No. Police have been acting as intermediaries. But they have told me in no uncertain terms that if I refuse to replace the phone then I will be arrested for criminal damage. I feel that all I did was an act of self defence. They say he felt threated because my son was there. At no point did my son say or do anything after I arrived at the scene. I wanted to help the guy but have ended up being the bad guy. By the way, the police examined him and he hadn't been bitten by the dog. In fact there wasn't even a paw print on him. So I wouldn't even have been at the scene if he hadn't lied about that!
Thanks. If you are adamant that you did not damage the phone then you must refuse to pay. The police could prosecute for criminal damage and if they do so the matter will go the Magistrates Court and they will decide whether you caused the damage or not. The downside to this is that if you lose, you could be out of pocket by twice as much in fines and costs. The police are unlikely to arrest you now because they have prove that an arrest is necessary. But you could be 'invited' to the station for a voluntary interview. If so you will have a chance to present your account. Once they have your complete story they may decide its not worth pursuing this case. The police are right about the dogs. Regardless of what happened between you and the man either you or your son could be prosecuted for having a dog dangerously out of control in a public place. The offence would be more serious if the man was bitten. They are not dangerous dogs- but any dog owner could be prosecuted for this offence under this law.
Hi again. I admit that i threw the phone away and that it got damaged as a result of my throwing it. Don't the circumstances of me being put in that situation have any bearing here? I grabbed and threw the phone because of his threat to call somebody to "sort me out" after he had already pushed me over the car and shown to me that he was willing to use violence. I just feel that after he threatened my son, gave a lot of verbal, assaulted me and then threatened me with further violence that my reason for throwing (and damaging) the phone was justifiable. I understand that my dog shouldn't have jumped up at the man (only in playfullness) but surely the dogs wouldn't be taken away if the man out in a complaint? To be honest, these are the questions htat i need answered. Regards. Paul
If I were to push the police to prosecute him for any or all of the ofeences that you have listed, where would that leave me? In either case? paying for the phone or not paying for the phone. I intend to pay for the repair or replacement of the phone but the police are making this very difficult to do. The man in question is a very stroppy individual (the police have described him as thus) and has claimed that the phone is beyond repair and wants me to give him £500 to go to his phone supplier and get a new one. I have asked that the phone be given to me to get repaired and if I find it beyond repair (which I find hard to believe as it was turning on after it was damaged but not usable as the screen was smashed) I will return it with a replacement. To be very honest, if they insist on me paying £500 they will have to arrest me as I don't have £500.
What happens then?