyone know what I should put in the letter please?

[des8]

Re: braking and entering by police

A simple letter saying that this is a claim for compensaton following the unnecessary damage to your vehicle caused by officers as outlined in your complaint (of which you enclose a copy)
Tell them how much you require to have the damage repaired (enclose quote from garage), plus any other costs you have encountered and a tangible recognition of the distress caused to you.

[Batista230]

Re: braking and entering by police

A simple letter saying that this is a claim for compensaton following the unnecessary damage to your vehicle caused by officers as outlined in your complaint (of which you enclose a copy)
Tell them how much you require to have the damage repaired (enclose quote from garage), plus any other costs you have encountered and a tangible recognition of the distress caused to you.

So I have typed my letter; anything ells you think I should add?

Thanks
Batista230

Re: Claim for compensation, police complaint log number xxxxx
Dear Sirs
I am making a claim for compensation for complaint number xxx and incident number xxx for braking and entering into my van which was done by one of your officer
The officer gained access to the van by smashing the side window and the officer forced entry because he believe someone life was in danger (however this was not the case)
and I believe the damaged caused by this officer was completely unnecessary
My complaint to the police force is as follows

Dissatisfaction with the adequacy of the checks done before forced entry
1. I was asleep in the rear of my van at the time and was awoken by the sound of my window being smashed; if the officers had of knocked on the side of the van I would of awoken and replied to there call.
However it was noted by the police that the witness tried knocking of my van several times and got no answer; this is simply not true! The witness was on a motor bike and I was awoken by him reviewing his engine near by my van and as I opened the side loader door he drove off; regardless of this information the police where told by this member of the public I would expect then to proceed with caution and not to shoot first ask questions later!
2. After the event happened the officers decided to run checks out on myself confirming my name and the vehicle I drive and where I was parked; as I heared over the police radio it stated that I had been at the same place before with this same vehicle and I was hear because I work at the tescos site next door and was resting in between shifts. In fact if the officers had made these checks prior to all this then they would of know who I am. Please note for the sake of record keeping I am the registered keeper of the van and I would presume the witness who spotted me and reported this to the police (I presume) would of given my registration details
3. it was noted that the witness said there was pipes coming from my exhaust pipe to the inside of my van. Again this is simply not true!
I have a 5" pipe that comes from my log burner and a 2 1/2" pipe which comes from my gas heater which are both in the cargo compartment of the van and are not visible, and both pipes pass through a small hole in the head board of the van and enter into the cab of the van next to the passenger window (and the pipes go out the window when in use). If the police had done a walk around check of the van they would of found no pipes coming from the exhaust pipe of the van that lead into the van it self like the witness stated.

Dissatisfaction with the method of entry (and the degree of damage caused)
1. It was clear from the outside of the van that there was no one inside the cab of the van and the van is partitioned off into two part separating the cab from the cargo compartment with a head board. The officer decided to smash the driver side main window of the cab and because of the head board there is no possible was the officers could of gained access to the cargo compartment of the van. The only way they could of gained access to the cargo compartment of the van would of been for them to brake open the side loader door or the rear door. Therefore smashing the drivers side window was completely pointless
2. The officer decided to smash the larger window that winds up and down. The officer would of caused less damage and still of been able to gain access to the cab of the van if he had smashed the quarter panel glass
3. I did not hear the officers try to open the rear doors of the van by the handles in the event that the van was unlocked, in fact I did not hear than attempt to open any doors and as of such they may of been able to gain access by opening an unlocked door instead of forcing entry
But I do not recall if the van was locked or unlocked

It has cost me £85 to have a new window fitted (please see a copy of the invoice) and this has caused a lot of distress
And as the damaged was completely unnecessary I would ask that you compensate me for my financial losses

[des8]

Re: braking and entering by police

So I have typed my letter; anything ells you think I should add?

Thanks
Batista230

Re: Claim for compensation, police complaint log number xxxxx
Dear Sirs
I am making a claim for compensation regarding complaint number xxx and incident number xxx for breaking and entering into my van which was done by one of your officers
The officer gained access to the van by smashing the side window and the officer forced entry because he believe someone's life was in danger (however this was not the case)
and I believe the damaged caused by this officer was completely unnecessary
My complaint to the police force is as follows

Dissatisfaction with the adequacy of the checks done before forced entry
1. I was asleep in the rear of my van at the time and was awoken by the sound of my window being smashed; if the officers had knocked on the side of the van I would have awoken and replied to their call.
However it was noted by the police that the witness (who had alerted them to a potential problem) tried knocking of my van several times and got no answer; this is simply not true! The witness was on a motor bike and I was awoken by him revving his engine near by my van and as I opened the side loader door he drove off; regardless of this information given to the police by this member of the public I would expect then to proceed with caution and not to shoot first ask questions later!
2. After the event happened the officers decided to run checks out on myself confirming my name and the vehicle I drive and where I was parked; as I heard over the police radio it stated that I had been at the same place before with this same vehicle and I was there because I work at the tescos site next door and was resting in between shifts. In fact if the officers had made these checks prior to all this then they would have known who I am. Please note for the sake of record keeping I am the registered keeper of the van and I would presume the witness who spotted me and reported this to the police (I presume) would have given my registration details
3. it was noted that the witness said there were pipes coming from my exhaust pipe to the inside of my van. Again this is simply not true!
I have a 5" pipe that comes from my log burner and a 2 1/2" pipe which comes from my gas heater which are both in the cargo compartment of the van and are not visible, and both pipes pass through a small hole in the head board of the van and enter into the cab of the van next to the passenger window (and the pipes go out the window when in use). If the police had done a walk around check of the van they would have seen no pipes coming from the exhaust pipe of the van that lead into the van it self like the witness stated.

Dissatisfaction with the method of entry (and the degree of damage caused)
1. It was clear from the outside of the van that there was no one inside the cab of the van and the van is partitioned off into two part separating the cab from the cargo compartment with a head board. The officer decided to smash the driver side main window of the cab and because of the head board there is no possibility the officers could have gained access to the cargo compartment of the van. The only way they could have gained access to the cargo compartment of the van would have been for them to break open the side loader door or the rear door. Therefore smashing the drivers side window was completely pointless
2. The officer decided to smash the larger window that winds up and down. The officer would have caused less damage and still have been able to gain access to the cab of the van if he had smashed the quarter panel glass
3. I did not hear the officers try to open the rear doors of the van by the handles to see if the van was unlocked, in fact I did not hear any attempt to open any doors. They should have tried to gain access first by opening an unlocked door instead of forcing entry.
XXBut I do not recall if the van was locked or unlocked (omit this last sentence as it invites the police to say they tried the doors which were locked so they had to breaK IN!)

It has cost me £85 to have a new window fitted (please see a copy of the invoice) and this has caused a lot of distress
And as the damaged was completely unnecessary I would ask that you compensate me for my financial losses

Seems fine to me, but have indicated in red some minor amendments and corrections