ACTIONS AGAINST POLICE, BLOG

What to Do if the Police Sting Your Car by Mistake

Below, we explore police stinger misuse, its potential impact and the steps we can take to help you achieve the best possible outcome for your case. Find out what to do if the police sting your car by mistake.

Stingers—also known as stinger devices or “spike strips”—may be deployed by the police in specific situations to apprehend drivers suspected of dangerous vehicular offences and other crimes. Their use is widespread across the Police forces in England and Wales, as is the application of Automatic Number Plate Recognition (ANPR) which is used to identify and track vehicles prior to deployment of a stinger.

However, these methods come with the very real risk of mistakes. These mistakes can, in turn, result in costly damage and personal injury.

If you believe that you have been the victim of police misconduct through the use of a stinger, you may well be entitled to compensation. Our solicitors at DPP Law are specialists in the representation of victims of wrongful arrest and the claiming of compensation for police errors.

What are stinger devices, and how are they meant to be used by the police?

Stingers are tyre deflation devices that can be extended across sections of road to stop vehicles and avoid the need for high-speed police pursuits. They feature strengthened hollow spikes to deflate tyres of all kinds, bringing vehicles on which they have been deployed to a halt.

While they are designed to serve as a controlled and safe method of stopping dangerous vehicles and preventing the escalation of hazardous situations, there are significant risks inherent in the deployment of stingers. These include injury to the driver and passengers of the car on which the stinger is used, and other road users. There is also the possibility of costly damage to the vehicles of innocent parties. To this end, it is vital that officers exercise caution and work with precision in circumstances of this kind.

According to guidelines presented by the UK College of Policing, in a section covering motorcycles and quad bikes, it is stated that the use of pre-emptive tactics—including tyre deflation devices—“may be proportionate and necessary to mitigate risk to the public, officers and subjects.” The guidelines state that “it is accepted that the pre-emptive use of tactics carries some risk… however, this risk is likely to be significantly lower than allowing the vehicle to be driven at speeds to avoid capture, regardless of the intention of the police to engage in a pursuit.”

The College presents the different phases of a police pursuit, explaining that tyre deflation systems are permitted to be used in the “initial phase” by “suitably qualified and authorised officers.” The “initial phase” describes the very start of a police pursuit, “before tactical resolution can be considered and actioned.”

How do police errors in handling cloned vehicle cases lead to harm?

To detect vehicles that are believed to be in use as part of criminal activity and to apprehend their drivers, the police forces of England and Wales employ Automatic Number Plate Recognition (ANPR).

ANPR cameras read the number plates of passing vehicles automatically, then use the information to search databases across the country for matches with vehicles of concern.

This technology offers a vital means of preventing crime. However, great care must be taken when using it, particularly given the rising number of “cloned” vehicles on the UK’s roads. The AA defines vehicle cloning as a circumstance in which a vehicle is “given the identity of another by replacing the number plates with those from an almost identical vehicle – same make, model and colour.”

In a recent case, solicitor Iain Gould represented an innocent family who had been mistakenly apprehended by the police through use of a stinger, resulting in whiplash injuries, bruising, and the need for extensive repairs to their vehicle.

Officers took this action due to the vehicle being flagged as cloned on their ANPR system. However, insufficient attention had been paid to the details: while it had indeed been cloned, the family’s car was the legitimate vehicle, and its previous owner had informed the DVLA of its sale to Gould’s clients. Additionally, the clone vehicle had clear identifying features—including a sunroof—that Gould’s clients’ car did not have.

According to Gould, the police force involved asserted that whilst there was no suspicion that the driver had committed any driving offence, “the officers had ‘reasonable grounds’ for suspecting the car was a ‘cloned’ vehicle. Although it was admitted that the officers had not made themselves known to the driver or attempted to get him to pull over by peaceful means, the force sought to argue that a ‘pre-emptive strike’ was justified in anticipation of the vehicle not stopping.

Notwithstanding the denial of liability, Gould was successful in procuring compensation for the family.

What rights do victims have when police misconduct occurs?

Taking actions against the police, whether in cases of cloned vehicle mistakes, use of stingers in error, or general police misconduct, can feel very daunting. However, if you believe that you have been treated in an unfair, unwarranted, and damaging way by the police, you have every right to apply for legal assistance and seek justice.

It is important to note that there are time limits when it comes to suing the police. From the date of the incident in question, you will usually have six years to claim for wrongful arrest or a breach of data protection. However, you will only have three years to make a personal injury claim—so we recommend acting as soon as possible.

Of course, it’s important to be sure whether you will be able to make a claim before you decide to set things in motion. If you believe that you have been a victim of an unlawful arrest, assault and battery, breach of data protection, discrimination (under the Equality Act), malicious prosecution, negligence or an unlawful stop and search, and you feel that sufficient evidence is available to prove those claims, you are likely to have a case.

You may choose to engage with your local police complaints procedure as a good first step. However, it’s important to note that you will not receive any compensation when solely taking this route. You may be able to use your complaint as a basis for legal action while also potentially receiving an apology and/or ensuring that officers are retrained or disciplined.

How can DPP Law help victims of police misconduct?

If you’re wondering what to do if the police sting your car by mistake or if you have reason to believe that you have been the victim of police misconduct—whether through mistaken use of a stinger or in any other way—do not hesitate to contact the specialists at DPP Law today.

We can assist you promptly, helping you to gather evidence for your claim, and recovering appropriate compensation.

For further information about our services, please contact our team today. We will be happy to provide any and all support you require.