Harassment, Stalking, Misconduct Following an Offender a Crime???

[Fobbedoff]

Jurisdiction

Europe

Hi...after an incident of discrimination and harassment of a disabled man (myself) for parking in a "mother and baby "spot in my local Tescos the husband damaged my car by kicking the front wing and spat in my face when I refused to engage in a physical fight. I then followed the vehicle to effect a citizens arrest or attract police assistance and the driver further damaged my wing mirror and scratched my door by kicking it off. They then drove to a Police station (which was closed) and phoned the Police who duly attended.
The Police are saying that I committed an offence by following the vehicle and are saying the whole matter should be settled by "community resolution orders" given to both parties.
They are saying there is no evidence of assault(spitting) although they refused to call forensics to take samples of the saliva splattered on my car window and the driver admitted at the time to causing the criminal damage to my car. Photos of the saliva where taken and I have the evidence bagged up that I collected at the time but the Police dont seem interested in taking the matter forward.
Is this some kind of Joke?.....when did the Police start failing to carry out their obligations to investigate and prosecute crimes? Why are they trying to imply that I have broken the law to try to barter a resolution to much more serious offences committed against me?
Under the Human Rights Act Protocol 1 Article 1 I have the right to "peaceful enjoyment" of my possessions, (my car) and under a recent High Court judgement Police are obligated to investigate and can be sued for failure to do so and I feel that if they continue their current position then that is the route I should take.
Any comments or learned opinions are gratefully received and an independent 3rd party viewpoint would be most welcome.
Many thanks

 

[zddoodah]

Despite the pull-down menu that allows you to select other jurisdictions, these boards are for issues of U.S. law only. That being said...

The Police are saying that I committed an offence by following the vehicle

I don't know what law that might violate, but it certainly was an imprudent action.

They are saying there is no evidence of assault(spitting) although they refused to call forensics to take samples of the saliva splattered on my car window and the driver admitted at the time to causing the criminal damage to my car.

You're joking, right? You expect the police to devote resources to this?

the Police dont seem interested in taking the matter forward.
Is this some kind of Joke?.....when did the Police start failing to carry out their obligations to investigate and prosecute crimes? Why are they trying to imply that I have broken the law to try to barter a resolution to much more serious offences committed against me?

Because (1) you arguably stalked this person, thereby exacerbating the situation, and (2) the police presumably have MUCH higher priority things to deal with. Not every alleged crime requires the police to devote attention to it. I assume that, even in whatever UK country you're in, the police have discretion as to what they do and do not devote their time and resources to.

and under a recent High Court judgement Police are obligated to investigate and can be sued for failure to do so and I feel that if they continue their current position then that is the route I should take.

Then feel free to retain the services of a local attorney.

 

[adjusterjack]

I then followed the vehicle to effect a citizens arrest

Big mistake, Gomer Pyle.

You should have just gotten the license plate number and descriptions. But, no, you just had to engage with a lunatic with predictable outcomes.

.when did the Police start failing to carry out their obligations to investigate and prosecute crimes?

When they got overwhelmed with rapes and murders. Your problem is chump change compared to the crimes that police have to deal with every day.

If you aren't happy with your law enforcement talk to your lawmakers about changing things.

Under the Human Rights Act Protocol 1 Article 1 I have the right to "peaceful enjoyment" of my possessions,

You also have the moral obligation to use common sense when engaging in your daily activities.

under a recent High Court judgement Police are obligated to investigate and can be sued for failure to do so

Then sue them. Good luck with that.

You have the identity of the guy that committed the "offense." Sue him too.

Now that you have had the opportunity to rant about how evil the world is, it's time to put it behind you and get on with your life.

 

[Fobbedoff]

Lol...thanks for the comments to all involved. In the UK we have such a thing as "citizens arrest" which I have every right to follow a perpetrator to secure further evidence and effect an arrest. "The Guy" admitted the criminal damage which totals £1969...$2200?...and the Police have a legal obligation to investigate crime....not pick and choose which they think they have resources to look into. We do not live in a "sue them" society thank god but expect the Police to uphold professional standards and not "shoot first then ask questions" that apply in some parts of the world.

 

[Fobbedoff]

You all seem to want to round on "the little guy" and criticise my actions and validate and enpower the law breakers of society to continue breaking the law at will. As a registered disabled person in the uk I have the right to park where I did..."common sense when engaging in my daily activities"??? Parking my car in a parking spot is not "common sense"...if I spat in your face and did $2200 damage to your car would you be so agreeable? Doubt it if I am being honest....who is Gomer Pyle?...no idea, but if he stood up for his rights and wouldnt be bullied by criminals then he sounds like my kind of guy! Not receiving the level of qualified legal advice I was hoping for so best we leave it there...and I have engaged a solicitor so will rely on his advice in the future....thx to all

 

[Red Kayak]

Hi...after an incident of discrimination and harassment of a disabled man (myself) for parking in a "mother and baby "spot in my local Tescos the husband damaged my car by kicking the front wing and spat in my face when I refused to engage in a physical fight.

So... by "Tescos", does that mean the UK?
So... did you park in a "mother and Baby spot"? Even if there are no handicapped spots available, that's not acceptable if you're not there with a small child; you can still be towed.

I then followed the vehicle to effect a citizens arrest or attract police assistance and the driver further damaged my wing mirror and scratched my door by kicking it off. They then drove to a Police station (which was closed) and phoned the Police who duly attended.
The Police are saying that I committed an offence by following the vehicle and are saying the whole matter should be settled by "community resolution orders" given to both parties.
They are saying there is no evidence of assault(spitting) although they refused to call forensics to take samples of the saliva splattered on my car window and the driver admitted at the time to causing the criminal damage to my car. Photos of the saliva where taken and I have the evidence bagged up that I collected at the time but the Police dont seem interested in taking the matter forward.

Your actions could have landed you in the morgue.

A better use of your time would be to take down the license plate, color and make of car, etc., and report the incident, rather that potentially escalating the situation.

Even if the police were "interested in taking the matter forward", they would be more likely to use CCTV footage than DNA analysis saliva samples. I'd be more concerned about the damage to the mirror and door.

My advice for you, going forward:
1) Stick to parking in designated handicapped parking spaces.
2) Invest in a dash cam.
3) When someone gets aggressive, get in your vehicle, lock the door, and call the emergency number of your choice.

"The Guy" admitted the criminal damage which totals £1969...$2200?...and the Police have a legal obligation to investigate crime....not pick and choose which they think they have resources to look into. We do not live in a "sue them" society thank god but expect the Police to uphold professional standards and not "shoot first then ask questions" that apply in some parts of the world.

I don't know how auto insurance works in the UK, but were I in a similar situation in the USA, I would contact my auto insurance after calling 911.

 

[Fobbedoff]

Thanks for the advice...In the UK handicapped badge holders can park anywhere and the Police have confirmed I was entitled to park there, or anywhere else in the car park. The other party was already parked so I was not infringing on their ability to use that space. As I had just "popped to the shops" I did not have my phone on me to record the behaviour or contact the Police. I did not have a pen or paper to make a note of the registration either and I did lock myself in my car and refused to engage in physical violence as is recommended. To contact my insurance would affect my premiums going forward as a claim is a claim.

 

[Red Kayak]

In the UK handicapped badge holders can park anywhere and the Police have confirmed I was entitled to park there, or anywhere else in the car park.

You "can" park there in the sense that you will not be towed, however you should not park there in the sense that it is a privately owned car park, and you may be fined by Tesco.

Can Blue Badge holders park in parent and child spaces? The rule many get wrong

Blue Badge holders have been fined for parking in some parent and child bays, in one of the most misunderstood rules in UK car parks

uk.news.yahoo.com

To contact my insurance would affect my premiums going forward as a claim is a claim.

As I stated, I don't know how auto insurance works in the UK.

I do know that in the US, it is recommended that you contact your insurer when there's significant damage, even if you are not making a claim. In a case such as this, where the damage is the fault of the other party, your insurance would be interested in the other party's information. Failure to inform your insurer when there's significant damage may result in your policy being cancelled. Informing them is not the same a making a claim.

 

[adjusterjack]

I did not have my phone

I did not have a pen or paper

Who leaves the house without being prepared for the slings and arrows of outrageous fortune?

.who is Gomer Pyle?..

That was an inside joke for my colleagues.

 

[Fobbedoff]

Tescos sub contract parking enforcement to a third party so would not be fining me or anyone else and if push come to shove one of my kids could have met me there so any fine would not have been valid. Yahoo give no examples of people being fined and its not in Tescos interest to be discriminating against disabled people....bad PR. Private parking firms in the uk know that rule is unenforceable so dont even bother trying...although they will fine you if you overstay a minute!
My missus and 2 of my kids have worked there and I know the manager very well as the store is just around the corner and their viewpoint is that it is an advisory notice, not a mandatory requirement.
Who leaves the house without a phone...a 6ft 3 ex bouncer and boxer...thats who!

 

[justblue]

This site is for U.S. law only. As you were told by zddoodah in post #2 hours ago.

 

[Fobbedoff]

And as he also pointed out...the drop down box covers other parts of the world so it is not stated or abundantly clear...perhaps as a Moderator you should get the owner to make it clearer...or take it upon yourself? If its for US law only why are they,r other options available?

 

[justblue]

And as he also pointed out...the drop down box covers other parts of the world so it is not stated or abundantly clear...perhaps as a Moderator you should get the owner to make it clearer...or take it upon yourself? If its for US law only why are they,r other options available?

The other options are part of the site software.

If one uses their common sense, one will realize that it is really unlikely that an advice site can provide legal guidance for EVERY country.
Also, if one bothered to look around the site for a few minutes, it is very obvious that this is a US site only.
You can find a UK site by doing a google search.

Have a great day and stay cool!