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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I went to a country park today which I visit on an

Customer Question

Hello,
I went to a country park today which I visit on an almost daily basis and I have done over the last 6 years. I work in the morning so I go here to relax and then go for a run. Today as it was a nice day on arrival at the park I was sunbathing for 30 minutes in the car and then I went for my run. It was a half term so it was busier than usual. On arrival back at my car I noticed that there was a police car nearby ad then as I went to get into my car the police patrol car pulled by me and said Jonathan is it? I reply yes that's correct and the officer said we have had reports that you are watching children, as I am sure you can appreciate I was very shocked by this and I explained to the 2 officers that I come here on an almost daily basis, I park in the spot and have done over the past 6 years, I explained to them that I come here to relax and go for a run and that I have done this for many years, I was very annoyed about the accusation which this person had made about me, however the officers said they have to respond to the report. As far as I concerned this person who phoned the police should be prosecuted for wasting police time and I also feel like sueing the person for slander and defamation of my character. I would like to know my legal rights on this matter and how to proceed?. Best Regards,
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you with this.What is it you want to achieve please?
Customer: replied 8 months ago.
Did you read my question?
Expert:  Ash replied 8 months ago.
You want to sue for slander and want the person prosecuted, is that right?
Customer: replied 8 months ago.
Yes that's correct but I don't want to pay anymore.
Customer: replied 8 months ago.
I need to know how I go about sueing for slander and getting this person prosecuted?
Expert:  Ash replied 8 months ago.
Thats fine, a phone call is an extra service but we can keep it online.The first point about wasting Police time - only the Police can take that decision, you can not make them. Any decision to prosecute is taken by the Police after considering all the evidence. Many charges have no further action or are dropped, but that does not necessarily mean the Police then prosecute for wasting Police time. Its a matter for the Police whether they do, which sadly you can not influence.As for slander point - you can take action if you can show under the Defamation Act 2013 that you have suffered serious harm. That is the key test.If you can then you can issue proceedings but they MUST be in the High Court. These are quite specialist proceedings and you are looking at around £15,000 or so in legal fees to get it to trial.I also need to tell you if you take it to Court and lose, then you would be liable for the legal costs of the other side.Can I clarify anything for you about this today please?Alex
Customer: replied 8 months ago.
Well the accusation made I think in itself is causing me serious harm, I think its disgusting how a person can make such an accusation and me not able to defend myself. What has the world come too if a person cannot enjoy sunbathing/relaxing in their own car. Money is not an issue but I need to know how I get the details of the person who made this verbal accusation to the police which as far as I am concerned is slander?.
Expert:  Ash replied 8 months ago.
You would need to make an application to Court to get this information, otherwise it would be a breach of the Data Protection Act if they just gave it to you.You would need to complete form N244:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdfThe court will list it for hearing and there is a Court fee of £155.Does that clarify?Alex
Customer: replied 8 months ago.
It hasn't gone to court though. She just phoned the police they came out had a quick chat with me and went.
Customer: replied 8 months ago.
But I still think its slander.
Expert:  Ash replied 8 months ago.
Yes I know. But if you want the details of who it was you need to make an application for disclosure from the Police and they will only disclose that with a Court order.Does that clarify?Alex
Customer: replied 8 months ago.
Do you mean under freedom of information act?
Expert:  Ash replied 8 months ago.
No, because they wont give it to you under that.You need to apply to the County Court for an Order that they disclose the details of the complainant.Does that clarify?Alex
Customer: replied 8 months ago.
Ok in your experience what are my chances of winning a slander/defamation claim?
Expert:  Ash replied 8 months ago.
Its hard, because its High Court proceedings and you have to prove you have suffered serious harm. You cant just say you have, you need to prove it.Does that clarify?Alex
Customer: replied 8 months ago.
This court form doesn't really apply to me to be honest.
Expert:  Ash replied 8 months ago.
But you need to make an application to Court.This can only be done on form n244 which is the application notice.This is the ONLY form which you can use.Alex
Customer: replied 8 months ago.
Yeah but the person has accused me of "looking at children" when I was simply sunbathing in my car, that's pretty serious harm to me.
Customer: replied 8 months ago.
But the info in top right I don't have or is not applicable.
Expert:  Ash replied 8 months ago.
As I said that is the test. If you can convince a High Court Judge that it is serious harm you may have a case.But if there is no physical or psychological damage you have suffered, that makes it harder to prove serious harmThe Court fee to issue the claim is £280, to hear the claim is £1090.The top right is not applicable because you have not issued proceedings yet. But you still need to put who the Claimant (you) and Defendant is (Police)Alex
Customer: replied 8 months ago.
Ok so a person makes an accusation such as above, its proven by police to be untrue and I have to go through all this, I just canr understand it, I want this person brought to justice and I need a step by step plan in order to do so at the moment I am still confused as to the steps I need to take.
Customer: replied 8 months ago.
What a world its going to be if I go around reporting men and women who are sitting their cars and accusing them of looking at children, its just ridiculous.
Expert:  Ash replied 8 months ago.
1) You make an application for disclosure against the Police using form n244 with a fee of £1552) The court will list for hearing and decide whether to order disclosure3) If the Court does they provide the details4) You then issue a claim against the person for slander/defamation in the High Court with a fee of £2805) The claim is then heard in the High Court with a hearing fee of £1090Does that clarify?Alex
Customer: replied 8 months ago.
1) If app not approved do I still pay £1552) How do I go about issuing a claim against the person for slander/defamation, is there another form for that?
Expert:  Ash replied 8 months ago.
1) yes, because its the application fee2) That is form N1 - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfAlex
Customer: replied 8 months ago.
Why an earth do I pay for an application for details of a person who has reported me?
Customer: replied 8 months ago.
Surely this is available under FOIA?
Expert:  Ash replied 8 months ago.
No, because it would be a breach of the Data Protection Act 1998 to disclose who it was.Alex
Customer: replied 8 months ago.
I have done research online and it says under FOIA I am entitled to know what made the report
Expert:  Ash replied 8 months ago.
Yes, but not WHO.Alex
Customer: replied 8 months ago.
What you mean who?
Expert:  Ash replied 8 months ago.
You want to sue the person who made the complaint.The Police WONT give you that under FOI.Alex
Customer: replied 8 months ago.
It says under FOIA I am entitled to know to who made the verbal report and contents of the oral report.
Expert:  Ash replied 8 months ago.
You are NOT. That is WHY you need a Court order.It is EXEMPT information.Alex
Customer: replied 8 months ago.
Very strange online it says I am entitled to know that under FOIA
Expert:  Ash replied 8 months ago.
I am a Solicitor. I am sure the person giving the information is not.Alex
Customer: replied 8 months ago.
Ok in your experience what are the chances of the court giving me the information?
Customer: replied 8 months ago.
do they usually give it out?
Expert:  Ash replied 8 months ago.
Its exempt under S.31 of the FOI Act.Try it then if you think you can request it. They have 40 days to comply and if they do not you can raise a complaint with the Information Commissioner.If that does not work then you can apply to the Court.I have not seen all the evidence so can not give a view one way or another about what a Judge may or may not do. That would be unfair of me.Alex
Expert:  Ash replied 8 months ago.
If I can invite you to rate my answer before you go today please, otherwise the site does not pay me for the time spent with you. The question does not close and you can ask me follow ups. Thanks. Alex
Customer: replied 8 months ago.
Ok in your experience what are the chances of the court giving me that info?
Customer: replied 8 months ago.
Because without it I cant even make a claim?
Expert:  Ash replied 8 months ago.
I think you have a shot at it. But it depends on the Judge on the day.
Customer: replied 8 months ago.
And I want to make a serious claim for slander/defamation
Expert:  Ash replied 8 months ago.
Can I clarify anything else for you today?
Customer: replied 8 months ago.
oh yes a lot, its the nature of the accusation which really bothers me which is "Looking at children" its a serious allegation which in my opinion if not proven then its slander and caused me serious harm.
Customer: replied 8 months ago.
But on the other hand Im wondering whether I would be giving the details of the person who made the accusation?
Expert:  Ash replied 8 months ago.
Ok, well it would be up to you to prove it caused serious harm in Court.Is there anything else you would like to ask me about this that I can clarify for you today?
Customer: replied 8 months ago.
Ok does the same data protection act apply to me as well like the police would not be allowed to give her my details, is that correct?
Customer: replied 8 months ago.
Yeah mentally its caused me serious harm
Expert:  Ash replied 8 months ago.
Once you make a claim in Court they will know your name and address as Claimant yes.
Customer: replied 8 months ago.
Okso I would know her name and address and she would know mine yeah? What about before though?
Expert:  Ash replied 8 months ago.
No. Not before.
Customer: replied 8 months ago.
Its definitely caused me harm reporting me to the police for looking at children that's caused me harm and its caused me harm mentally and possible affected my reputation.
Expert:  Ash replied 8 months ago.
Ok.
Customer: replied 8 months ago.
Im not happy at all about it
Expert:  Ash replied 8 months ago.
Can I clarify anything else for you?
Customer: replied 8 months ago.
So your telling me I cant get the details of this person without applying for a court order, are you 100% sure on that?
Expert:  Ash replied 8 months ago.
Yes.
Expert:  Ash replied 8 months ago.
Can I clarify anything else for you?
Customer: replied 8 months ago.
So I have to pay over £400 even before it goes to court? Why do they make it so difficult for the victim?
Expert:  Ash replied 8 months ago.
I dont know. They are the Court fees, which I cant do anything about. Its all to do with government cuts.Can I clarify anything else for you?
Customer: replied 8 months ago.
Its ridiculous though, people can just go around reporting people for anything knowing that its a cost them a lot of money even before they go to court.
Expert:  Ash replied 8 months ago.
I can only tell you what the law is and the legal remedy. I didnt say it was fair. Only politicians can change thatCan I help you with anything else today?
Customer: replied 8 months ago.
Unfortunately for this woman I will get justice at all costs
Expert:  Ash replied 8 months ago.
Ok - Can I help you with anything else today?
Customer: replied 8 months ago.
You said £15,000 to get it to court?
Expert:  Ash replied 8 months ago.
Legal fees if you instruct Solicitors yes.
Customer: replied 8 months ago.
Seems less than that though just over 400 then 1090
Customer: replied 8 months ago.
In the case where its one word against another, I mean she could stay I thought he was looking at children and I could say I was sunbathing, what tends to happen in these sort of cases, this is what I need to know.
Customer: replied 8 months ago.
Hello?
Customer: replied 8 months ago.
Alex?
Expert:  Ash replied 8 months ago.
You have to PROVE the accusation was false and have suffered serious harmThe Defendant does NOT have to prove anything
Customer: replied 8 months ago.
But how an earth could I prove I was sunbathing as I was on my own at the time?
Expert:  Ash replied 8 months ago.
Thats for YOU to prove, its your claim. That is the risk of litigation
Customer: replied 8 months ago.
Although I am a season ticket holder at the park, the guys there know I go there daily and have done for years.
Expert:  Ash replied 8 months ago.
Ok. What else do you want to know?
Customer: replied 8 months ago.
Whereas this woman was just there cos it was half term
Expert:  Ash replied 8 months ago.
Ok. What else do you want to know?
Customer: replied 8 months ago.
So I think id have a point there,
Customer: replied 8 months ago.
Do you think that would be enough to prove the accusation was wrong?
Customer: replied 8 months ago.
The fact ive been going there almost daily for 6 yrs parking in the same spot.
Customer: replied 8 months ago.
Then all of a sudden this person reports me?
Expert:  Ash replied 8 months ago.
I dont know. I have not seen all the evidence and have no idea what a Judge will say when making a determination on this.
Expert:  Ash replied 8 months ago.
Do you have any other questions of me, before I go to bed as its 1230am and I need to be in the office for 8am?
Customer: replied 8 months ago.
Its gonna look like a false accusation and police even said if you've been coming here for 6 yrs it probably wont happen again for another 6 yrs.
Expert:  Ash replied 8 months ago.
I have outlined the process, procedure and costs for you.
Customer: replied 8 months ago.
Its going to be a difficult one for judge this I think but the accusation is serious and I really feel it has caused me harm so I think I should pursue it.
Expert:  Ash replied 8 months ago.
Ok. Good luck with this and please remember to rate before you go, otherwise the site does not pay me for all this time spent with you. Thanks
Customer: replied 8 months ago.
I cant believe I could pay 155 and then details cus be declined is that right?
Expert:  Ash replied 8 months ago.
Yes that is correct. That is the risk
Customer: replied 8 months ago.
Due to the nature of the accusation they might decline.
Customer: replied 8 months ago.
Where would I go from there alex?
Expert:  Ash replied 8 months ago.
I cant say.
Expert:  Ash replied 8 months ago.
Its up to a Judge,
Expert:  Ash replied 8 months ago.
Can I clarify anything else before I go to bed?
Customer: replied 8 months ago.
What happened to the person I should have spoke to on here?
Customer: replied 8 months ago.
cant remember her name
Expert:  Ash replied 8 months ago.
I dont know, there are lots of experts on here, but this appears to be your only question
Expert:  Ash replied 8 months ago.
My name is Alex
Expert:  Ash replied 8 months ago.
Can I clarify anything else before I go to bed?
Customer: replied 8 months ago.
So if somebody reports u to the police somebody would have to pay 155 to attempt to get the details of that person?
Customer: replied 8 months ago.
I just cant believe that why cant you get them under FOIA?
Customer: replied 8 months ago.
it says online you can.
Expert:  Ash replied 8 months ago.
Yes. As we have discussed and I have also outlined the process which you need to follow.As I have already said its exempt information under S.31
Customer: replied 8 months ago.
that's confused me.
Expert:  Ash replied 8 months ago.
If you believe you can get it then ASK for it.I have also outlined that process and details of the Information Commissioner.
Expert:  Ash replied 8 months ago.
Can I clarify anything else before I go to bed?
Customer: replied 8 months ago.
Where did u outline that?
Expert:  Ash replied 8 months ago.
At 12:02Its exempt under S.31 of the FOI Act.Try it then if you think you can request it. They have 40 days to comply and if they do not you can raise a complaint with the Information Commissioner.If that does not work then you can apply to the Court.I have not seen all the evidence so can not give a view one way or another about what a Judge may or may not do. That would be unfair of me.
Expert:  Ash replied 8 months ago.
Does that clarify?
Customer: replied 8 months ago.
My goodness its all very confusing
Expert:  Ash replied 8 months ago.
Can I clarify anything else before I go to bed?
Customer: replied 8 months ago.
And I cant understand why its made so costly to get details,
Customer: replied 8 months ago.
If app declined for 155 where cud I go from there?
Expert:  Ash replied 8 months ago.
You can't - thats the end.
Customer: replied 8 months ago.
Wow
Expert:  Ash replied 8 months ago.
Can I clarify anything else before I go to bed?
Customer: replied 8 months ago.
So in your experience whats the odds 80/20 70/40 50/50??
Expert:  Ash replied 8 months ago.
I havent seen the evidence so I can't say.
Customer: replied 8 months ago.
Yeah but in general you must have some idea, more accepts than declines or?
Expert:  Ash replied 8 months ago.
50/50
Customer: replied 8 months ago.
Really wow
Customer: replied 8 months ago.
Surprising
Expert:  Ash replied 8 months ago.
I really do need to go to bed as I am back in office at 8am.Anything other questions?
Customer: replied 8 months ago.
Its the nature of the accusation im worried about in terms of the judge releasing details
Expert:  Ash replied 8 months ago.
Ok, do you have any other questions I can answer before I go to bed?
Customer: replied 8 months ago.
Its a tough one because as far as I am concerned its a serious allegation
Expert:  Ash replied 8 months ago.
If you do I will have to answer them in the morning
Customer: replied 8 months ago.
I dunno im still confused
Expert:  Ash replied 8 months ago.
Well what else would you like to know?I have addressed everything I can think of several times
Customer: replied 8 months ago.
Are you going to bed?
Expert:  Ash replied 8 months ago.
Yes, as I said I was going to at 12:30am because I have to be in the office at work by 8am, so up at 7am
Customer: replied 8 months ago.
Based on what I have told you....
Expert:  Ash replied 8 months ago.
Yes?
Customer: replied 8 months ago.
What are the chances if the judge giving me the details of the person?
Expert:  Ash replied 8 months ago.
You already asked this and I said 50/50
Customer: replied 8 months ago.
No I asked in general you said 50/50 but what about my individual case?
Expert:  Ash replied 8 months ago.
Yes - 50/50
Customer: replied 8 months ago.
Hmm its all very confusing
Expert:  Ash replied 8 months ago.
Ok, do you have any other questions I can answer before I go to bed?
Customer: replied 8 months ago.
Yes loads
Expert:  Ash replied 8 months ago.
Then can you please list them, number them and I will answer them in the morning for you.
Customer: replied 8 months ago.
But I can sense your tired and want to go to bed
Expert:  Ash replied 8 months ago.
Please do remember to rate my answer in the meantime so the site pays me for the 2 hours spent with you. The question does not close and you are free to ask follow ups.

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