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Re: somewhat hypothetical situation - what next

Posted: Tue Jul 28, 2015 6:38 pm
by Sim G
Firstly, get an estimate for the damage to be repaired. Write to the Chief Constable outlining the damage caused and the costs of repair. CC the Policecand a Crime Commisioner. Await their replies. If replies not satisfactory, instruct a solicitor to sue the PCC and Ch Con.

Re: somewhat hypothetical situation - what next

Posted: Tue Jul 28, 2015 7:24 pm
by Gaz
Wot Sim said. Get a reputable gunsmith to estimate the guns' value and the cost of repair, or replacement in the case of the one the police destroyed (exactly how do you snap a bolt arm off without intending to destroy it? That sounds deliberate, which would be criminal damage)

Read the Home Office Guidance. When the police seized your guns, they should have given you a receipt. If they failed to do that, you can use that as leverage against them. They've screwed up, exploit that. The Chief Constable is liable for damage caused to guns seized under such circumstances.

Did the police have a warrant? They may have acted unlawfully if they rocked up mob-handed without one and ordered you to give them your property without lawful authority. If they didn't have a valid warrant (check the date, address, your name, the criminal offences you were alleged to have committed in order for them to get the warrant rubber-stamped at court... all of these little details are important) you should be able to turn this to your advantage.

Hire a solicitor. At this stage you want one specialising in civil law. Get him to write your legal letters. Your desired end state is a large sum of money for the time, inconvenience and expense of hiring a legal rep and having your property restored to its rightful condition by a specialist gunsmith.

When the police ignore you, or stall, or otherwise fail to co-operate, go to your local paper. Police PR managers hate local newspapers, especially when they publish stories about police screwing over law-abiding people. For some reason police forces seem to react more strongly to publicity than anything else, so this may well produce results.

Consider the small claims court. Provided the total damage is under £5,000, you should be able to lodge a claim against the PCC and/or chief constable fairly easily. Police fear trials where they are the defendants. They are likely to settle out of court (=£££) if you can prove the damage was caused when the guns were with them.

Re: somewhat hypothetical situation - what next

Posted: Tue Jul 28, 2015 7:31 pm
by RDC
Sixshot6 wrote:
bradaz11 wrote:recruiting cherie blair might be out of the theoretical price range.
Your theoretical friend has kept documentation showing the condition of his guns before the police handled them? If so that's the first step. Next step is what everyone else says Brad.
Who honestly takes numerous photos of their firearms showing condition every single time they put them away into the cabinet?

Re: somewhat hypothetical situation - what next

Posted: Tue Jul 28, 2015 7:34 pm
by meles meles
Given that, statistically speaking, FAC holders are amongst the most law abiding of Her Maj's subjects, do they need photos ? Isn't the word of an English ooman good enough ?

Re: somewhat hypothetical situation - what next

Posted: Wed Jul 29, 2015 4:13 am
by Robert303
Photo the damage. Get an estimate of the damage in Financial terms. Write to Chief Constable making complaint and asking for compensation. Make it clear that you are giving him a chance BEFORE you raise hell with the IPCC / MP / Home Secretary / Press etc. Be ready to raise hell using lawyer if necessary. If damage is under £3000 use the small claims court.

Re: somewhat hypothetical situation - what next

Posted: Wed Jul 29, 2015 6:25 am
by Marmite5
Not a good tale, hope it all works out for the guy.

Re: somewhat hypothetical situation - what next

Posted: Wed Jul 29, 2015 6:32 am
by dromia
I thought it was just a hypothetical situation.

Re: somewhat hypothetical situation - what next

Posted: Wed Jul 29, 2015 6:36 am
by bradaz11
dromia wrote:I thought it was just a hypothetical situation.
yes it is, for now...

Re: somewhat hypothetical situation - what next

Posted: Wed Jul 29, 2015 7:17 am
by Blackstuff
RDC wrote:
Sixshot6 wrote:
bradaz11 wrote:recruiting cherie blair might be out of the theoretical price range.
Your theoretical friend has kept documentation showing the condition of his guns before the police handled them? If so that's the first step. Next step is what everyone else says Brad.
Who honestly takes numerous photos of their firearms showing condition every single time they put them away into the cabinet?
You don't need to do it every single time but you should have fairly 'up to date' photographs of all of your guns if only for insurance purposes alone, and of course for gun porn O:-)

Re: somewhat hypothetical situation - what next

Posted: Wed Jul 29, 2015 7:28 am
by James K
Could be bad if not hypothetical, what made you think of it?