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FF68 |
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 FF68 Trackday Trickster
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 Easy-X Super Spammer

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FF68 |
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 FF68 Trackday Trickster
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Ste |
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 Ste Not Work Safe

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Hetzer |
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 Hetzer Super Spammer

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FF68 |
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 FF68 Trackday Trickster
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Ste |
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 Ste Not Work Safe

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FF68 |
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 FF68 Trackday Trickster
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Ste |
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 Ste Not Work Safe

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FF68 |
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 FF68 Trackday Trickster
Joined: 06 May 2025 Karma :   
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 Posted: 17:19 - 19 Aug 2025 Post subject: |
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Ste wrote: | FF68 wrote: | I really don't see how |
Public Order Act 1986, section 4, fear or provocation of violence.
A person is guilty of an offence if he—
(a) uses towards another person threatening, abusive or insulting words or behaviour, or
(b) distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting,
with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.
https://www.legislation.gov.uk/ukpga/1986/64/section/4
That's how.
Have you seen the video yourself? |
Well I will take all this up with my solicitor if they proceed and charge me with this b/s but:
a) I didn't threaten anyone or show any signs of aggression or violence. I was just concerned and wanting to ask questions and get answers.
b) The other person had no reason to put his hands on me and throw me on the floor. That was "actual" physical assault and it was his choice to do that, unprovoked, based on his own stupid assessment of the situation in his own head.
c) If I felt in fear of violence, the first thing I would do is back off or run away if I didn't want any trouble. The last thing I would do is attack the person I was "allegedly" scared of.
Yes I've seen his 2 minute footage and it proves my point. He had no reason to put his hands on me and "he" approached me first filming me on his phone. All I was doing was talking to (trying to) the people in the strange car and trying to find out who they were and what they were doing in a residents only car park. ____________________ Honda H100s. Aprilia RS125. Honda CBR600RR. Aprilia RSVR1000. |
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sickpup |
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 sickpup Old Timer

Joined: 21 Apr 2004 Karma :     
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 Posted: 06:42 - 20 Aug 2025 Post subject: |
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I find the best way to get people to understand their actions is to look at it from the other persons perspective.
So you parked in a car park and nipped inside to see a mate, a couple of your mates stayed in the car in case of any problems, bit of a dodgy area.
Your mates messaged you to get back to the car, that someone was banging on the windows kind of aggressively.
You head back to the car and take your phone out to record as you know people will lie to the Police. As you approach the car the man angrily comes towards you pointing his finger and swearing, you don't know exactly what was said, just the body language.
As you get closer to the car the man comes closer still in an aggressive fashion so you put your hand on his chest, just below his neck and push back as hard as you can taking him off his feet without leaving a specific injury such as a punch would, a purely defence move.
Back to you, there is absolutely no way the man who pushed you down could be charged with assault, it was by your own description purely self-defence. I know this, a few years ago I was the man who put you down.
I warned the person to back off several times, he didn't, he got closer, he went down.
Time to swallow your pride and accept you were in the wrong. |
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FF68 |
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 FF68 Trackday Trickster
Joined: 06 May 2025 Karma :   
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 Posted: 08:10 - 20 Aug 2025 Post subject: |
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sickpup wrote: | I find the best way to get people to understand their actions is to look at it from the other persons perspective.
So you parked in a car park and nipped inside to see a mate, a couple of your mates stayed in the car in case of any problems, bit of a dodgy area.
Your mates messaged you to get back to the car, that someone was banging on the windows kind of aggressively.
You head back to the car and take your phone out to record as you know people will lie to the Police. As you approach the car the man angrily comes towards you pointing his finger and swearing, you don't know exactly what was said, just the body language.
As you get closer to the car the man comes closer still in an aggressive fashion so you put your hand on his chest, just below his neck and push back as hard as you can taking him off his feet without leaving a specific injury such as a punch would, a purely defence move.
Back to you, there is absolutely no way the man who pushed you down could be charged with assault, it was by your own description purely self-defence. I know this, a few years ago I was the man who put you down.
I warned the person to back off several times, he didn't, he got closer, he went down.
Time to swallow your pride and accept you were in the wrong. |
I'm doing my best to see things from your perspective but I just can't get my head around that viewpoint to be honest. I appreciate your response though as it's more stuff for me to discuss with my solicitor if I actually get charged with Public Order/Common Assault. ____________________ Honda H100s. Aprilia RS125. Honda CBR600RR. Aprilia RSVR1000. |
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sickpup |
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 sickpup Old Timer

Joined: 21 Apr 2004 Karma :     
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A100man |
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 A100man World Chat Champion

Joined: 19 Aug 2013 Karma :   
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 Posted: 10:12 - 21 Aug 2025 Post subject: |
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FF68 wrote: |
I'm doing my best to see things from your perspective but I just can't get my head around that viewpoint to be honest. I appreciate your response though as it's more stuff for me to discuss with my solicitor if I actually get charged with Public Order/Common Assault. |
From your side it seems very unfair and I understand your annoyance however as has been said many times, a lawyer will be needed to get the best out of this situation. Often the kids know exactly what they can get away with and know the law better than 'us'. ____________________ Now: A100, GT250A, XJ598, FZ750
Then: Fizz, RS200, KL250, XJ550, Laverda Alpina, XJ600, FZS600 |
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FF68 |
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 FF68 Trackday Trickster
Joined: 06 May 2025 Karma :   
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 Posted: 11:07 - 07 Oct 2025 Post subject: |
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Quick update for anyone that's interested.
The CPS charged me with 2 accounts of assault over this incident a few weeks ago and I went to court on Monday this week to face those charges. Plead not guilty, obviously...because I strongly believe I didn't do anything wrong, so now I've got a trial upcoming in Feb next year and my stress levels have gone through the roof.
My solicitor has talked me through what he thinks might happen and his view is that a custodial sentence is unlikely even if the Judge decides I'm guilty of an offence, but he has also warned me that getting sent down for a stretch can't be ruled out
Never in my wildest imagination did I ever think people could be sent to prison just for saying a few swear words and being a concerned resident actively in charge of a neighbourhood watch scheme. ____________________ Honda H100s. Aprilia RS125. Honda CBR600RR. Aprilia RSVR1000. |
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Ste |
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 Ste Not Work Safe

Joined: 01 Sep 2002 Karma :    
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FF68 |
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 FF68 Trackday Trickster
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Ste |
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 Ste Not Work Safe

Joined: 01 Sep 2002 Karma :    
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 Posted: 13:44 - 07 Oct 2025 Post subject: |
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FF68 wrote: | He wouldn't say what he thought was the best thing to do. |
That's the very point you want them to advise you on. Your solicitor can assess the evidence and because they understand the laws they will know what the strengths and weaknesses are in that evidence. They can identify the potential defences that your barrister can put forward when representing you in court.
FF68 wrote: | It was 100% my decision with no influence from anyone. |
You need professional advice from legal counsel who have the right expertise and experience so that your future is protected. The prosecution have video evidence of you committing the alleged offences.
FF68 wrote: | Basically a guilty/not guilty plea boils down to 2 things.
1) A lesser sentence for admitting you did something wrong before it goes to trial.
2) A greater sentence for lying and wasting courts time if you are found guilty of the charge. |
No.
The opportunity for admitting you did something wrong before it goes to trial happens at the point you were charged if you were the offered an out of court resolution.
FF68 wrote: | In my case it was a no-brainer choice as I'm not going to plead guilty to something when I know/believe I'm 100% innocent. If that means I get a harsher judgement if found guilty...so be it. |
The video evidence says otherwise even if your solicitor won't give you advice on how to protect your future.
It's more than just you saying a few swear words as being a concerned resident actively in charge of a neighbourhood watch scheme is in no way a defence for committing assault.
This is one big shit show and your legal counsel aren't being very useful.
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FF68 |
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 FF68 Trackday Trickster
Joined: 06 May 2025 Karma :   
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 Posted: 14:01 - 07 Oct 2025 Post subject: |
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Ste wrote: |
This is one big shit show
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That's for sure!! This is a proper headfook nightmare for me but I'll stick to my guns and see what happens at the trial in Feb and just tell the truth  ____________________ Honda H100s. Aprilia RS125. Honda CBR600RR. Aprilia RSVR1000. |
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Ste |
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 Ste Not Work Safe

Joined: 01 Sep 2002 Karma :    
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 Posted: 14:49 - 07 Oct 2025 Post subject: |
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In my layman's opinion you need to introduce an element of doubt into the case. What's on video is indisputable but what happened before they started recording could be key and for the prosecution to prove that beyond reasonable doubt will be tricky.
You were scared and that's why you behaved the way you did. You confronted them because your didn't want your property to be damaged or stolen. Just the previous night you had witnessed people behaving suspiciously looking around vehicles in the private carpark who ran off when confronted, I presume you were hoping these people would also leave the area when confronted.
The way the "driver of the car appeared out of nowhere" only increased your fear because at that point you were no longer just concerned about damage to property but you were scared for your own safety and that's when things escalated. You recognise that what's shown on video put you in a bad light but that video doesn't show the whole story.
If when you confronted the people in the car you think you saw one of them reaching towards the door pockets then it's not unreasonable to have thought that weapons could be involved.
Of course all of the above would fall apart if it transpires that the driver was carrying a food delivery bag and had been delivering pizza to your neighbours.
None of this should be taken as legal advice and you should not lie in court however it's on the prosecution to prove beyond reasonable doubt. You'll be wasting your time and the courts time if you try to dispute what's shown on video but what happened prior to that can't be proved.
Go find yourself the best solicitor, ffs I'm better than the solicitor who's been representing your interests so far and I'm not even a solicitor. Get a good solicitor and let them build your defence. You're a good citizen who didn't want to become a victim of crime or for any of your neighbours to become victims of crime, you were scared and that's why you acted the way you did. |
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FF68 |
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 FF68 Trackday Trickster
Joined: 06 May 2025 Karma :   
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 Posted: 19:28 - 07 Oct 2025 Post subject: |
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Ste wrote: | In my layman's opinion you need to introduce an element of doubt into the case. What's on video is indisputable but what happened before they started recording could be key and for the prosecution to prove that beyond reasonable doubt will be tricky.
You were scared and that's why you behaved the way you did. You confronted them because your didn't want your property to be damaged or stolen. Just the previous night you had witnessed people behaving suspiciously looking around vehicles in the private carpark who ran off when confronted, I presume you were hoping these people would also leave the area when confronted.
The way the "driver of the car appeared out of nowhere" only increased your fear because at that point you were no longer just concerned about damage to property but you were scared for your own safety and that's when things escalated. You recognise that what's shown on video put you in a bad light but that video doesn't show the whole story.
If when you confronted the people in the car you think you saw one of them reaching towards the door pockets then it's not unreasonable to have thought that weapons could be involved.
Of course all of the above would fall apart if it transpires that the driver was carrying a food delivery bag and had been delivering pizza to your neighbours.
None of this should be taken as legal advice and you should not lie in court however it's on the prosecution to prove beyond reasonable doubt. You'll be wasting your time and the courts time if you try to dispute what's shown on video but what happened prior to that can't be proved.
Go find yourself the best solicitor, ffs I'm better than the solicitor who's been representing your interests so far and I'm not even a solicitor. Get a good solicitor and let them build your defence. You're a good citizen who didn't want to become a victim of crime or for any of your neighbours to become victims of crime, you were scared and that's why you acted the way you did. |
Some interesting aspects to consider in your reply Ste. Thanks. ____________________ Honda H100s. Aprilia RS125. Honda CBR600RR. Aprilia RSVR1000. |
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