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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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A police man came over to our house a couple of months back.

Customer Question

Hi.
A police man came over to our house a couple of months back.
Said a neighbour said my husband flipped them off whilst I was driving.
We denied this as he DEFINITELY didn't do anything of that nature
He was sat at the back of the car with my son who wasn't feeling well..My other son sat in the front of the car with me..
The police man said this neighbour and his wife both wrote witness statements to this effect.
The policeman asked my husband to take an on the spot penalty of £90. My husband didn't as it was all one sided, they never took his statement, or my statement or even our sons who were witnesses to the whole issue. They took the word of 2 people married to each other.
I also never saw their car on the street that day at all, I do not remember seeing them, hence, If I couldn't, how could my husband have seen them? sat at the back, with blacked out windows I must add.
We have a boundary issue with these neighbours, which has since been shown they were wrong on the location of the boundary, and we were right, this boundary location has been shown in our favour by the expert appointed by the court. We think this is why they have made this total lie. It is very hurtful. There are also damages they will have to pay in the boundary issue, as they damaged property, trespassed etc.
When the policeman left, he said he would speak to the other person handling the case. we then thought nothing else of it...
The next thing, my husband received a letter asking him to attend court.
I will gladly be a witness for my husband when the time comes, so will our children if needed.
The main thing i wish to stress here, is, we are disappointed that anyone can go to a police station and make any accusation against anyone else and the police take their statement, with no photo evidence, or independent witness...All they have is the word of two bitter neighbours, who are married to each other and could have concocted this. This is very troubling...
Your thoughts on all this appreciated please. and what my husband should expect in court.
Mary.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

What would you like to know about this please?

Customer: replied 1 year ago.
Hi, its on top of your message please
Expert:  Jo C. replied 1 year ago.

Your post above does not contain a specific question anywhere that I can see?

Customer: replied 1 year ago.
1) Your thoughts on my post is what I am asking you.
2) And what should my husband expect in court, respond, etc..Should he have a statement prepared? and by me also?
Expert:  Jo C. replied 1 year ago.

Well, it depends. It is not really very clear what you specifically wanted to know.

if he denies flying tipping then he just attends and pleads not guilty and the matter will be adjourned off for a trial where his defence can be heard.

That is not particularly complicated per se. It is just a simple dispute over facts.

He will probably not get legal aid though so may have to pay privately or self represent.

If you can ask a more specific question then I can probably offer more.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Hi Jo.The neighbours said he flipped them off with his fingers, not fly tipping. They said this caused them stress and harassment.So they went and told the police that my husband inside my car put his fingers up at them.He will self represent.Please let me know...Thx
Customer: replied 1 year ago.
I can again confirm, he did no such thing. My son can also easily confirm this. It is their word, nothing else.
Expert:  Jo C. replied 1 year ago.

So he is summonsed for public order or fly tipping?

Customer: replied 1 year ago.
Hi Jo...Public Order, thats correct, yes.
Expert:  Jo C. replied 1 year ago.

S5 public order is a stupid offence.

This is a simple dispute over the facts though. He pleads not guilty. You go to court and give evidence at the trial.

Customer: replied 1 year ago.
I kno Jo...you can imagine the stress we have been put through.My last question is this: It is their word against ours. How do Courts solve matters like that then? or in your experience?.Thank you
Expert:  Jo C. replied 1 year ago.

Magistrates can be very unfair. They do sometimes convict when they should not. It only carries a fine so that is something to hang onto.

You can't really waste your time worrying about whether Magistrates are idiots or not though. Just prepare your case, get your witnesses to court and fight it.

Customer: replied 1 year ago.
Thank you Jo.
Expert:  Jo C. replied 1 year ago.

No problem. All the best.

Customer: replied 1 year ago.
Thx Jo..The fine is how much usually please?I will rate you 5 stars. Thanks
Expert:  Jo C. replied 1 year ago.

It depends on your income but less than £500.

Usually court costs are more.

That is if this is a S5 public order which should really be the only charge if it is just an alleged obscene gesture.

Customer: replied 1 year ago.
If he is found guilty, is he to pay their court costs also?
Expert:  Jo C. replied 1 year ago.

Yes, if he has a trial.

Customer: replied 1 year ago.
Final question promise -
might a judge ask him at the first appearance to solve the issue without a trial? i.e. undertaking of some sort? or can he ask this?
Expert:  Jo C. replied 1 year ago.

No, not really.

That would be a matter for CPS and their view will be that was offered by the police in the form of a fixed penalty. You could not accept it because you disputed the allegation.

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