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

Soldato
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Fine, but we've asked how on earth does your foot get high enough to hit anything other than a tyre...?

Then, watch as a car drives by you at 30, and imagine how fast/hard your foot would have to be moving to not get caught by the front of the car, but to do damage to the side...

Anyway, this is getting kinda pointless. As we've said, be very careful. It seems very odd to us, so it will to the police.

Personally I don't think there's much need of taking pictures of the speed limit, that's not what's being investigated. I hear it at work a lot "Yeah, but what about person X, they did X,Y andZ!" ... "They may well have, I'll deal with that separately. Right now we're talking about why you did A,B and C"

So maybe it was the tyre.......

Again, the car made contact with my foot. You are making an assumption that my foot caused any damage.
 
Soldato
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**UPDATE**

Had a call from the BTP Officer investigating what he is now calling 'An alleged Incident'.

He asked me to attend a voluntary interview at the BTP station some distance away. I asked him if the interview was going to be under caution, he said yes but I won't be under arrest.

I then stated that I would require a Duty Solicitor to be present to speak to before the interview and to give me advice during the interview if required.

He told that if a duty solicitor is required, then they have to do the interview at Police station. I told him I want the interview to be carried out at my local police station and we have arranged for the interview to take place there tomorrow morning.

I'll post an update tomorrow afternoon.
 
Soldato
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Sorry guys...

Here's the update.

I went down to my local station.

Had to wait about 20mins for the Duty solicitor to show up.

She went and had a chat with the BTP officer first.

Then she and I had a chat, she briefly explained about the caution, procedures etc and the evidence against me. She also went over my statement of events I had written down. She was happy for me to use that and the photos of the crossings and speed limit signs and didn't advise me to say nothing.

So the interview went well. I put my side across, the officer asked a few questions, he then presented the victims statement of events and asked questions about that. He also showed me a photo of a smallish dent on the front passenger door. Could just about see it and it was too high for it to be caused by my foot.

He also showed me a quote the BMW driver got for repairing this damage, which was around £1700.

At certain points, it was quite difficult to keep a straight face when the victims statement was read out as he called me an attacker and he was scared of me.

In his version, he had gone past the crossing and I had seemingly chased his car and kicked it.

Believe me, at over 30mph, there was no way I was gonna be able to catch the car. He said that in his statement (as he was not going to tell the truth) and said the contact with the car had not happened on the zebra crossing.

His statement was his only evidence from his side. I was told there is no CCTV as it was not working at the time. My witness was contacted by the BTP officer later in the day for his statement.

The BTP officer seemed OK.

The duty solicitor was very helpful and it's her opinion that the case of alleged criminal damage is likely to go no further.

The BTP officer is passing the file to his sergeant for a decision.

Don't know how long that will be as he said they are dealing with a lot of work to do with the looting and rioting in London.

For now, I'll put it to the back of my mind and await the decision.

Thanks to all those that gave sound advice and stayed positive.
 
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Soldato
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sounds like you've nothing to worry about - especially after the other witness report comes in.

also, thread update? In my OcUKs?

Yep, just got to wait, but I'm not worrying about being accused of something I didn't do as the evidence will show sense.

Yes, I will give closure on the this thread in due course.
 
Soldato
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If he has blatantly lied to get you to pay for damage when it was caused by his dangerous driving, will the police do anything with him? Just wondering if there are people out there trying to screw other people over, surely there has be a come back from the police about wasting their and your time, lying to the police etc?

We'll just have to wait.

The BTP need to close this investigation first before dealing with any counter claims. At least that's what the solicitor advised me.

I don't know if the BTP will bring any charges, there is no CCTV and no independent witnesses, so it's his word against mine.

The only thing I will pursue is the threatening behaviour and abusive language he used against me on the platform, there are many witnesses to that.
 
Soldato
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**UPDATE** and thread closure.

OK, I have had a call from the investigating officer from the BTP.

He said the file went to his sergeant and a swift decision was made to take this case no further.

There is no evidence to show that the car was kicked or how the damage got there.

So that's that.

I did ask about a counter claim and I said I did not want to waste police time. He said unless there was fresh evidence or witnesses to the incident outside the station, then the same will probably apply and it will go nowhere.

I did ask about the abusive and threatening behaviour from the BMW driver on the platform. As I have multiple independent witnesses to that, I can, if I choose, make a complaint about that. I have a few people willing give the police a statement to what happened and what was said.

So I'm thinking that one over.
 
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