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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I was involved in a rtc . The driver of the other car drove

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I was involved in a rtc . The driver of the other car drove off I followed them. They then became abusive so there were words said. Later after reporting the hit and run to the police the woman of the car alleged that I had tried to hit her. Due to cctv the police found that this allegation was false and took no action. The woman has subsequently published a picture of me on Facebook and said that I tried to hit she published my name and subsequently my address. She also published my wife's name. This may damage my wife's business.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Has she said anything untrue on Facebook?
Customer: replied 2 years ago.
Yes that I tried to assault her several times and that my partner had to drag me off she also said that I tried to hit her and she had a photo of me with my hand raised which she published.
Expert:  Jo C. replied 2 years ago.
What does the CCTV show?
Have you viewed it?
Customer: replied 2 years ago.
The police have viewed it as she made the accusation to them and they are not interested as it didn't show anything untoward. I was also on McDonald's car park surrounded ny people who woul have stepped in if I had tried to hit her. I have a copy of the post but can't attach it
Expert:  Jo C. replied 2 years ago.
Have you viewed it?
Customer: replied 2 years ago.
No
Expert:  Jo C. replied 2 years ago.
The problem here is that you are presuming that the CCTV does show nothing.
The fact that the CCTV doesn't capture you assaulting her does not mean it proves you did not. There could be lots of explanations for that. The CCTV may be of poor quality, it may be distant and not identify actions clearly or it may be that she is saying it took place off camera.
The fact that the police will not act does tend to suggest that it weakens her allegation or they would normally have acted upon her statement alone but I wouldn't rely on that.
The question here is what action you want to take. You can always complain to Facebook. They might well remove it.
If they will not then you would have to seek an injunction compelling them to do so which they will not contest but it does carry expense.
of course, that doesn't stop her posting again. To stop that you would need to seek an injunction under the laws of defamation preventing her from repeating a specific falsehood. That is expensive although it is fairly effective. If she contests it then it will get very expensive and you run the risk that the CCTV is unhelpful. I wouldn't advise a defamation action until you have seen the CCTV yourself.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Yes. Regardless of what the CCTV shows I didn't go anywhere near her as she immediately shouted go on hit me and from then on I kept away from her. I didn't assault her!. What happens if I get abuse from anyone following this. A friend of my wife's knows her as she lives in the same village and she has made various allegations about teachers,hit her son and gave him a black eye and the other day was abusing some builders. It's clear she has some sort of mental issue. I understand what you are saying and it's probably better not to poke the snake. I'm going to speak to the police as if anything else happens they will have this on record. I've reported it to Facebook etc. would there be a case under prevention of harassment legislation if anything happens?
Expert:  Jo C. replied 2 years ago.
Yes, but you are presuming the CCTV captures everything and shows that. My experience of CCTV is that it is usually possible for a false witness to argue that something took place off camera.
Of course she will have done this before. She will have a long history of making allegations of abuse when she can't have what she wants. Some people just use the police as a mediation service because it is free. If they had to pay costs I think it would have a very sobering effect.
One instance is not enough for harassment. However, she will probably do something else and when she does you would have enough for harassment. Harassment is a much better option than defamation. It is much cheaper and the orders you can get are more inclusive.
You actually could argue that the fact of the initial report to the police was the first act of vexation and then the positing on Facebook was the second so it could amount to harassment but I would wait for another incident just to hammer in your nails.
There probably isn't any point in pursuing her for money. Vexatious accusers tend to be dependent on benefits in my experience. The purpose of pursuing her is to get a restraining order to stop her making false claims.
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience: Over 5 years in practice
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