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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 13313
Experience:  Solicitor
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I was assaulted by a policeman and have had to have

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I was assaulted by a policeman and have had to have counselling. I have complained to the police force and he denies what he did. I can’t find a solicitor to take the case as the incident was away from home and I cannot contact the people who were around so my husband is the only witness. Can I take him or his force to the small claims court for the mental injury caused?
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I complained and appealed against the police forces finding that he did nothing wrong and then tried to take the meter to the small claims court but I used the on line service which the defendants told me I could not do. They said also I had to sent them a pre-claim letter which I did and they said they accepted but now they say they don’t.
Assistant: Where is the home located?
Customer: My home is in Southend on Sea but the incident was in the Scilly Isles.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I think that’s all for now.

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Do you want to sue the Force?

Customer: replied 2 months ago.
I don’t think I can sue the policeman himself.

You need to write a letter, set out your losses and request compensation within 14 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 14 days warning before going to Court.

If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 2 months ago.
That’s great. Will it be obvious what I have to do by way of forms I have to fill in. I assume my GP will back me up but would I need a psychiatrists report?

Correct.

Does that assist?

Jamie-Law and 6 other Law Specialists are ready to help you
Customer: replied 2 months ago.
Thank you very much. I’ll certainly give you five stars.

Thanks

Customer: replied 2 months ago.
Do I have to go to mediation before going to court? If so, how do au find a mediator?

No, you dont have to.

Customer: replied 2 months ago.
I filed my claim electronically on form N1 about six months ago but Devon and Cornwall police said I was taking them to the wrong court/doing it incorrectly and that they would turn up in court and say that which would be upheld by the judge and I should withdraw my claim which I did. What do you think?

I wouldnt until it goes to Court.