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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20189
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hello. If an off duty Metropolitan Police officer wrongly

Resolved Question:

Hello.

If an 'off duty' Metropolitan Police officer wrongly claims in letters to have been adding dishonest things to your police file as a way of enforcing a demand for money is it possible to bring an action against the Met in tort?

Would it be fair to say that once a police officer starts to talk about police records he is placing himself on duty, and therefore the Met have vicarious liability for the wrongful conduct?
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

-Could you explain your situation a little more?

Customer: replied 1 year ago.

Sure. This man rented a house from me. He said he didn't like it and wanted to move to another property I have. I agreed and told him he would need to confirm in writing why he wasn't happy. He hit the roof on being asked to wite things down. He said it was old fashioned.


 


When I went into the house I found that he had wripped the wall paper off the wall and smashed a light fitting. Later, when I wanted payment for the second house he photographed what he had done, and said, if I asked for payment for services he would use the photographs to destroy my business (these images have been on tripadvisor for 7 months). He did all this in a frightening way in my home, and has been investigated for a public order offence. The police are considering wether or not his conduct amounted to blackmail.


 


A horrible experience.



I'd rather not pursue this guy personally as he is such a nasty piece of work, and was wondering if you can just go after the Met (it might be relevant to say that he was harrasing me for months after and some of the phone calls he admitted were "while he wasn't busy at work")

Customer: replied 1 year ago.

I should add that he attempted to take me to court using these photographs. Which I understand to be a common law criminal offence of fabricating evidence.

Customer: replied 1 year ago.

he also left, admiting that he owed money but saying I'd have to sue him to get it, which I understand to be making off without payment

Expert:  Jo C. replied 1 year ago.
Just to let you know, this clearly isn't really my area so I've passed it onto somebody else to see if they can offer more.

Customer: replied 1 year ago.
Not sure where this has got to....

Sorry to pester.
Expert:  Wendy-Mod replied 1 year ago.

Hi, I am a moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy

Customer: replied 1 year ago.
Please continue.
Expert:  Wendy-Mod replied 1 year ago.
Thank you for your patience. We will continue the search for a professional for you.

Regards,
Wendy
Expert:  Fran-mod replied 1 year ago.
Thank you for your patience, your business is very important to us, we are waiting on a professional with the right expertise to come online. Feel free to let us know if you would like us to continue searching for a professional or if you would like us to close your question. Thank you for your understanding!
Expert:  Stuart J replied 1 year ago.

I have been asked to look at this for you.

How far has the police complaint got?

What do you want to actually sue for? Money?

Customer: replied 1 year ago.
The police complaint is stalled and being handled badly (e.g. they are in default on their statutory obligation to keep the complainant informed every month). It might be becuse criminal charges are being considered by the CPS.

I was interested in money yes. I was wondering whether there is any cause of action for maybe negligence or vicarious liability for harrasment for the fact that adding or claiming to have added malicious entries to a police record is stressful and intrusive.

Expert:  Stuart J replied 1 year ago.




Vicarious
liability ends if the employee is "off on a frolic of his own" (they are,
believe it or not, the legal terms) so it would depend whether it was doing
this as an extension of his duty or not.

I think it is doubtful.



There is another
issue and that is the courts are reluctant to enforce financial claims against
the police if they do something wrong and therefore is most unlikely that this would
extend enforcing it against the police authority for conduct of one of the
officers in the officers private life..



I would make a
further complaint about their breach of statutory duty.



I assume that the
officer has been suspended meanwhile and if not, I would make a complaint about
that.



I think you have
a claim against the police officer in harassment but it gives you no more right
than it would against anyone else who was harassing you, and that is to have
the raster wall or, ultimately, prosecuted.



I'm going to be
brutally frank with you and tell you that I don't think you are going to get
any money for this other than compensation in respect of any criminal damage
and that will have to come from the culprit and not the police.



I think a claim
against the police will fail. Sorry, I appreciate this is not the answer you
wanted but there is no point in me misleading you.



Does that answer
the question.? Can I assist any further?



I am happy to
follow up any individual point you make



I am online and
off-line each day and most weekends.



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please ask. Thank you.


Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20189
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 3 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Lord Denning.

I had expected that to be honest. I was just outraged buy the behavior and concerned with the shocking amount of police misconduct and corruption since Plebgate.

That and the complacency of not seeming at that worried by a police officer fabricating evidence for a court.

I appreciate your time.
Expert:  Stuart J replied 1 year ago.
Glad to help. Regards

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