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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I was out driving some weeks ago with my wife and 2y old

Customer Question

I was out driving some weeks ago with my wife and 2y old daughter in the rear of our car. we was approaching a roundabout which had a Domino's Pizza place to my right. a large Transit type van was trying to pull out and cut across in the same direction that we was traveling. I had the right-of-way so continued towards the roundabout. At this, the driver of the van blasted his horn. I was a bit shocked by the horn and looked to my right to see the van driver screaming and shouting at me. I think he was a bit upset that he couldn't bully his way through the traffic!...Hence, i put my hands up to gesture " whats up, what have i done wrong?) at this point we had moved closer to the roundabout but was still behind two or three other vehicles. Hence, we then came to a standstill and waited on the vehicles in front. At this point my wife said " that van driver is standing by our door" when I looked the van driver was by my door and now shouting abuse. I just looked at him and shook my head, not saying anything. At this the cars in front of us started to move forward, so I also started to edge forward. At this point the van driver started punching and kicking my car. I instantly stopped the car and opened my door (Big Mistake). I was just about to say something like " what the hell are you playing at" plus I intended to see what damage had been do to the car. However, before I could place both feet on the ground I was hit in the chest and a second blow to my temple head area. This knocked my specs off my face and I slumped back into the seat of my car. My wife came racing out of the rear of the car shouting to the man to stop hitting me. she also shouted " Stop, he's in stage 4 lung cancer" ( Yes I forgot to mention. I have Cancer and as such don't have the strength to fight my way out of a paper bag; never mind this thug). Once, he realized what he had done he ran back to his van and sped off in the opposite direction. This is the part I now need your help...We have the details of the van and gave them to west mids police. The police took statements from both me and my wife. They said the violence team would deal with it CID. The police told us that they do know the man and that he is a suspended driver and cannot drive. They also told us that they was in no rush to get him because he was going nowhere!! However, they did finally interview him and he stated there was an argument but denied the assault and damage to the car. Also, he went on to say he has a female drive him around because he knows he is not allowed to drive. The police asked him about the female and he stated she was on holiday for a week. Hence, the police gave him a week to produce " this pretend female". Yes, he was able to produce a female who backs up his bull. The police are now telling me that they cannot charge him because of this female who backs his story, they said the matter would be thrown out of court. I have since asked any witnesses that may of been in the area, shops and such. however, some said they can recall an incident but not much due to the lapsed time.....What can I do? I am registered disabled due to how my cancer impacts on me. i was assaulted, plus have a damaged car. This thug should not even have been driving.
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

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

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