My rights as a supsect.......

Soldato
Joined
5 Feb 2006
Posts
5,188
I'm seeking my advice regarding a police matter.

Background:

A few weeks ago, I was on my way to work and whilst crossing a pedestrian crossing outside the train station (with another commuter), I was hit by an inconsiderate BMW driver going very fast into the station area towards a car park. We were a third of the way across the crossing in good light and conditions and it was clear before we started to cross. As I was stepping forward my right foot was hit by the car that also swerveed onto the other side of the road to try to avoid us. I was not injured, just shocked at the complete disregard to our safety. The car did not stop nor did we have chance to get the registration number.

Whilst still shocked by the incident, we proceeded into the station to catch the train. Whilst on the platform waiting for the train and discussing the incident, the driver of the BMW came up to me and screamed at me that I had kicked and dented his car. He was extremely abusive and very aggressive and swearing at the top of his voice. I calmly explained that we were crossing the pedestrian crossing. He shouted and swore and said he had every right to be there. The fellow passenger who was also on the pedestrian crossing also explained that the BMW driver was in the wrong and we had right of way on the crossing. He swore again and said he was in the right and then said a threatening statement to me and stormed off. We were totally taken aback and still in shock at this point. At no point did he ask about my welfare or offer any details.

It was all rather surreal, and because I nor anyone else was injured, we kind of left it there as we did not feel the need to confront this nasty person again or felt we were not best placed to go looking for his car.

Two weeks later, whilst entering the station platform, myself and the other passengers who wait in the same place to board the train became very aware of the same BMW driver practically dancing around us trying to take photos of me and the other commuter who was on the crossing during the original incident. We kept turning out backs on him and the train arrived as he scurried off. No words were exchanged. Again this was all very surreal, and later that day, I was discussing the incident with the other commuter and we both agreed it was very odd and we both felt harassed by the situation.

We then decided to go to the local police station as the original incident happened outside the station on the road. Both incidents were explained to the police station staff and a an incident report was raised and we were given the incident number. As we did not have the registration number of the BMW, they felt there was not a lot to go on. But at least we had reported it.

Another 3 weeks pass and whilst on a day off, the other passengers I wait on the platform were approached by the British Transport Police (BTP). One of the ladies was pulled to one side and questioned. They used a photo taken by the BMW driver. It shows her clearly and the back of my head and the other commuter involved, she said our faces were not visible. She was asked if she knew me and basically she could only say she speaks to me in the mornings whilst waiting for the train. She was shaken by the police questioning and said one thing that worried me. She was told by the BTP to not tell me they were looking for me so as not to spook me as they are seeking the person the in photo (pointing to the back of my head) in regards to a case of criminal damage.
There was no indication to this being an alleged incident of criminal damage and why would they not want to spook me??????

So I then called the local police and updated the incident report to say the BTP were possibly seeking me in regards to criminal damage. I then contacted the BTP who took my name and number. Later in the afternoon the investigating officer called me and said they ARE seeking to identify someone in the photo in relation to a case of criminal damage. Again no indication of alleged criminal damage. I said I don't know about the criminal damage but I want to speak to the BTP about a hit and run incident on the pedestrian crossing and about the verbal abusive afterwards. Again he stated the need to find someone in relation to criminal damage, nothing to do with any other incident. I re-stated my position over the hit and run incident and of the aggressive verbal abuse on the platform. He seemed to pause for thought and then asked me to describe the car and the man who spoke to me. I described the car and the man who verbally abused me. At this point he stated he definitely needed to speak to about the criminal damage and asked me if I would come to the station for questioning. I said I was happy to give my side of the story over the phone, he refused and said that I need to come to the station for a voluntary interview. He also stated that I have the right to legal representation as I was a suspect. This shook me a little and I said I didn't understand why I would need legal representation if I was volunteering my side of the story and would I be under arrest. He said I would not be under arrest. He then told me he was too busy to deal with the interview that day or most of next week and he will call at the end of next week to arrange an interview which means I have to travel 30 miles from where I live to the BTP station to provide a taped interview. I also told the officer that had a witness to the hit and run and the at least 4 close witnesses to the verbal abuse (most passengers heard the abuse including station satff).

I now have to wait another week to hear what happens next.

As I have never had any dealings with the police, I am now seeking to educate myself on my rights. I do not understand why I have to go to the station for a taped interview and need the chance of legal representation. I have looked on the yourrights.org.uk and found only info on taped interviews of suspects who are under arrest.

I would appreciate any info or advice from those who know how the legal system works and what my rights are?
 
Man of Honour
Joined
18 Oct 2002
Posts
20,354
Location
Äkäslompolo
Get a lawyer. Ignore anything else said in this thread unless said by a lawyer.



M

This.

DO NOT fall for the coppers old trick of asking you in for a friendly chat over a cup of tea. There won't be any biscuits at the interview. They will haul you over the coals.

Seek legal representation and don't say a word to anyone.
 
Soldato
Joined
18 Oct 2002
Posts
7,073
Location
Melksham
Get a lawyer. Ignore anything else said in this thread unless said by a lawyer.



M

This.

Sounds like the BMW Driver has filed charges against you, so don't go along alone to give a 'voluntary' taped interview, take a lawyer, let them instruct you on what to say and when.
 

XPE

XPE

Soldato
Joined
9 Jul 2005
Posts
5,551
This.

DO NOT fall for the coppers old trick of asking you in for a friendly chat over a cup of tea. There won't be any biscuits at the interview. They will haul you over the coals.

Seek legal representation and don't say a word to anyone.

This, to them your are now just another easy target they can book to meet their targets.
 
Man of Honour
Joined
17 Oct 2002
Posts
159,805
Is 'get a lawyer' the best advice? Poor chap might now have to pay a huge pile of cash for a lawyer he may or may not even need.
 
Soldato
Joined
31 May 2009
Posts
21,257
Btw don't take my advice, but if it happened as you said, get onto the train company, there is probably a camera of the incident.
Get your lawyer to request it.
If it happened as you say, creep deserves a burnt out car.
 
Soldato
Joined
13 Dec 2010
Posts
4,219
what witnesses does he have? You cant just take photos of someone and go to the police and say 'THIS PERSON KICKED CAR!!!!!'

I would have lost my cool and beat him silly if I was in your place, you handled it well.

No one else is thinking 'typical BMW driver'? :) jokes...............
 
Associate
Joined
7 Jun 2004
Posts
695
Location
moon
I would be pretty sure train stations have CCTV covering all roads surrounding the station and the incident would be recorded. Mention this to BTP or a lawyer.
 
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