Advice against the police over false evidence!!

[andydd]

I'm afraid your post comes across as something of a rant and is typical of neighbourhood disputes.

 

As mentioned above, some of the points are questionable, clearly the phone records do not prove anything, you could make a call and then go elsewhere, its not definitive proof.

 

What is the outcome you require ?. What are you trying to achieve here ?

[Ganymede]

I'm trying to clear my name and to show to the police that this couple repeatedly lied.

 

The fact she also lied during her interview under caution, and the police wont except the evidence put forward to show this I find horrendous.

 

What proof do you have that she lied?

 

It clearly states that it is a criminal offence to give missleading information to the police.

 

Yes but it needs to be proven and in the public interest to prosecute.

They clearly stated the dates and times I was allegdged to have shouted abuse, I was otherwise engaged talking on the telephone at the time, I just feel very very angry the police wont accept the evidence put forward to show this couple lied and lied.

 

As Steam said, this proves nothing. Say you were on the phone at 16:25 for 10 minutes you could have been abusive immediately before and afterwards.

 

At the end of the day, an asbo was slapped on me because this couple lied and nobody wants to know or listen to me.

 

Nobody is calling you a liar but there are always two sides to every story and are you sure you have been whiter than white yourself throughout all this?

 

Justice in this country bloody stinks!!

 

 

 

Thanks.

[Lucky7even]

Thanks.

 

In her interview under caution when I complained of death threats, she claimed not to have seen me on the day in question.

 

She made a statement against me the day before, saying she did see me!!

 

I have raised this with the police who have said they will not re-arrest her, even though she has basically committed the offence of perverting the course of justice.

 

I have a number of BT phone bills which clearly show I was on the phone for a lengthy time. I showed the phone bills to the police who have dismissed them saying "someone else was making the call whilst you were free to carry out the acts as described".

 

I objected to this as I was in the house on my own my partner being at work.

 

Also one statement the old man claimed he had been forced to put up a blind as I was standing and staring into their windows.

 

I have a photograph to show this statement was a lie as he had put up the blinds 2 years earlier the photograph has the dated printed on it to show this.

 

Again the police did not acknowledge this photograph.

 

I have not done anything wrong to this old couple, I have NEVER shouted or sworn at them and in fact I refused pojnt blank to speak to them, they spread horrendous gossip that I was a witch along with other allegations that they were making.

 

I tried to be a good neighbour but when the old woman put in her statement "to be honest I didnt like her straightaway", that says to me she had it in for me the minute she met me so I didnt stand a chance!!

[steampowered]

At the end of the day, an asbo was slapped on me because this couple lied and nobody wants to know or listen to me.

 

Right - so this is the root of the problem and your discontent. ASBOs can only be applied for by local authorities, not by the police. Presumably you had a chance to defend yourself in the Magistrates Court.

 

Unfortunately it is a feature of the 'rough and ready' kind of justice used for low-level offences that absolute proof is not required. The police, local authorities and courts have a very difficult job to do in trying to fight low-level criminal and anti-social behaviour while also being proportionate.

 

I have raised this with the police who have said they will not re-arrest her, even though she has basically committed the offence of perverting the course of justice.

The police can't re-arrest her on the basis of no evidence.

 

It sucks but I think you might need let this one go. It doesn't sound like that you have any real evidence to back up what you are saying.

[Ganymede]

In her interview under caution when I complained of death threats, she claimed not to have seen me on the day in question.

 

She made a statement against me the day before, saying she did see me!!

 

I have raised this with the police who have said they will not re-arrest her, even though she has basically committed the offence of perverting the course of justice.

 

I have a number of BT phone bills which clearly show I was on the phone for a lengthy time. I showed the phone bills to the police who have dismissed them saying "someone else was making the call whilst you were free to carry out the acts as described".

 

I objected to this as I was in the house on my own my partner being at work.

 

Also one statement the old man claimed he had been forced to put up a blind as I was standing and staring into their windows.

 

I have a photograph to show this statement was a lie as he had put up the blinds 2 years earlier the photograph has the dated printed on it to show this.

 

Again the police did not acknowledge this photograph.

 

I have not done anything wrong to this old couple, I have NEVER shouted or sworn at them and in fact I refused pojnt blank to speak to them, they spread horrendous gossip that I was a witch along with other allegations that they were making.

 

I tried to be a good neighbour but when the old woman put in her statement "to be honest I didnt like her straightaway", that says to me she had it in for me the minute she met me so I didnt stand a chance!!

 

 

 

 

Thank you for replying.

 

I can understand your frustrations but I'm still not convinced you have any objective proof. Sounds likt a typical tit-for-tat neighbour dispute.

[Lucky7even]

Yes it was a tit for tat dispute, but when the council sided with the old couple I had no chance.

 

I have just sent a lengthy email to my local MP and asking for their advice.

 

Lets see what happens then if she will get involved!!

[mjt2013]

By all means pursue this with the MP but, to be honest, it just sounds like you need to let this go because the stress of taking it further is unlikely to be rewarded.

[steampowered]

Many years ago, when I was still living at home, my parents were involved in a petty dispute with an elderly couple. I don't even remember what started it - probably something to do with one of them blocking the neighbours' driveway for 10minutes while a friend visited or something like that. My parents really let it get to them because they kept trying to 'win' the dispute when really there are no winners, only losers. It caused them untold stress for years and really dampened their mood during that time. The elderly couple were absolute idiots admittedly, but there is nothing that could have been done about it.

 

Its unfortunate that the local authority have decided to go for an ASBO here. But really its not the end of the world and is pretty meaningless. Getting ASBO is not a crime and doesn't require the criminal burden of proof.

 

I don't think you are going to achieve anything here. The MP has no ability to stop this couple behaving as they do and neither do the police. I cannot see any good outcome here; I can only see massive stress and lots of wasted time. My advice to you is to try and let the feelings of unfairness go and get on with your life as best you can, while having as little to do with the neighbours as possible. None of this dispute really matters.

[andydd]

There has been two stories, one in the national and one in my local press about petty disputes between over a few inches of land that have escalted into court battles costing £100's of thousands, the local story was rather sad, an elderly lady has now had her home of many decades repossessed to pay legal bills and neither side has achieved anything but no doubt lawyers have got very rich

[Lucky7even]

I went to the IPCC middle of last year with a list of grievances against Hampshire Police.

 

The IPCC agreed to upheld my complaint.

 

The police refused.

 

I appealed against ther police's decision.

 

My main concerned was that in 2010, the police hounded me for an ASBO.

 

I have some serious concerns that some of the statements taken from my elderly neighbours were false; I had shown them BT phone bills and photographs to prove this.

 

I also shown evidence that the old woman had lied in her interview under caution. Police refused my evidence!!

 

I have an appeal going with the appeals officer at professional standards.

 

I am very frustrated because it has been with the appeals officer 8 weeks; I have been asking for an update and they refuse to cooperate.

 

I have been advise to apply for a judicial review; how does one go about this or what other action can I take against the police for refusing evidence to show that false statements were made?

 

Thanks!!

[Ganymede]

You should really keep this to your original thread.

 

What solid evidence do you have that the witness statements are false?

 

You say phone bills but all that proves is the phone was in use by someone. You could have done something either side of the phone call.

 

Judicial review is a very complicated, long and expense process and probably beyond the help of anyone on here. If you are serious about it you need professional legal advice.

[AndyOrch]

Threads merged for continuity.

 

Regards

 

Andy

[Bazooka Boo]

If it was any other police force, even the Met, I'd say stick to your guns and go all the way, but this is hants plod, they are very good at covering up their mistakes and even better at turning the tables.

 

Keep on at the PSD for an answer, but do not be at all surprised when they side with plod.

This is like pushing water uphill, IMO let it go, learn from it, keep your friends close, but keep your enemies closer.

[Lucky7even]

PSD wont give me a response all they keep saying its with the appeals officer.

 

I am looking into taking legal action anyway and suing over a number of factors including wrongful arrest, and police harassment.

 

I have no respect for the police at all and think they are all bent!!

[porkyp1g]

That's a bit of sweeping statement based on your own single experience. Are you really saying that none of them are interesting in pursuing fair and honest justice....tripe!

[Ganymede]

PSD wont give me a response all they keep saying its with the appeals officer.

 

I am looking into taking legal action anyway and suing over a number of factors including wrongful arrest, and police harassment.

 

I have no respect for the police at all and think they are all bent!!

 

 

 

Good luck with that.

 

I would suggest you find a fully qualified and insured law firm to help you.

[mjt2013]

Yes, I'm not sure what purpose this thread really serves as the OP just seems to be venting.

[BazzaS]

I was involved in a neighbour dispute with an old couple next door.

 

This went on for 12 years.

 

This same couple kept going to the police and were making endless statements (mostly their word against mine).

 

I have evidence to prove this elderly couple lied across a number of statements.

 

The old girl had also been arrested for death threats and had also lied during her subsequent interview under caution.

 

The evidence has been put forward to Professional Standards Department.

 

In his final report, the Chief Inspector failed to mention about a photograph I had shown him which had clearly shown that the elderly couple lied on 1 statement.

 

He also dismissed my bt phone bills which had proven I was unable to shout abuse out of the bedroom window on key dates and times.

 

I also have a diary which I had kept for 8 years which shows I was on the phone.

 

He dismissed my phone bills saying "someone else was making the call and you were free to carry out those acts as described".

 

This is not the case as I was home alone during the day with my partner being at work.

 

I find it shocking that the police seem to have encouraged this couple to tell lies.

 

I am waiting for the appeals officer to get back in touch with a final decision, but I am not hopeful.

 

I understand I would then have to go to a judicial review.

 

How do I do this and will it cost me money?

 

By all means pursue your complaint, but take expert professional advice before commencing judicial review.

 

Does it have to be judicial review?. Would you (instead) have any case for negligence (what harm are you saying you have suffered ?)

 

Judicial review of police action : you need to show not that they were merely wrong, but that their actions were an affront to justice that no chief officer of police would allow.

The key case law is "Hill", as cited and developed in "Brooks" : http://www.publications.parliament.uk/pa/ld200405/ldjudgmt/jd050421/brooks-1.htm

 

If Duwayne Brooks didn't succeed. : you'd need a very strong case.

 

Steyn LJ cites Keith LJ (from Hill)

"It is only if his decision upon such matters is such as no reasonable chief officer of police would arrive at that someone with an interest to do so may be in a position to have recourse to judicial review. So the common law, while laying upon chief officers of police an obligation to enforce the law, makes no specific requirements as to the manner in which the obligation is to be discharged. That is not a situation where there can readily be inferred an intention of the common law to create a duty towards individual members of the public."

[andydd]

My local paper has story about some local residents who want to pursue a judicial review about a planning matter and they think they need to raise £30,000 minumum. cases like this only have one winner..the solicitors/barrristers !

[mjt2013]

In the words of Private Frazer, that's two.

[Lucky7even]

To cut a long story short I was involved in a nasty neighbour dispute with an old couple next door.

 

The neighbour made endless complaints about me to the police and council.

 

My elderly neighbour said in a police statement in 2008 "to be honest I didn't like her straightaway and I thought she was weird".

 

Then in the same statement she said she was aware I had mental health problems!!

 

The neighbour admitted during a court trial in 2010 that they couldnt afford an injunction which is why they pressured the local authority to take the asbo out!!

 

When I got the initial summons through, I was under adult mental health and being treated for clinical depression. I was also registered disabled.

 

The council also failed to follow its guidelines and procedures when they applied for the asbo; I should have been given a verbal warning, then various written warnings, my barrister argued this in court, but I lost.

 

I am also now banned from social housing as a result, so if I split up with my partner, I cant claim any social housing because of the conviction??

 

Any advice here please!!

[Ganymede]

Is this connected to another thread of yours?

[Lucky7even]

In July 2010, I had to find a solicitor after receiving a summons from the local authority.

 

I instructed this solicitor because I had worked with her previously.

 

As she was too busy, she passed my file on to an advocate to deal with.

 

During my many meetings with this person, he had repeatedly refused my instructions.

 

I asked them to write to the council to trial and settle out of court; he refused.

 

I also asked him to write to the council and argue that they hadnt followed their guidelines and procedures, he refused.

 

I asked them to argue that the evidence was over 6 months old and should be classed as too old, he refused.

 

He also refused to write to the council when I made him aware that the elderly complaint had lied repeatedly across 5 statements, he refused.

 

I had a witness present each time who can verify this.

 

I couldn't change solicitors by then as their fees had been paid.

 

Each time he refused my instructions he kept saying "WE WILL ARGUE THIS IN COURT".

 

They sat on the paperwork for 4 months, and I feel that they could have done a lot more work for the money that they charged me.

 

In total it was £7000 legal fees.

 

Well, I lost going to court, and the council's barrister told my mother that I lost due to being no defence!!??

 

The solicitors also charged me for meetings which had not occurred, charged me for 11 letters I did not receive.

 

I have complained of this to the Legal Ombudsman who has said the firm has done nothing wrong, and that they refused to investigate the bill!!

 

Do I have a claim for profesionnal negligence?

[Ganymede]

Is this connected to your other thread?

 

Did your solicitor ever give any further detail as to why they didn't recommend making an offer to settle etc? Also what did you mean that your file was passed to an "advocate"?

[Lucky7even]

It was passed onto another member of staff whom they call advocates in solicitors firms.

 

He repeatedly refused point blank to write to the council on any matter.

 

I have also since written to the firm asking for a complete copy of my file which I am entitled to, they have ignored my request!!