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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi have just been served with a Prevention of Harrassment letter

Resolved Question:

Hi have just been served with a Prevention of Harrassment letter based on a number of fictitious claims before the police have heard my version of events. Can I be served with such a notice or should I look to have it removed/set aside until they have heard my side ?
Andy
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Have you contacted the person at all please?

Customer:

I approached her on the basis her husband had accused me of reporting her and her child minding business to the NSPCC which subsequently resulted in her being visited by Ofsted and being warned officially

Customer:

she has told police that I have blocked her drive with my car whilst visiting my girlfriends parents who live next door which is a lie along with sounding my horn when I leave

Alex Watts :

Have you been in contact with the Police.

Alex Watts :

Or do you have any reason to contact her again?

Customer:

the police visited me tonight all very polite and clearly were not aware of the investigation that is taking place but they served me with the harassment notice

Alex Watts :

Ok - do you have any reason to contact her again in the immediate future?

Customer:

I have no reason to contact her apart from the false accusations that have been made by her that have resulted in the serving of the letter

Alex Watts :

Ok - well don't do that whatever you do

Alex Watts :

Make an appointment to go and see the Police

Alex Watts :

You can explain your side of it

Alex Watts :

They can then decide whether to withdraw the notice

Alex Watts :

But of course if you have no reason to contact her - then do not anyway

Customer:

My question is can the Police serve such a notice a) with no proof and B) before they have heard my version of events ?

Alex Watts :

It is clearly more hassle than it is worth

Alex Watts :

Yes they can

Alex Watts :

All they need is a statement from the complainant

Alex Watts :

That is reasonable grounds to do that

Customer:

Ok well I was going to contact the officer that came round and ask for a meeting

Alex Watts :

So yes they can.

Alex Watts :

I see.

Alex Watts :

Well if you have no reason to contact her it makes no difference anyway

Alex Watts :

But you can certainly go and see them

Alex Watts :

And explain your side

Alex Watts :

But they don't need your version before serving it

Alex Watts :

Basically its a warning - that is it

Alex Watts :

Its not a fixed penalty, a caution or even a Court charge

Alex Watts :

If it was Court then they would need to prove the charge beyond doubt

Alex Watts :

But this is just a warning, nothing more

Customer:

my car has had an egg thrown at it whilst parked in my inlaws drive and whilst I know it will have been one of her sons I cannot prove it should I pursue this ? I would see little point without proof ?

Alex Watts :

Well you can make a complaint but as you said without proof................

Alex Watts :

I realise this may not necessarily be the answer you want and certainly not the one I want to give you, but I have a duty to be honesr

Alex Watts :

* honest *

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

well I see it would be a waste of time what I do not want is a harassment warning issued to me based on false evidence given in a statement surely that is more of an offence ?

Alex Watts :

Well that depends, it could be wasting Police time

Alex Watts :

But only the Police can take action about that

Customer:

ok well I will ask for a meeting thank you for your help

Alex Watts :

Great. But please do NOT contact the named person in the meantime.

Alex Watts :

Can I clarify anything else for you today please?

Customer:

no can I be civil and say hello if I see her in the street ?

Alex Watts :

No. I would not

Alex Watts :

No contact whatsoever

Customer:

Ok no problem thanks for your help

Alex Watts :

You dont want to give her ANY ammunition

Alex Watts :

Can I clarify anything else for you?

Customer:

no that's it thanks

Alex Watts :

Great. If I could invite you to rate my service before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

ok will do

Ash and 2 other Law Specialists are ready to help you

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