Criminal Damage Investigation - Need your help!

[russ.will]

You say you are a rugby coach, does that include minor's if so would this caution show up on a CRB check?

Yes and yes, although they only DBS check you once. I will, as a matter of course speak to the club. Bear in mind members regularly don't get banned for punching each other and I've seen both on and off the pitch....

I fear it does end there... unless the police have already served a Notice of Intended Prosecution on him.

GC

I was advised by both the solicitor and policeman there is nothing to stop me lodging a complaint to be investigated.

Really? He watched a video of someone repeatedly driving a van into you and his reaction was to call you in to caution you for getting all shouty and touching said precious van? And not even consider charging the driver unless you request it, despite seeing the video evidence? You should have been called in as a witness to his careless or dangerous driving charge.

We have a very different idea of what makes someone a top copper.

I believe if a complaint is made, then they have to investigate. That goes both ways and now effectively, I do have his dashcam footage.

What I am learning is that you will get as many differing opinions on what I should have done, as there are people asked. Given the options laid out before me at the time, I've simply taken the path of least resistance with the least impact on me in the long term both in terms of a record and financially with respect to the public order offence.

The criminal damage aspect is yet to be decided. This is a story in progress still.

Russell

 

[bobinski]

Yes and yes, although they only DBS check you once. I will, as a matter of course speak to the club. Bear in mind members regularly don't get banned for punching each other and I've seen both on and off the pitch....

I was advised by both the solicitor and policeman there is nothing to stop me lodging a complaint to be investigated.

I believe if a complaint is made, then they have to investigate. That goes both ways and now effectively, I do have his dashcam footage.

What I am learning is that you will get as many differing opinions on what I should have done, as there are people asked. Given the options laid out before me at the time, I've simply taken the path of least resistance with the least impact on me in the long term both in terms of a record and financially with respect to the public order offence.

The criminal damage aspect is yet to be decided. This is a story in progress still.

Russell

You have the dashcam footage? -it is normally only disclosed on charge and even then often after some delay.

Normally a complaint in itself is not enough and a statement from you is required. In my experience police officers do not rely on what you said in interview as evidence of a complaint. But i deal with the Met and different fpolice forces have different protocols.

If you have already accepted a caution-and i can understand why you would because after all it is your decision-then it should be/have been on understanding the criminal damage allegation falls away.

 

[suzeworld]

What is shocking is that a driver has gone to the police complained about a cyclist hitting his van. Instead of them questioning his passing distance, instead they want to investigate the "damage" to the vehicle from a close pass.

Is there anybody below cyclists in this pecking order?

Soooooo true - my missis was knocked off by a total cock-womble who was parked outside a school and started to move while my missis was passing the vehicle .. which might have been manageable, but she then turned immediately RIGHT and took my wife with her round the bend ... and of course this is all my wife's fault Driver just keeps saying she was indicating -- and she has since lodged a huge personal injury claim and two false claims of harrassment against my wife (cos they share a commute route). Bloody awful ...

So police advice is change your route and get a camera -- like we all have to be living in a a bloody reality TV show -- hopping mad, honestly.

 

[Lozz360]

Bear in mind members regularly don't get banned for punching each other and I've seen both on and off the pitch....
Russell

All due respect that's not really relevant. By taking part in a game of Rugby you are consenting to being assaulted (you wouldn't be allowed to rugby tackle someone on the high street for instance). As for "off the pitch..." if the victim doesn't report it, it doesn't figure as a crime.

 

[russ.will]

Update. As it currently stands I stand to get a caution for Section 4 public order offence (no argument there) and criminal damage. The estimate for the criminal damage (I asked for three quotes and pictorial evidence) has come in at £250.

Now, the 'damage' is just in front of the rear wheel arch of his vehicle. I did not and cannot have done that damage with my hand, which was what I hit his vehicle with. However, to contest this, is to go to court on both counts and as I am clearly guilty of the former, it will cost me more and I WILL end up with a criminal record. Even with my witness that would back me up on the criminal damage issue; it's not worth it.

I have just calculated that £250 in coppers will weigh 13st and I'm not prepared to carry that. Answers on a postcard as to how to make it as unpalatable as [legally] possible...

Russell

 

[vickster]

5p pieces even more useless and annoying...especially if accidentally dropped

 

[classic33]

Update. As it currently stands I stand to get a caution for Section 4 public order offence (no argument there) and criminal damage. The estimate for the criminal damage (I asked for three quotes and pictorial evidence) has come in at £250.

Now, the 'damage' is just in front of the rear wheel arch of his vehicle. I did not and cannot have done that damage with my hand, which was what I hit his vehicle with. However, to contest this, is to go to court on both counts and as I am clearly guilty of the former, it will cost me more and I WILL end up with a criminal record. Even with my witness that would back me up on the criminal damage issue; it's not worth it.

I have just calculated that £250 in coppers will weigh 13st and I'm not prepared to carry that. Answers on a postcard as to how to make it as unpalatable as [legally] possible...

Russell

How far do you have to take it, distance wise?

 

[NorthernDave]

Paying by coins, it seems you'd have to take 250 £1 coins...

http://www.royalmint.com/help/help/legal-tender-amounts

That would still be quite a pain for him to deal with though.

 

[Deleted member 26715]

Not that I understand the law & how silly it is at times, but this does seem grossly stupid this time. I think you need to take @User's advice here & get proper legal counsel

 

[Goggs]

Is there something you're not telling us? I can only assume there is because I'd be damned if I would accept their Caution. Have your day in court man.

 

[classic33]

How about this?

or 250 of these

 

[Pale Rider]

Follow the evidence.

The dash cam footage of the OP bellowing at the injured party makes out the section 4 public order offence for which he is being offered a caution.

The OP's statement makes out the same offence.

There is no realistic way of successfully undoing the statement, let alone the footage.

If the OP tries, the police will simply say 'sod it, have a charge, and argue it in front of the magistrates'.

Barmy decisions by magistrates are not unknown, but it would be reckless to the point of stupid to go to trial with what the OP has.

 

[classic33]

The only thing not matching up is the damage, done near the wheel arch.

Nearly every cyclist can appreciate that a wheel arch could have you off the bike.

 

[Willam]

Follow the evidence.

The dash cam footage of the OP bellowing at the injured party makes out the section 4 public order offence for which he is being offered a caution.

The OP's statement makes out the same offence.

There is no realistic way of successfully undoing the statement, let alone the footage.

If the OP tries, the police will simply say 'sod it, have a charge, and argue it in front of the magistrates'.

Barmy decisions by magistrates are not unknown, but it would be reckless to the point of stupid to go to trial with what the OP has.

The "injured party" wasn't injured until he nearly hit the bike, and the police according to the OP agree they could take action on the driver, that''s following the evidence.

The OP making a statement that goes against the video evidence, imo would not be taken as evidence of a crime.

 

[Lozz360]

How about this?
View attachment 148185
View attachment 148185
View attachment 148186
or 250 of these
View attachment 148189

Although Scottish notes are mostly accepted south of the border, they can be refused as they are not legal tender. Paying £250 in, say 5p pieces, would have to be accepted as it would be legal tender.