Police Section 5 DA04 - Accused of spitting at clamping officer

jkdd77

They wouldn't be able to get a conviction without the clamper giving evidence under oath, and I doubt he would wish to perjure himself, let alone give his name and address and open himself up to a civil suit or (in theory) a private prosecution by the OP.

Even if he did, it's one person's word against another with witnesses all supporting the OPs view- it clearly can't be proven beyond reasonable doubt, especially if the clamper has an obvious motive for lying.

The police officer would only be able to report the details of the complaint, since he was not a witness to the actual alleged (non-existent) offence.

The police and CPS would also face tough questions about why they have ignored the OPs complaints of criminal offences, and sided absolutely with the judges.

In practice, if you 'contest' the PND, I reckon the case will be dropped as the CPS will recognise that there is no realistic prospect of a conviction.

Once the case is dismissed, you can then bring a formal complaint to the Independent Police Complaints Commission about the blatant bias shown by the police and their refusal to investigate blatant criminal offences.

patman99

OP, having read the entire thread, one question springs to mind. Who contracted the clamping company to clamp on the private road?. PPC's can't just turn-up un-invited and start clamping vehicles.
If you and your neighbours can find out who set the contract up, then you can make their life a living hell by billing them for the release fee plus 20% (for your inconvieniance), and threaten them with court if they don't pay. I'm sure they will soon tell the clamping scammers to back-off.

Good luck with the Magistrates, and don't forget to obtain written statements from the witnesses.

anewman

Might be time to buy an angle grinder and share it amongst each other in the street?!

sassy_one

I'm thinking get yourself a solicitor, possible, depending on your income you will get legal aid, if not, seek advice from your local CAB office

DailyClicker

sassy-one wrote: »

I'm thinking get yourself a solicitor, possible, depending on your income you will get legal aid, if not, seek advice from your local CAB office

I have just gone and spoke to a solicitor, who said he would give me all the help I require at no cost, as I'm only a student.

He mentioned I'll be receiving a summons, and that will contain the clampers statement, as well as the Police statement.

I need to gather enough evidence to prove she lied, and then would what has happened count as Defamation of Character? Or even perverting the course of justice?

It's very stressful dealing with these clampers outside my house, and at the end of the road on a daily basis, and not having the support of the Police.

I don't understand how I can be issued with this notice, but when I've been assaulted and received threats to kill by two very well built 40 year olds, and called 999, the Police still put it down as a 'civil' dispute and won't look into it.

I've made a complaint to the Police regarding the officer who issued the notice, but it's more of a wide spread issue with the majority of clampers instantly siding with clampers, even with independant witnesses.

Trading Standards are now helping to get involved, as well as these issues featuring every week on the front page of a local newspaper, and hopefully will result in some convictions like what's been happening up north.

Thanks for all the advice up until now, if anyone has anymore I'd appreciate it

anewman

http://www.argos.co.uk/static/Product/partNumber/7112939/Trail/searchtext%3EGRINDER.htm plus extension cable, plus safety goggles = free clamp removal

DailyClicker

anewman wrote: »

http://www.argos.co.uk/static/Product/partNumber/7112939/Trail/searchtext%3EGRINDER.htm plus extension cable, plus safety goggles = free clamp removal

The Police would no doubt act then if someone tries to remove a clamp.

Probably get arrested for Criminal Damage, Breach of the Peace, and probably numerous other Section 5 Public Order Act offences.

anewman

DailyClicker wrote: »

The Police would no doubt act then if someone tries to remove a clamp.

Probably get arrested for Criminal Damage, Breach of the Peace, and probably numerous other Section 5 Public Order Act offences.

True but if the clampers are nowhere near and the clamp is removed quickly enough, and all evidence removed a conviction is not possible (contrary to the obvious lack of need for evidence by plod shown in this thread though). By the time the clampers get wind of it, they call the police, and the police come, it can all be over

Seems these guys never got caught http://www.dailyecho.co.uk/news/2317095.clamper_tells_of_attack_ordeal/

DailyClicker

Sorry to bring back this topic. A court date has not yet been given as of yet.

I'm about to apply for a Working Holiday visa in Australia, and it asks the following question, which I'm not sure applies to me:

Been charged with any offence that is currently awaiting legal action?

Is being issued with a Penalty Notice for S5 Public Order Act and appealing it and waiting for a court date count as the above statement?

anewman

My point of view is that a penalty notice does not amount to "being charged with any offence". Some more legal bods may have a clearer idea on that though.