Police Section 5 DA04 - Accused of spitting at clamping officer

DailyClicker

HO87 wrote: »

In the strictest interpretation you are correct. However, the fact remains that should the OP be obliged to obtain an Enhanced CRB check (which Australia are entitled to ask for, and do so occasionally - the Rehab of Offenders Act does not apply) then this matter will appear.

I've having an enhanced CRB check done over the next few weeks, so this will show up?

DailyClicker

esmerobbo wrote: »

I see the OP quotes he got a fixed penalty fine, and we have assumed it was a fixed penalty notice. Maybe they were issued a PND. As you can see DA04 is recordable on the PNC.

The list of offences in the PND scheme and the Central Ticket Office
(CTO) reference, are shown below: (for more information click here for
links to the Police National Legal Database)
Penalty Notice of £80 (Offences marked with an * are PNC recordable.)

DA04 Causing Harassment Alarm or Distress (Section 5, Public Order Act 1986)*

What's the difference between the two? I've uploaded the photo in a few posts up

Thanks

anewman

I notice there's a section to sign to accept receipt. What if you treated it like a parcel and added a comment like "under protest" or "the offence did not occur"?

DailyClicker

Coupon-mad wrote: »

Good luck, this seems ridiculous, maybe needing a swift personal visit to the local cop shop with a witness, to speak to the Duty Officer and see if the ticket can be revoked as the 'incident' never happened and a private clamper is not an authority on any matter (indeed their activity is about to be banned).

I have tried, with numerous witnesses but they say they cannot revoke the ticket, even after explaining how they have threatened to make false accusations for the last few weeks.

I get abuse from these clampers on a daily basis for standing up for people's rights. It ranges from direct threats to kill, to assault and harassment, but the Police aren't interested in these criminal offences.

DailyClicker

anewman wrote: »

I notice there's a section to sign to accept receipt. What if you treated it like a parcel and added a comment like "under protest" or "the offence did not occur"?

I've completed the section to ask for a court case, rather than paying the fine.

Torby

Maybe I'm dumb...but how can a police officer issue this without witnessing the offence...if thats the case surely a "counter claim" that the clampett person made sexual suggestions or touched the person innapropriately should merit a similar penalty...God forbid she may even have made a racist remark...

basically what I'm curious about is how this can be issued on the "sayso" of someone else...if thats the case surely we could all call out the police (if you're lucky to get a response) and claim anything and demand a person gets fined....

I would certainly take more "legal" advice on this and if advised correctly...take my chance in court...

DailyClicker

Torby wrote: »

Maybe I'm dumb...but how can a police officer issue this without witnessing the offence...if thats the case surely a "counter claim" that the clampett person made sexual suggestions or touched the person innapropriately should merit a similar penalty...God forbid she may even have made a racist remark...

basically what I'm curious about is how this can be issued on the "sayso" of someone else...if thats the case surely we could all call out the police (if you're lucky to get a response) and claim anything and demand a person gets fined....

I would certainly take more "legal" advice on this and if advised correctly...take my chance in court...

That's exactly the problem!!

Definitely taking it to court, going to post on Pepipoo forums as well for hopefully some legal advice.

Could a false accusation like this, and being featured on the front page of a local newspaper for "spitting" at a clamper count as Deformation of Character?

Stigy

DailyClicker wrote: »

Thanks for your reply.

I did not spit at the clamper, and did not admit the offence as I hadn't done it.

The Police officer, said I had to take the ticket (I've uploaded it above), and I don't have the choice of being arrested, as I'd be issued it in the Police Station after a night locked up.

He only spoke to the clamping officer, did not listen to me, or any of the witnesses.

It was a private road, and I moved my vehicle as soon as requested by the Police, and was not preventing anybody from entering/leaving, as the tow truck did not arrive in the whole three hours of the dispute.

I've made a complaint about the officer in question, but they said it cannot be revoked.

The alternative is usually being arrested unfortunately, and you not admiting the offence could have given the Police Officer grounds to arrest you, so as to enable a prompt investigation of the event via questioning etc. That, or he could have called you in to the station at a later date to be questioned. At worst I'd imagine he would have given you an official police caution as opposed to prosecuting you for the offence.

I think you've done the right thing to be honest, as if you do chose to pay the amount on the ticket, it'll be over and done with.

anewman

This went on the front page of a local newspaper? Slow news day round there then. I presume the clamper went crying to the papers too, presumably to try add some impetus to the charges.

Stigy

I've just realised there's a second page to this one, lol.

Torby wrote: »

Maybe I'm dumb...but how can a police officer issue this without witnessing the offence...if thats the case surely a "counter claim" that the clampett person made sexual suggestions or touched the person innapropriately should merit a similar penalty...God forbid she may even have made a racist remark...

basically what I'm curious about is how this can be issued on the "sayso" of someone else...if thats the case surely we could all call out the police (if you're lucky to get a response) and claim anything and demand a person gets fined....

I would certainly take more "legal" advice on this and if advised correctly...take my chance in court...

The officer or official completing the PND doesn't have to witness the offence, which is why, unless the officer gets a third party witness statement, the alleged offender should admit to their guilt in oder to be eligible for a PND.

DailyClicker wrote: »

I've completed the section to ask for a court case, rather than paying the fine.

That's your right to do so, but I can't help but feel that it could go horribly wrong at court, and you don't want that when applying for a Visa.

anewman wrote: »

I notice there's a section to sign to accept receipt. What if you treated it like a parcel and added a comment like "under protest" or "the offence did not occur"?

Strangely, you're signing for receipt, and not admitting the offence. Kind of defeating the object when you should only be issued with a PND after admitting wrong doing.