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Urgent advice needed - I have been a bit bad....

106 replies

tartyhighheels · 05/03/2010 11:04

ok so we have had parking crackdown at our school which involved 8 (yes 8) police, comm support officers and traffic wardens standing about and moving everyone on

On the first day i reverse into space and forget tow bar is on and knock car behind number plate - no damage but cue. gross over reaction by pc and cso - take all my details check everything try and tell me they can do me for driving without due care and attention - bear in mind no damage and owner of car really cool about it... this goes on and on and ends up in them not being able to do anything at all as all legal - i was ascerbic to say the least because this charade took about 45 mins and all my children were there etc.

Next morning though am folk hero with mummies.... my victory however is short-lived

because, the next day after school pick up

cars parked and mummy in front of me putting her dc in car and securing him in car seat, i pull in behind her and wait for her to leave the space. wpc runs (yes actually sprints accross the road) and tells me to move on immediately. I say i am waiting for space, she says move on right now or i will give you a ticket for double parking! i say again i am just waiting and she gets her magic book out so i drive off (past the children we are trying to protect twice unnecessarily - in my mind putting them at more risk than just staying put) - i go off and then turn to the very space i was waiting for - wpc points at my car as i do something and writes in magic notebook - pick up children and then drive off and as i do wpc in question gives me a sarky smile and wave (even the 8 year old dd remarked how sarky) so i go to give her the finger and shit out at the last minute and think better of it...

Next day - i am charged with section 5 public order offence!!!!!!!!!! she says i gave her the 'wanker sign' (not my style) - actually i didn't but i said nothing rather than make it any worse.

so... am i going to get a criminal record? could she have given me a fixed penalty thus avoiding criminal record? do you think i was harrassed? and actually as i said i didn't really do the thing i was accused of but rather was going to give her the finger (thank god i didnt eh?)

Amazingly due to the grave seriousness of this crime it has been brought to magistrates court with a month!!!!!!!!!!!!!! amazing

i am terrified but completely outraged - i know i pissed them off by not commiting and offence the day before but this is so so over the top.

any advice anyone????? crapping myself..

OP posts:
tartyhighheels · 10/03/2010 18:51

But the point is i didn't do it, I just thought about it and to be honest it is hard not to view them contemptuously when they over react in such a manner. That said, I didn't do it and that's what pisses me off. And out of interest it isn't sticking your fingers up at a policeperson that is the problem it is sticking fingers up and even mouthing words (they do not have to be heard) it is a theoretical person you could possibly offend rather than actually offending or alarming someone. the section 5 public order offence is wide to say the least and can encompass just about anything with a PC who is willing to interpret it for their own ends.

I might get a criminal record for thinking about sticking my middle finger up to a copper.... yes that's a really good use of tax payers money right? The other woman who got busted was taking issue with another PC over having to wait 3 days for someone to call round after a burglary when they managed to arrange 11 members of the constabulary to not even issue a parking fine. Yes I do have contempt for this sort of thing not for police as a whole, not a law breaker as a rule but I am not an anti-social person, i don't even park illegally etc etc so yes, this is a bit rich no?

I want my children to grow up and respect the law , as i do but how can they respect this sort of treatment? I would like them to trust the police but in this case the judgement is all out of whack in my ever so humble opinion.

OP posts:
SuSylvester · 10/03/2010 19:00

yes
you were silly
and guilty
yes it will be a criminla record
yes it could have been a fixed penalty

SuSylvester · 10/03/2010 19:01

public order is
"(1) A person is guilty of an offence if he:
(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting,
within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby."

AND you had been warned

SuSylvester · 10/03/2010 19:03

lol at use of tax payers money
it wont cose them anything - youll have to pay costs!

tartyhighheels · 10/03/2010 19:04

Quink - that is so good to hear. Like I have said, this would make a better story if i had done it and have nothing to lose by telling the truth on this forum. I feel that even if I had have done this (as the other lady did sort of over her shoulder and actually not at anyone in particular, this would still be excessive as they could have issued a fixed penalty.

The initial court date is for friday. I am unable to attend so i have written in explaining that i have childcare issues and would like to defend myself. I was advised to do this by the clerk as seems silly to adjourn just to make a plea. Amazes me that have been so incredibly proactive in getting this into court within 6 weeks when surely there are more serious things going on?

I am trying to find a solicitor to go with me because I do actually have a lot at stake here and amazing that after ostensibly being there about parking the same police officer managed to get two of us on public order offences - it's a mad world eh?

I do feel a bit like i am trapped in a horrible nightmare - the other woman too is just stunned.....

OP posts:
SuSylvester · 10/03/2010 19:05

there is a big push on getting cases heard fast atm.
6 weeks is rather slow.
i think the idea that ther are more serious crimes to deal with is a red herring. FOr most people shcool parking and lack of respect for the police is a big deal.

tartyhighheels · 10/03/2010 19:08

err no i had not been warned - i was driving a car....i was asked to move my car so i didn't double park.... and no thinking about giving someone a finger is not an offence....

i am not guilty - if i had done it i would just say that and ask advice anyway

and it is tax payers money - my money and yours pays their wages and them preparing their case costs time which is money

OP posts:
SuSylvester · 10/03/2010 19:09

yes
they will bill you for it in costs - do consider that when you plead. If it goes wrong you will be paying a lot for a trial. I wonder if there is more to this story than you are revelealing mebbe?

tartyhighheels · 10/03/2010 19:12

but i didn't and don't park illegally - i didn't disrespect the police - i thought about it.... but i didn't

if i had done it i would just say so - and red herring it may be for you but honestly we have suffered crime and had no one come for days and that is frustrating and this sort of incredibly minor thing (even if i had done it) surely shouldn't warrant me getting a criminal record????

OP posts:
SuSylvester · 10/03/2010 19:13

i wonder if the pc considered that the fact that you didnt move on promptly was in effect double parking?

tartyhighheels · 10/03/2010 19:15

susylvester - there isn't more, i have given a rather full account - there would be no point in lying or else any advice i got from here would be useless and that is why i posted. I know it may give you pleasure to goad me about this but the long term effects or my family could be really serious so please, if you have nothing constructive to say please leave it - i do need some help.

OP posts:
tartyhighheels · 10/03/2010 19:17

but i did move straight away when she asked me - i didn't even know that waiting for a space as someone pulled off was double parking - maybe 45 seconds tops.

And it doesn't matter of i did double park - it has nothing to do with a public order offence....

OP posts:
SuSylvester · 10/03/2010 19:18

im not goading
or pleasured

SuSylvester · 10/03/2010 19:18

it is odd.
the whole thing

tartyhighheels · 10/03/2010 19:20

i agree completely odd - choose not to believe me but this is really happening and the consequences scare me

OP posts:
SuSylvester · 10/03/2010 19:22

solicitor then
might be able to do a deal with cps pre trial

tartyhighheels · 10/03/2010 19:25

yes i bloody well hope so - i will also find out what the other woman is doing too - shame i have to waste money on a solicitor though but i cannot take the risk of not having one

Good to know a Magistrate thinks this is over the top though - really gives me some hope.

OP posts:
SuSylvester · 10/03/2010 19:31

yes they shouldnt really give advice out so explicitly though

tartyhighheels · 10/03/2010 19:34

why? i think she was trying to be encouraging which is a kind thing to do and interesting to know what the guidelines are from their point of view

OP posts:
SuSylvester · 10/03/2010 19:42

its not really in the rules.

BooyhooNOTboohoooORbooyou · 10/03/2010 19:45

tarty i totally believe you. i have experienced this sort of silly "i'll make you sorry" behaviour from the police and it is awful. you feel as if whatever you say, you wont be believed because it is the police.

dont plead guilty- you didn't do what she said you did. get a solicitor, go to court and stick to the truth. dont get agitated or defensive. stay calm and hopefully the magistrate will be quink

tartyhighheels · 10/03/2010 19:56

boohoo - even someone like quink would do, just needs someone with a bit of common sense to see that this is daft but could potentially be so serious fo all my family...

thanks for being nice i have been a bit stunned by how self righteous some people have been on here tbh because i am innocent and not a disrespectful person as a rule

i will not plead guilty but if i get banged up i expect a cake with file ok????

OP posts:
BooyhooNOTboohoooORbooyou · 10/03/2010 19:59

am baking it now (just incase, not that i think you are guilty or anything)

Quink · 11/03/2010 09:46

Su! naughty girl!

tartyhighheels · 12/03/2010 18:34

UPDATE

the other lady went to court today and saw duty solicitor, he laughed at how ridiculous is was and had a word with the prosecution - it was thrown out completely and she was at home again within an hour - this is the lady who did actually put her fingers up and admitted that when she had her rights read to her.... I didn't do it and didn't admit to anything so assuming mine will be dismissed too - i should find out on monday or maybe will have to wait until a few weeks time...

I say again, what a great use of tax payers money.

OP posts: