1, the police arrested me for this alleged recordable offence.
2, i spent 5 hours in a police station cell where my DNA, Fingerprints, and photographs were taken.
3, i was released with no further action, stating that no further action will be taken.
4, after some research, i think there may be grounds for a civil case on Negligence i.e breach of Duty of Care as he maliciously falsified a statement in order to get me arrested. Please explain if this legal basis is possible.
yes and i can prove with the help of an expert engineer that it was not possible for this scratch to be done manually by a human.
The scratch is about 10cm vertically, horizontally it runs across the side of the van in a straight line as if though the driver had driven the side of the vehicle on something static that left a large black line on the van.
Google the typical scratch on a vehicle its the size of a car key's pointy end and its wiggly, this particular scratch was straight in black color without the usual slim line of a wiggly scratch.
Its a simple case of proving that this was not a scratch and therefore the entire allegation was false.
There are different types of scratches, this particular scratch is not manually possible by a human.
The scratch has been caused by the driver of the vehicle in question scratching the side of the vehicle by driving unto something that was static. This was stated in a preliminary report that i got from an engineer. The plumber states in his statement that he visibly saw me commit the alleged crime but he did not see any tools in my possession therefore contributing to his false statement.
If we are able to prove that this damaged was caused by driving the side of the vehicle unto something static and that a human is unable to carry this out manually, does this not prove my innocence and his fabrication? Please explain if i'm able to issue civil litigation by way of Negligence. Regards Mubarik"
yes i can also proof that i could not have impacted his vehicle while he was stationary.
We also have further evidence that he is the only driver of the vehicle.
He did write in his police statement that he saw me commit the alledged damage.
Is there only grounds for Defamation or also Negligence in county court?
Jo that's great,
just one final question, i have requested my police report which i'm due to receive in couple of weeks, i wanted to know the implication of being NFAed on my CRB record, and will it effect my travels to the US now that i have to declare that i have been arrested?
thanks for your help.