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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71055
Experience:  Over 5 years in practice
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.A plumber came from the local authority to repair my aunties

Customer Question

.A plumber came from the local authority to repair my aunties family house that i was refurbishing. After asking the plumber to carry out an emergency work he refused i asked him to leave the property without finishing the job properly, I asked the plumber to give me his details but he refused, i therefore went outside to take photographs of his vehicle. He left the property, went inside his van and reported me to the police for criminal damage i.e scratching his van. The police arrive and arrest me for 5 hours only to release me with no further action for criminal damage. I have not committed the crime and with the help of an expert engineer i can proof that i did not scratch his van. my questions are what legal basis do i have for a civil claim? i.e Negligence and or other. and secondly, if the matter goes to court and that it is proven that the scratch was not committed by me, can these findings be passed on to the Crown Prosecution Service for further action against the plumber for providing false and malice statement to the police in order to get someone with clean record arrested and therefore tarnish the reputation of an innocent person. Kind Regards Mubarik"
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Just to clarify, have the police stated that they do not intend to take any further action over this?
Customer: replied 3 years ago.

1, the police arrested me for this alleged recordable offence.

2, i spent 5 hours in a police station cell where my DNA, Fingerprints, and photographs were taken.

3, i was released with no further action, stating that no further action will be taken.

4, after some research, i think there may be grounds for a civil case on Negligence i.e breach of Duty of Care as he maliciously falsified a statement in order to get me arrested. Please explain if this legal basis is possible.





Expert:  Jo C. replied 3 years ago.
Were there scratches on the vehicle please?
Customer: replied 3 years ago.


Customer: replied 3 years ago.

yes and i can prove with the help of an expert engineer that it was not possible for this scratch to be done manually by a human.

Expert:  Jo C. replied 3 years ago.

How would the plumber have known that?

How are you able to show that he made a false allegation?
Customer: replied 3 years ago.

The scratch is about 10cm vertically, horizontally it runs across the side of the van in a straight line as if though the driver had driven the side of the vehicle on something static that left a large black line on the van.


Google the typical scratch on a vehicle its the size of a car key's pointy end and its wiggly, this particular scratch was straight in black color without the usual slim line of a wiggly scratch.


Its a simple case of proving that this was not a scratch and therefore the entire allegation was false.





Expert:  Jo C. replied 3 years ago.
I'm really sorry but I cannot agree.

Clearly you may well be able to prove that you did not cause the damage. That may or may not be possible with forensic examination.

What will be impossible almost is for you to prove that a person such a plumber could tell at scene that you did not cause the damage without the help of a forensic examination.

All the plumber did was report damage which clearly does exist so he will argue that he acted in good faith.

The only way you could take any action against him is if you could prove that he knew the damage existed before your dispute with him.

In any event, I'm afraid the practical reality is that CPS will not charge him for perverting. Its difficult enough to get them to charge anybody with perverting even with really serious false allegations like of rape. The most that might happen is that he may be given a wasting police time fixed penalty possibly.

They are very slow to act upon any allegation of offences against public justice.

You can always sue him in defamation but that is an expensive action and you still have the provenance problems above.

I'm very sorry.

Can I clarify anything for you?

Customer: replied 3 years ago.

There are different types of scratches, this particular scratch is not manually possible by a human.


The scratch has been caused by the driver of the vehicle in question scratching the side of the vehicle by driving unto something that was static. This was stated in a preliminary report that i got from an engineer. The plumber states in his statement that he visibly saw me commit the alleged crime but he did not see any tools in my possession therefore contributing to his false statement.

If we are able to prove that this damaged was caused by driving the side of the vehicle unto something static and that a human is unable to carry this out manually, does this not prove my innocence and his fabrication? Please explain if i'm able to issue civil litigation by way of Negligence. Regards Mubarik"

Expert:  Jo C. replied 3 years ago.
You are not going to be able to prove that the damage was caused by the driver impacting with something static as opposed to something else impacting with a stationary car.

In any event, that wouldn't prove the plumber was the driver at the time unless, of course, it was a vehicle that should only ever have been driven by him.

It is more hopeful if he has actually set down in a S9 statement that he saw you damage the vehicle as that cannot be a mistake. They still won't prosecute him but you could sue in defamation if you are able to prove that cannot be so.
Customer: replied 3 years ago.

yes i can also proof that i could not have impacted his vehicle while he was stationary.


We also have further evidence that he is the only driver of the vehicle.


He did write in his police statement that he saw me commit the alledged damage.


Is there only grounds for Defamation or also Negligence in county court?

please explain?

Expert:  Jo C. replied 3 years ago.
It's not a negligence issue. The plumber hasn't been negligence. If you accept your complaint at its highest then he has made a false allegation which is not negligence. The police certainly haven't been negligence as you were NFAed.

It's a defamation issue.
Customer: replied 3 years ago.

Jo that's great,


just one final question, i have requested my police report which i'm due to receive in couple of weeks, i wanted to know the implication of being NFAed on my CRB record, and will it effect my travels to the US now that i have to declare that i have been arrested?


Kind Regards



Expert:  Jo C. replied 3 years ago.
I wouldn't know anything about the immigration position. I'm not an immigration lawyer.

However, the fact of your rest would only show upon it holds checking if deemed relevant and it would be written in a way that reveals that you were NFAed. It's very unlikely that that will ever be an issue for you.
Customer: replied 3 years ago.



thanks for your help.


Expert:  Jo C. replied 3 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile