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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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My son was at asda last night with his girlfriend at 10.30

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My son was at asda last night with his girlfriend at 10.30 pm the car park was very quiet. When he came out the trolley collector approached him saying that a van had hit his girlfriends car and the van and driver were now parked over the other side of the car park. My son approached the car and knocked on the drivers window, the driver turned away from him, my son knocked again, the window was down a few inches so my son said. "I believe you have just hit that car", pointing to his girlfriends vehicle. The driver immediately launched himself out of the car screaming " I've not hit any f-----g car where are you getting this from". Then the drivers partner exited asda and immediately started to scream at my sons girlfriend who said "what are you having a go at us for its my car that you hit" the man then launched himself at my sons girlfriend screaming don't you f-----g talk to her like that My son put his arm across his girlfriend to stop him from getting any closer and the man threw a punch over my sons arm at his face.The security guard came out at this point telling the man that it had all been caught on CCTV and he was calling the police. When the police arrived the man denied hitting the car and assaulting my son. The security guard invited the police inside to see the CCTV footage at this point the man admitted both hitting the car and my son. The police told them both they could not do anything as it was on private land and my son had no marks on him and it was a civil matter. Is this right as it seems wrong that this man can get away with this.
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
The police are wrong. A crime can be committed on private land just as easily as on public land. In addition a road traffic offence can be committed on private land to which the public has access.
I would go to the police station to report this and also ensure that the CCTV footage is preserved.
Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.
Thank you for your advice, my son went to the police station and was told that he could not now do anything, as they have cautioned the other man! (What about it being a civil matter) How can he be cautioned without anything being said to my son beforehand is beyond me. So much for our police force hey! We now have no where to go, and this man has walked away Scott free.
Expert:  JGM replied 1 year ago.
A formal caution doesn't mean that they can't charge him!
Damage to a car and injury to a person following an assault can be both a civil and criminal matter. In other words the guilty party can be prosecuted by the state under the criminal law but can also be sued for compensation by the victim in the civil courts.
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