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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71042
Experience:  Over 5 years in practice
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I wondered if you could give me your views as am worried

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hello I wondered if you could give me your views as am worried sick ,a few months ago I sold a van and delivered it to a man whom payed me so much money,£1000,and his friend drove off in the van , and was supposed to pay me the difference on the way back to mine £3500 outstanding he was dropping me off ,after about 20 min driving he backed up and hit a post and asked me to get out and look so I did and he drove off ,I managed to get back home and tried ringing but no answer I left it to see if I could trace him no joy, I cancelled the insurance and after a week, I had no option but to report it stolen and the police said I had been scammed they checked and said it had not been involved in any accidents or incidents which calmed me down a bit however big problem after a bout a month I received a letter from customs and excide saying my van was found with illegal cigarettes in it I tried to ring but got no answer I thought it must be a mistake as no one had rung me or contacted me ,then the bomb drops about 6 weeks after the letter hmcr busted into our house arrested me in bed and searched my house and business the search warrant said looking for a connection between me and three foreign names, I have never heard of nothing was found at either business or house my mobile was taken and the phone fronm the office ,I was handcuffed and taken 20 miles away fingerprinted and dna tests done then interviewed I told them what had happened but they say the cigarettes found were mine even though these other men were backed up loading the van was empty when I left the valeter cleaned inside, I wasn't stopped traveling their but customs said I was followed, I said why didn't you stop me and look inside then they did not reply, I don't know how I can prove the van was empty they bailed me for 2 months I have a clean driving licence no convictions and no criminal record am 53 years old and have never been accused of anything before I did not buy these cigarettes sell them or deliver them ,the paperwork they gave me when I was released said the wrong address wrong date off birth and that I have been charged with underpaying vehicle excide duty am absolutely shocked and upset all the time I don't know who too turn too I have trade 30 years never anything like this has happened all my family are upset many thanks philip
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 2 years ago.
just what can I do thanks
Do you really have no connection to this activity?
You are anonymous on here so it is safe to be clear with me.
Customer: replied 2 years ago.
no absolutely not
Customer: replied 2 years ago.
I have never see these men have no contact with them,the only person I spoke too was the man buying the van he said he had a car wash and the dvla form he filled in had that address on but I assume now it was false
Yes, it probably will be.
I'm not sure what you were hoping to do? Obviously there are no magic wands that will make this go away. You can only do what everybody else does charged with a criminal offence and deny it and defend the allegation.
If you don't have a solicitor then you need to get one urgently.
A case like this turns upon the evidence and I have had full vision. It is quite unlikely that they have no evidence at all to support their claims.
The fact that you did make a report is helpful although they could argue that it was evidence of premeditation and which would be accepted is a matter for a court.
Can I clarify anything for you?
Customer: replied 2 years ago.
there cant be any evidence because I did not put anything in the van ,they did not actually say it was mine but am sure that's what they thinking the exact words were was it mine , don't they need finger prints or dna or something I cant afford a solicitor I will have to wait and see what they say at the police station in two months and just tell the judge what's happened it seems unfair they left it for so long before telling me what had happened my valeted can confirm it was empty but as you say I don't have anything in my favour I just wished they stopped me whist driving thanks for your advise though will it help that the man who bought the van signed the yellow slip and put his address on it I don't think he has been arrested as his name wasn't mentioned, I could be wrong thanks anyway
Yes, they will be saying your report to the police was false to throw them off the scent.
No, they don't need forensics.
You will probably get legal aid for this.
I don't know whether this turns upon whether the van was empty at that particular time but if the valet can confirm that it was then it is probably worth approaching him.
Customer: replied 2 years ago.
ok thanks I will try and get a solicitor the report to the police was made long before the letter from customs ,all I can do is tell the court what happened their was quite a lot of inaccuracy in what the interviewer said ie the colour of the car he said I got into was wrong but I will see if they charge me or not as am not charged at the moment just bailed to return
If you are bailed back then it might all disappear into nothing. They have to prove what they allege.
Customer: replied 2 years ago.
the custody sergeant asked if I was too be charged and they said subject to the search and nothing was found on the search we will just have to see thank you so much for your view have a good night do I have to do something so you get your money for your time thanks philip
Just rate the answer.
You can always come back and ask more questions when the evidence becomes clearer but get a solicitor as well. Question and answer sites are fine but it is not a good to have me running this case remotely
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