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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice.
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Jo I'm a 63 year old woman with arthritis/hip replacement

Customer Question

Hi Jo I'm a 63 year old woman with arthritis/hip replacement and my husband is registered disabled - he only has 40% lung function, COPD and Asthma. Last Tuesday 23rd June we were at lights near Chorley when a transit van pulled beside us.Once the lights changed he started to play games trying to cut us up/drive us off the road so we dropped back. We have a nice new shiny Viper `green Scirroco and this sort of thing is a common occurence. however, as further down the roas we reached traffic lights he slowed almost to a stop to annoy us. Then he took a right lane to turn. The lights were on red and he was looking at us laughing maniacally and making kissing gestures to me. He was in his early 20s and looked quite mad. We decided to get his number as we could see where he had turned in. We talked and decided that as he really didn't seem fit to be on the road that a telling off might make him rethink about putting other peole's life in danger, We have done this once before when the behaviour was sever. We turned round and drove back to where we could see the van was parked up - in front of a large photo studio (Blink Photo) We said we would just slow down, I would take the number and then drive away saying nothing. However - as we drove round the man was waiting (he must have seen us drive by the building) with two of young his friends. Unfortunately the way out was blocked and my husband had the prospect of trying to turn round. The man started to lean on the car acting like a gangster and asking (through our open windows) what was our problem. As my husband turned the car round he was harrassing us continually, trying to block the car while his mates watched in support.When the car was turned round he came to my window and I said 'I've got your number and I'm reporting you, please let us leave. He lunged right in my window, catching my breast and I screamed for my husband. he started to try to drive away and the man hung onto my upper arm, badly bruising it in the process. he looked quite mad and I didn't know if he had a knife or weapon or what would happen next. Gary (my husband) continued to drive to try to leave and the man lost his grip on me and held onto the window support. Then he more or less threw himself away from the car and fell down. We paused to see if he was OK and he was getting up as I looked in my side mirror. I was terrified and in tears. Then - as we drove around to the exit to the main road all three were lined up across the road. One appeared to me holding a weapon of some kind. gary couldn't get out as he is ill and the only way to protect ourselves was to continue through them which we did without harming them. All the time they were kicking and hitting the car - there were scuff marks and a dent. We went to Leyland PS to report this as Gar hadn't got his phone with him. The following evening a PC visited us and said the man in question had rung the police. He had a statement and some photographs showing grazes where he said we had 'run him over' as he was trying to talk with us. I've had to go to the doctors for treatment and ring the police to ask why no-one recorded my injuries? Someone came out and took a photo of me and said the PC on our case was off until the end of July and that the man who attacked me had an independent witness for his side of the story. There was no mention of the other two mean who attacked the car and blocked our way and there was, in fact, no-one else there! They all work for 'Blink Photo'and the PC said he had a good job with them. My OH actually worked with them when he was doing a photography degree a few years ago - but before they moved to these larger premises. I am traumatised and this has been compounded 10fold by the fact that they are treating us as the guilty party as the man who attacked me rang up first. My husband has also had to go to the doctor's as stress can impact on his health.
Submitted: 2 years ago.
Category: UK Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.
If it is right that we are being viewed as the guilty party because the other man rang up first? If it is right that he gets an incident number and we haven't. If it is right that he has given a statement and we haven't.
Customer: replied 2 years ago.
I have to urgently go out now. My husband is being taken il.
Expert:  Jo C. replied 2 years ago.
Yes, that is the way our system works. It can be grossly unfair as obviously some people abuse it. But generally speaking the person who makes the report first becomes the victim.
Sometimes people with a long history of making allegations or other association with the police are aware of this and exploit it and forestall complaints about their own behaviour by making a report first.
That is why actually despite what you read in the papers some victims are actually not very nice.
The problem is that I'm not sure how it can be improved upon. We live in a world where crime must be reported. That will give rise to some false, exaggerated, mistaken or self serving complaints.
To be wholly honest, I have been involved in criminal law in one form or another most of my working life and it is my long standing view that victims are generally just next week's defendant. Most low level crime is just the type of thing that happens to us all regularly and we don't report it because we don't keep the police on speed dial, fondly ***** ***** they have better things to do than deal with trivia. If we only knew the mindless trivia that some people, usually non contributing members of society with a long history of abuse, think they can report!
If the public had any idea of the quality of most instances of what we euphemistically call domestic abuse there would be an outcry about the amount of money that is wasted upon the issue. Also, if they were aware of the volume of false allegations of rape there would be a bit of uproar too.
It isn't particularly fair but it is the position. Sometimes allegations are false.
Can I clarify anything for you?
Customer: replied 2 years ago.
There is nothing that needs clarifying. You have merely confirmed what I already know. From past experience I know that " In England, justice is open to all, like the Ritz Hotel". You haven't given me any guide as to the procedural requirements of the police as regards ***** ***** But I do really appreciate the fact that you openly admit that the system is failing as regards ***** ***** of society. I am not a 'flog 'em hang 'em' person at all and my motives are generally altruistic. I have in the past, in my village, helped a few youngsters to be good citizens and I always think everyone should have second chances. But I am now a victim and someone is so cynical and aware of the system that they paint my husband and I as aggressors? I'm sorry you had no answers. In actual fact, in this day and age, there aren't any, are there? It's all about how smart you are to screw the system and the only winners are the lawyers and barristers? Patx
Expert:  Jo C. replied 2 years ago.
Good luck with this.