During this time of year, the delivery of post and parcels is at the forefront of many people’s minds…but none can have such a sting in the tail as an incorrectly addressed Court summons, which brings the very opposite of Christmas cheer to its non- recipient.
On the 9 November 2021, my client Daniel was arrested by the Metropolitan Police for driving a motor vehicle whilst over the prescribed drug drive limit. He was conveyed to Wandsworth Custody Suite where he was processed.
Daniel clearly confirmed his address as “Flat 1”at an apartment block in Wimbledon, London. He was then released under investigation.
It appears that a decision was subsequently made to prosecute Daniel and a postal requisition was drawn up requiring his attendance at Wimbledon Magistrates’ Court on 28 February 2022. However, the requisition was incorrectly addressed to my client at Flat 4 of the apartment building.
According to the witness statement of PC Martin dated 13 February 2022, this requisition was hand-delivered to Flat 4 on 13 February 2022.
Naturally, Daniel did not receive the postal requisition and therefore did not attend Court on 28 February 2022, remaining blissfully, and innocently, ignorant of the same. However, owing to his failure to attend, a Warrant was then issued for Daniel’s arrest.
At around 2.00 am on 1 March 2022, officers attended my client’s home address and, to his shock, arrested him in respect of this Warrant.
Daniel was again conveyed to Wandsworth Custody Suite before later being transported to Wimbledon Magistrates’ Court. At Court, it was established that the address on the postal requisition was incorrect, and the Court accepted that Daniel had never received the requisition. In the circumstances, a new hearing date was fixed, and my client was released.
As a result of this elementary administrative error, Daniel had been wrongfully arrested and deprived of his liberty for a total period of approximately 10 hours.
He instructed me to pursue a claim for wrongful arrest on his behalf against the Met and I am pleased to report that I have recently concluded the same for a damages payment of £5,000 plus legal costs.
I trust that the Met will learn the necessary lessons from this case: what might be a minor ‘typo’ in the hands of somebody else, can in the hands of the Police become the instrument of a person losing their liberty and Court time and resources being vastly wasted. Absolute attention to detail is required when people’s liberty is at stake.
Thankfully, Daniel will now be receiving something far more pleasant in the post…
The name of my client has been changed.
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