Advice needed - Bike seized

[ianrauk]

just pointing out a refusal and an "arrest me instead" might not work out to well!

In what way and for whom?

As others have said. There would be no way I would let anyone, even the police take a bike off me when owned 100% by myself.
You would have to arrest me as I would kick up a mighty fuss. I will then supply proof that the bike is mine and the police would have to issue an almighty apology.

 

[Gravity Aided]

At least in the States, making false accusations tends to carry civil penalties, if you really wanted to take a chance on Chancery. The problem here is with the fellows who initially detained you and your cycle, made false accusations based on less than reasonable suspicions to the police, and claimed before civil authorities that you were a thief. Your problem is with the accusers, not the police.

 

[DaveReading]

Your problem is with the accusers, not the police.

Yes, but the police telling the accusers that no action will be taken doesn't solve the OP's problem - he still has 3 blokes gunning for him claiming he's a bike thief.

 

[Pale Rider]

In what way and for whom?

As others have said. There would be no way I would let anyone, even the police take a bike off me when owned 100% by myself.
You would have to arrest me as I would kick up a mighty fuss. I will then supply proof that the bike is mine and the police would have to issue an almighty apology.

A skilled copper could easily lead an angry cyclist into committing a public order offence.

Standing your ground is one thing, but it's all too easy to overstep the mark - particularly when the copper is waiting for you to do it.

You may have the necessary self control and be able to be forceful enough without getting into more trouble.

It's not something I would attempt.

Lack of experience is also a problem.

For the cyclist, it's probably the first time he has been in that situation with a police officer.

On the other hand, the officer may have dealt with hundreds of members of the public in various states of disgruntlement..

Thus the cyclist starts at a disadvantage.

 

[ianrauk]

Well stand my ground I would. I would simply not allow the cops to 1: take my bike 2: goad me into any offence.
They would just have to arrest me for not giving up my bike. Any fuzz worth his salt would see and understand why I would be so angry at the situation and ask me to bring the bike and proof to the cop shop or take me home to get proof that way.

But understand what you are saying. I have first hand experience of cops lying about stuff, they will do so if they think they could get away with it.

 

[phil_hg_uk]

Well stand my ground I would. I would simply not allow the cops to 1: take my bike 2: goad me into any offence.
They would just have to arrest me for not giving up my bike. Any fuzz worth his salt would see and understand why I would be so angry at the situation and ask me to bring the bike and proof to the cop shop or take me home to get proof that way.

But understand what you are saying. I have first hand experience of cops lying about stuff, they will do so if they think they could get away with it.

Totally agree, to simply take away someones transport based on nothing is unacceptable. I mean if I came up to someone and said excuse me sir that is my car would they take that persons car away without establishing proof of ownership. As far as I can see they should have taken the op home and got him to prove his identity and taken it from there.

I can see the other side of the coin where I come across someone riding a bike that i believe was stolen from me, I wouldn't expect them to take my word for it I would expect them to get the person to prove who he was and then how he came to be in possession of the bike.

 

[jefmcg]

Re-reading the original posting, by the time the cops were involved, the bike was in the hands of the three assailants. So if the cops took no action, the OP would have had his bike "stolen"

 

[simpso]

Latest update. Can't get in touch with the officer looking after this.
101 advised that they will call me and to basically wait.
Hopefully get a call soon so I can move this on.

 

[classic33]

Latest update. Can't get in touch with the officer looking after this.
101 advised that they will call me and to basically wait.
Hopefully get a call soon so I can move this on.

I wouldn't wait. Contact the force that took the bike off you and if the BTP were involved at any stage contact them as well.

 

[simpso]

I wouldn't wait. Contact the force that took the bike off you and if the BTP were involved at any stage contact them as well.

I've tried the local station number on Google but that just goes back to a central number where they say I need to speak to this officer.
Btp just says West mids police are dealing with that case. Can't seem to get anywhere with anyone.

 

[Profpointy]

did you get a receipt or such from the officer?

 

[JMAG]

Time to make a complaint methinks.

 

[stephec]

It's all too easy to say what you would do in the same situation, but as @classic33 says, "hindsight is a wonderful thing."

The OP would have been quite happy walking along when he's confronted by three blokes demanding his bike, it's not unlikely that he might have thought there was a bit of violence coming up.

How many can honestly say they would be able to think logically?

I was once the victim of an attempted forceful begging/mugging attempt.

Luckily the guy delayed, and talked bollocks for long enough to loose the element of surprise, for me to get my shoot together and square up to him.

Eventually he backed off without the need for fisticuffs, until he was about twenty yards away when he started to tell me how lucky I was and what he would do to me next time, all whilst walking in the opposite direction

 

[classic33]

I've tried the local station number on Google but that just goes back to a central number where they say I need to speak to this officer.
Btp just says West mids police are dealing with that case. Can't seem to get anywhere with anyone.

Forget the freephone number, check for your nearest station and phone them. Ask for the name & number of the officer involved on the day.

The same for the local police. You need names & numbers. If asked why say force proceedure dictates that any Formal Complaint requires the details.

Your other option is to go down to the station where the bike is being held and ask to speak to the Duty Inspector, to make a formal complaint.

Gut feeling is that the bike is not in police hands.

 

[summerdays]

I the police have taken property off someone and then lost/misplaced it, and that individual can then prove they bought the same bike as they said at the time, what come back would an individual have?