hHELP - maybe charged with a crime I did not commit

Yardbent

Yardbent

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John
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police visited last night - there was a £70 fuel ''drive-away'' in my local Sainsburys with a silver Vectra about 5:30pm one evening last month

staff reviewed CCTV said ''it's that local taxi driver - although he usually puts in £20 per day for his shift''

police then questioned me about duplicate plates as they did not match my car

me.....''that's cos it's NOT my car''...........:bang:

taxi and CCTV inspected - and Police agree it is NOT my car BUT Sainsburys staff still say it was me......IMPOSSIBLE

On that day [23rd] I worked in Cambuslang [30 mins away] from noon till 4.30 approx

and have a MorrisonS Cambuslang petrol receipt for £30 at 4:32pm
which i showed to Strathaven Police Station this evening...they hinted the offence was about 5:30 so my receipt is not PROOF

Officer very helpful BUT says '''if staff say they can positively identify you, REGARDLESS OF IT'S NOT YOUR VEHICLE I will have to charge you''

WHAT THE HELL DO I DO .....:help:
 
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John. What a pain this is but I cant see how there is any chance of you being convicted for it so try not to stress yourself out too much about it. Sounds like there is no case to answer at all- especially as it was different registration. Even if police reckon they would have to charge you it would never get to court. Seems ridiculous to me.Hope it gets sorted soon.
 
Why on earth would staff at your local store think a local and regular customer would drive away without paying? especially an amount you would not normally buy.

As Andy says though, get proper legal advice.
 
John, are you with the AA, if so have you got legal cover if you have use it.

I used them in 1993 and was told that I could get sent down or a lengthy ban for doing 100mph on the A1 in Grantham.

Due to extenuating circumstances I got a £28 fine and 3 points. I was a very LUCKY man.
 
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It doesn't matter whether Sainsbury's think it's your car or not, in Scotland it's up to the Police to bring charges, so if they are happy it's not your car then I wouldn't worry about it.

Doesn't your car have front and back taxi plates that would identify it anyway?

Pop into a solicitor and get have a chat, just to be on the safe side though...
 
Flash In The Pan said:
It doesn't matter whether Sainsbury's think it's your car or not, in Scotland it's up to the Police to bring charges, so if they are happy it's not your car then I wouldn't worry about it.

Doesn't your car have front and back taxi plates that would identify it anyway?...........................YES NOT MY CAR

Pop into a solicitor and get have a chat, just to be on the safe side though...
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thanks all.....yes it's a bit of a panic ATM

Graham...yes Scottish law is different

the Officer explained to me that REGARDLESS of the fact it was not my car, IF the staff say it was me, then I can be charged

ATM I have no proof of where I was at the time

tomorrow I will ask my company for a computer print-out of my locations during the day - unfortunately I finished at 4:30 PM

the ONE question he would not answer was..........
'' well, if you know the reg of the vehicle doing the 'drive-away' - have you questioned the owner..?

this I do NOT understand...surely the OWNER of the vehicle should be questioned....:shrug:
 
Yardbent said:
....and have a MorrisonS Cambuslang petrol receipt for £30 at 4:32pm which i showed to Strathaven Police Station this evening...they hinted the offence was about 5:30 so my receipt is not PROOF
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Also would your car have taken another £70 of petrol after filling up with £30 earlier?.
 
Where were you at 5.30 and can anyone verify it?
 
Yardbent said:
the ONE question he would not answer was..........
'' well, if you know the reg of the vehicle doing the 'drive-away' - have you questioned the owner..?
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That, and the fact they've questioned you at all, would suggest that the plates on the actual car involved don't pertain to a silver Vectra.

What puzzles me though is, the driver must be on cctv filling the car up, so unless it's someone that bears more than a passing resemblance to you then their going to get laughed at by the PF's office if they try and take it to court.

To be honest I woldn't pay too much heed to what the woodentop on desk duty at a backwater station says, a lot of them are woefully ill informed when it comes to the law.
 
Quote: Officer explained to me that REGARDLESS of the fact it was not my car, IF the staff say it was me, then I can be charged


What a load of Bull! If that was the case we would all be in prison.
 
I suggest let them charge you and take you to court..it will be no reflection on you as you haven't be convicted. When the CCTV is shown and it shows that it is not you..then point proved! Whatever you do, don't bend to the pressure of taking a Warning/Caution to speed things up and not having to go through the 'indignity' of court!
 
AFC said:
Also would your car have taken another £70 of petrol after filling up with £30 earlier?.
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no you mis-read ...............the £70 went into ANOTHER car...not my taxi

which the Police say i could have driven.....:cuckoo:

FFS ............I dont even know anybody locally, let alone drive their car

it's a totally crazy situation
 
Flash In The Pan said:
That, and the fact they've questioned you at all, would suggest that the plates on the actual car involved don't pertain to a silver Vectra......PROB TRUE ...HENCE THE 'DRIVE -AWAY'

What puzzles me though is, the driver must be on cctv filling the car up, so unless it's someone that bears more than a passing resemblance to you then their going to get laughed at by the PF's office if they try and take it to court.

UNFORTUNATELY THE oFFICER SAID ''LOOKS 90% LIKE YOU, EVEN TO THE BASBALL CAP''

To be honest I woldn't pay too much heed to what the woodentop on desk duty at a backwater station says, a lot of them are woefully ill informed when it comes to the law....CANNOT TAKE THE RISK...
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The Greek said:
Quote: Officer explained to me that REGARDLESS of the fact it was not my car, IF the staff say it was me, then I can be charged

What a load of Bull! If that was the case we would all be in prison.
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WELCOME TO SCOTLAND.....:lol:

sorry - seem to have a case of caps-lock
 
Yardbent said:
no you mis-read ...............the £70 went into ANOTHER car...not my taxi

which the Police say i could have driven.....:cuckoo:

FFS ............I dont even know anybody locally, let alone drive their car

it's a totally crazy situation
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John what I am saying is, if you put £30 of petrol in your car, would you have then been able to have put another £70 of petrol in an hour later.

So if your tank was say half full then there would be no way you could have put £70 in so therefore how could it have been you, because the tank wouldn't have been able to take it.
 
Grayman said:
I suggest let them charge you and take you to court..it will be no reflection on you as you haven't be convicted. When the CCTV is shown and it shows that it is not you..then point proved! Whatever you do, don't bend to the pressure of taking a Warning/Caution to speed things up and not having to go through the 'indignity' of court!
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thanks....i asked this evening if i could see the CCTV to point out errors

answer....no ...but your lawyer can......i cannot afford one..........:thumbsdown:
 
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Mobile phone records? If you took your phone out with you then that would give a rough location of where you were.

If the police could be bothered to trace the owner of the car with those plates they could then check their mobile records to see where they were.

You need proper legal advice. Being charged with a crime you didn't commit is one thing. Being convicted of it is entirely another. ID on people from witnesses is notoriously inaccurate. If the guy that did do the drive off did look like even a bit like you they'll have put two and two together and got five.
 
Your best bet is stop asking for advice onthe internet and seek the help of a professional. There's plenty of us willing to give you advice but it's not what most of us do for a living!
 
srichards said:
Mobile phone records? If you took your phone out with you then that would give a rough location of where you were.

If the police could be bothered to trace the owner of the car with those plates they could then check their mobile records to see where they were.

You need proper legal advice. Being charged with a crime you didn't commit is one thing. Being convicted of it is entirely another. ID on people from witnesses is notoriously inaccurate. If the guy that did do the drive off did look like even a bit like you they'll have put two and two together and got five.
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no mobile phone in taxi

as graham said ...prob false plates

will see legal aid asap tomorrow.........thanks
 
SparkUK said:
Your best bet is stop asking for advice onthe internet and seek the help of a professional. There's plenty of us willing to give you advice but it's not what most of us do for a living!
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appreciate that ...just need to talk...........:shake:
 
AFC said:
John what I am saying is, if you put £30 of petrol in your car, would you have then been able to have put another £70 of petrol in an hour later.

So if your tank was say half full then there would be no way you could have put £70 in so therefore how could it have been you, because the tank wouldn't have been able to take it.
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Martin ...there are TWO cars ....:lol:
 
Yardbent said:
appreciate that ...just need to talk...........:shake:
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John, that's fair enough, just be mindful that people will be helpful but really what you need is a solicitor.

So is your taxi hackney or private hire?
 
John,

Maybe I am being thick, but can you clarify for me if the plates on the silver vectra that drove away were exactly the same reg no as yours? If not - case over.

If they were, does your vehicle (or the other vehicle) have any distinguishing marks / dings / bumps / dents / stickers / signs etc.............. If so, and they are different, then case over.

Failing that, is their CCTV good enough to read the tax disc? Chances of it being the same month?

without concrete evidence that it was you (and I am sure it wasn't) I don't see how they can successfully press charges. Isn't it innocent until proven guilty...? Or is it all differnt north of Hadrians? (I know you have that strange one of "not proven" which in my mind equates to "we all know you did but we can't prove it!"
 
I wouldn't worry too much John. This sounds like a comedy of errors, Uncorroborated evidence from witnesses seems to be all they have and I'd be amazed if they based a prosecution just on that. Identification evidence is always very suspect and often unreliable.
 
Yardbent said:
thanks....i asked this evening if i could see the CCTV to point out errors

answer....no ...but your lawyer can......i cannot afford one..........:thumbsdown:
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Say that at this point in time you are representing yourself, so as your own legal representative, would like to see the tape.
 
Yardbent said:
thanks....i asked this evening if i could see the CCTV to point out errors

answer....no ...but your lawyer can......i cannot afford one..........:thumbsdown:
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Don't know how much Scotland differs from England, but surely you would get free legal representation if you have to go to court?
 
was the petrol paid for by cash or on card? I cannot see if this has been answered. If card and a chip and pin then if not in your name would be very difficult to say its you.

crap situation! sorry to hear of it.
 
Lynton, the issue isn't with the car here, the staff say it was HIM.... the car doesn't come into it. It didn't have the same plates on as his car, the staff have said that it was HIM in another car.
 
Yardbent said:
thanks....i asked this evening if i could see the CCTV to point out errors

answer....no ...but your lawyer can......i cannot afford one..........:thumbsdown:
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Hey, everyone has the right to legal representation in court, either paid for, or pro bono (cit's advice down here in the sarth)

Just re read the threads, and if I am now correct, Sainsburys seem to think that you were driving A.N. Others car and did a £70 drive off petrol jobbie?

Is it a case of they think you drove a mates car, filled up and drove off, or a (poorly) cloned car similar to yours filled and left.
 
seashaker said:
was the petrol paid for by cash or on card? I cannot see if this has been answered. If card and a chip and pin then if not in your name would be very difficult to say its you.

crap situation! sorry to hear of it.
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Why would the police be involved iif the fuel had been paid for??
 
What you need to do John is nothing!

You've explained your version of events - just keep your gob shut and let the cops get on with it. If they ask you to attend the nick or should you be arrested (unlikely) get a solicitor to be present at any interview. You'll be entitled to legal aid and the services of the duty solicitor.

I'm sure however it's going to fizzle out to nothing. ;)
 
Yardbent said:
Martin ...there are TWO cars ....:lol:
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John I know there are two cars.

What I am trying to say is....car 'A' the thieves car with your number plates goes into a garage and fills up with £70 of petrol, which would fill most cars.

You fill your taxi up - car 'B' - with £30 of petrol which is approx just under half a tank of petrol and 1 hour later you supposedly fill up your taxi with £70 of petrol.

If your taxi was already approx half full of petrol, how could you have supposedly got £70 of petrol in your taxi.

So the only answer is you couldn't but the thieves in car 'A' could because their tank was empty.
 
I'd make a point of not getting petrol from sainsburys again.
 
Lynton said:
John,

Maybe I am being thick, but can you clarify for me if the plates on the silver vectra that drove away were exactly the same reg no as yours? If not - case over. ..................
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believe it or not ...the police have CATEGORICALLY stated it is NOT my car BUT if the forecourt attendants say it was ME filling the tank, they can press charges ...CRAZY
 
Lynton said:
Hey, everyone has the right to legal representation in court, either paid for, or pro bono (cit's advice down here in the sarth)

Just re read the threads, and if I am now correct, Sainsburys seem to think that you were driving A.N. Others car and did a £70 drive off petrol jobbie?

Is it a case of they think you drove a mates car, filled up and drove off, or a (poorly) cloned car similar to yours filled and left.
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YES ...the police do not think it was my taxi just that i filled up another car with £70
 
so is the car in the pic similar to yours, i.e. a silver vectra, or do they think it was you filling up a I dunno blue peugoet............. (i.e. a mates car)

Seems a load of cojones to me, from a legal side of things..........

Surely evidence is needed to press charges.. CPS and all that...... I am missing this at the moment......
 
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