Neilg7777

iTrader: (9)

Over 2 weeks a go I had a running with a taxi driver over the price he locked me in the cab and drove off, He became aggresive saying for me to wait. I called the police to say what was happening and thinking i was going to be dropped off with people waiting. Anyway he dropped me off in the town centre swearing at me. I told him he could not lock me in like that whilst slapping the plastic between us. Now 2 weeks later call from the police saying that i caused £300 of damage ?????? and i need to go to the station tonight to put my side of the story across. What you Recon, will i be made to pay £300 or go to court spoilt my night
Neil

V5RLTD

iTrader: (5)

Tell him to prove it, cameras in it?

Snazy

I think he will need to press charges to get money, then its still his word against yours. Or claim on his insurance against you. Either way, tell your side, false imprisonment, held against your will etc

Timwinner

iTrader: (3)

Its ok, Its an allegation, you will need to give a statement, they might arrest you when you get to the station so you can be questioned under caution so be prepared for a few hours there.
Ask for the duty brief if they want to question you. If its his word against your CPS wont touch it.
If it is your inclination make an allegation of kidnap against the taxi driver, should be a sure fire way to get him to withdraw his complaint.

JonMc

iTrader: (51)

If you called the police on the night of the incident did you dial 999, if so it will be recorded. Make a complaint regarding kidnap as you will have more evidence than him in this case.

Unless there is CCTV evidence or other it'll be your word against his. If you didn't damage the cab you have nothing to worry about

mouse555

iTrader: (1)

Make sure you have a solicitor with you, it is free. YOU NEED LEGAL REPRESENTATION.

ScoobyWon't

We get loads of calls about this. Only yesterday, one of the boys I work with was telling me how a taxi driver tried it on with him, drove him randomly all over the city and then stopped outside the cities main police station.

The driver changed his mind when he realised he had locked a cop in the back of his taxi. Funnily enough, when informed that his constant swearing in the street at the cop could be S.5 public order, he shut up.

As Tim has said, go to the station. Be co-operative and the cops are more likely to be responsive to you. Ask for the duty solicitor if you are to be questioned under caution. Give them your first account of what happened.

The rule we stick to is that if you normally pay £10 for the same journey, but the driver tries to stick you for £20, then just by giving him £10 you've shown you're being reasonable. As long as you weren't trying to rip him off, you should be fine. As for the criminal damage allegation, I'd be questioning why the driver did not take you to a police station at the time of the incident and show them the damage at the time, instead of waiting this long to report it.

Neilg7777

iTrader: (9)

Got a friend who is a solicitor and he has said i dont go tonight but to get the police to call him for a time when he can be present

Timwinner

iTrader: (3)

It makes sense, I would imagine this job has landed on someones work load and they just want to bat it off.
The duty brief would do the job just fine if you wanted to get it over and done with. The plus side to going in tonight is if you are arrested and questioned at least you know its going to happen tonight.
If you dont then there is a chance a warrant could be issued for your arrest. Of course this is worse case.

JonMc

iTrader: (51)

Seems like good advice, just keep the police informed about what you are doing so that they don't think you are simply avoiding them

Neilg7777

iTrader: (9)

called them 3 times and no answer so can not let them no ??

thesyn

How did they find you? How do they know it was you?
Sounds like a taxi driver dropped off a random punter from what you have described, or is there some other connection?
Obviously take legal advice but remember the accuser has to prove their case, the accused doesn't have to do anything. Might be better to just acknowledge that you have been contacted but say no more.
ie don't say anything that you might regret later

thesyn

Oops sorry missed that you called the police

ScoobyWon't

As a cop, I'll tell you - we get these calls a lot. Take advic3 from what Tim, Mouse and I have said.

I know the police side of things (as an officer) and I'll happily advise you on that. The other boy's will tell you what they know from their legal training.

The simple rules are; get represention (free unless you want to pay), tell the truth, keep your answers short and don't get flustered.

RJM25R

iTrader: (1)

ALL CALLS TO THE EMERGENCY SERVICES ARE RECORDED, NOT JUST 999 ONES.


How did the police trace you? Are you sure it's not just a "Blag" by the taxi driver?

Neilg7777

iTrader: (9)

Right after all this time i have to attend court to plead my case. If i am found guilty of this what do u think i will get as crapping myself.

yoza

Dont be worrying, it certainly isnt a custodial.

If you are found guillty, from what you have said, you will recieve a warning and a fine, with easy payments if required.

Going to court can be a stressful time, but just put your case forward, get representation, dress smart/make an effort, speak loud and clear and only answer the question asked, dont waffle/ramble or make a comment on the JP's watch.

Treat it like a job interview.

And relax....its no big deal.

Simon K

Wow, what an outcome. You never mentioned how the police found you ?? Did the taxi have cctv ? How did this guy know it was you ? your name ??

Out of interest, I hate cab drivers. All thick morons, pleading that business is bad, and always on the rob.

SBK

Maz

iTrader: (34)

Nothing like a sweeping generalisation is there?

J4CKO

iTrader: (1)

I am sure that some are but most I find to be alright, if you are ok with them then they are ok with you, our local ones are brilliant by and large, I need to go to the airport on Thursday morning and I will call them to pick me up at 5.30 and they will be there pretty much spot on give or take five minutes.

Imagine the **** they have to put up with, saying that there is no excuse for making stuff up and trying to extract £300

ScoobyWon't

You ask your local bobbies for a lift to the airport?

jonny_693

iTrader: (5)

You might as well face up to facts. Your going down for a very long time.

hodgy0_2

i think he is referring to the cab drivers referred to earlier, as always on the rob

do keep up ScoobyWon't

GC8

Oh dear. Whilst theres an awful lot missing from this story, I think that this is a good example of why you shouldnt ever talk to the police under caution.

If this is going to court then you need to get proper legal representation. You have little chance of being believed in the magistrates court, but the risks are far greater at crown court. I what you say is true then youll fare better at crown. Remember that you can appeal to crown if you do take the lower court route.

Simon

s70rjw

iTrader: (2)

Criminal damage below £5000 can only be tried summarily. You will not be going to Crown Court.

yoza

Criminal damage coupled with aggressive/threatening behaviour, can reach Crown.

mart360

How did it get that far?

either the original op never went for a word, or there is substance to back up the CD aspect

Mart

ScoobyWon't

Ah, I see. I thought J4cko may have a friendly copper like myself, locally. Then again, I only seem to give young ladies lifts home in the panda Free of charge, may I add.

Simon K

Yeah, this is whats confusing me. How did it get this far ? And on what evidence ?? Smashing the back of a taxi's interior window ?? How did the police know it was you and where to find you, ring you ??

We need the answers to these questions before we can really add our views. Although, from my dealings with the law, they do tend to go for the easy nick, regardless of the facts and what truely happened. `Statistics over Realistics`


SBK

ScoobyWon't

Value of damage below £5000 -
Summary: maximum 3 months imprisonment and/or a fine not exceeding level 4 on the standard scale
If value below £500 also consider penalty notice for disorder

Value of damage exceeding £5000 (when treated as normal either way offence) -
Summary: maximum 6 months imprisonment and/or a fine not exceeding the statutory maximum
Indictment: maximum 10 years imprisonment

Has the OP appealed against a summary conviction, hence facing a re-trial at Crown?

C1953 / D and B v Commissioner of Police for the Metropolis 2008
YEAR OF CASE
2008

CITATION
[2008] EWHC 442 (Admin)

COURT
Queens Bench Division

SUMMARY
D and B were arrested on suspicion of causing criminal damage to four cars. They were interviewed and eventually owned up to the matter. Prior to charge the police officer dealing with the matter (P) assessed the offence gravity in accordance with Guidance issued under section 66 of the Crime and Disorder Act 1998 with a view to a final warning. The usual score for this type of offence was a 2 which required the issue of a final warning but P gave it a score of 4 (the highest) based upon aggravating factors and charged the boys. The aggravating factors that P considered were;

(i) The prevalence of the crime in the area,
(ii) Acting as a group,
(iii) According to the estimate given by another officer the value of the damage was high, and
(iv) They had caused the damage deliberately rather than recklessly.

P later conceded that in line with the guidance he should have only given it a maximum factor of 3 but stated that in his opinion the case should still be prosecuted in the interest of the public. D and B claimed that the prosecution then indicated that the case would be dealt with by way of a final warning but then following an adjournment changed its mind and opted to proceed by way of a prosecution.

D and B applied to have the proceedings halted due to an abuse of process but this was rejected. D and B applied for a stay on the prosecution, arguing that P had not followed the Guidance correctly that they had a legitimate expectation that they would be dealt with by final warning and that the Youth Court was wrong not to halt the case as an abuse of process.

Held

Application refused. Proceedings should continue.

The prosecution approach could not be seen as inappropriate so there was no necessity for the court to interfere with P's decision. P was wrong in upgrading the gravity of the offence from 2 to 4. Guidance stated that the gravity factor could only be increased by a maximum of 1 point irrespective of the number of aggravating features identified.

Given that the decision of the prosecution to prosecute could be upheld then P's decision was also justifiable. P had acted reasonably on the information he had received from the other police officer regarding the value of the damage caused and he was under no duty to delay that decision in order to wait for further evidence to be forthcoming. P had been correct in assessing that the aggravating factors were the damage that was caused intentionally and that the type of crime was prevalent in the area.

Although it was clear at court that the prosecutor had indicated that he would recommend a final warning be given, this was not a definitive statement and could not therefore give rise to a legitimate expectation. When the prosecution then decided to prosecute nonetheless this could not therefore amount to an abuse of process.