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help / advice needed

by sjb2332
Tue, Feb 23, 2021 16:43
10

so last june I was the victim of a road rage incident in Bath.. the driver of a white van (EA07 LWL) jumped out of his van and pushed me from my bike as he was in a hurry and couldn't get past me quickly enough...

Anyway, loads of witnesses etc and the police caught up with the guy a few days later and he received a conditional caution... He was meant to pay me £100 in respect of minor damage etc but the police failed to collect the money (it wasn't payable via the courts because it was a cond cau)...
I want to pursue him via the small claims court as a matter of principle, but the police won't give me his details (data protection), so i wrote to the DVLA and they have also rejected my request.....

any other avenues I could explore?

If you're new please join in and if you have questions pop them below and the forum regulars will answer as best we can.

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10 comments

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Dnnnnnn | 3 years ago
1 like

The Information Commissioner's Office might be able to help if a public body withholds information it should not: https://ico.org.uk

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OnYerBike | 3 years ago
1 like

Why did DVLA reject your request? My understanding was that they are meant to provide you with the registered keeper's details provided you have a "reasonable cause" (which it sounds like you do)? https://www.gov.uk/request-information-from-dvla

Could you bring it up with the police - I'm not entirely familiar but you make it sound like the payment was a condition of the "conditional" caution? If he hasn't fulfilled the conditions, then this suggests the police need to take further action. There's no point issuing a conditional caution and then walking away regardless of whether or not the conditions are met...

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brooksby replied to OnYerBike | 3 years ago
0 likes

OnYerBike wrote:

There's no point issuing a conditional caution and then walking away regardless of whether or not the conditions are met...

Exactly

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zero_trooper replied to brooksby | 3 years ago
1 like

Yes, but unfortunately I think that this happens a lot. Sometimes the police offer cautions as a resolution, but if the offender subsequently refuses to accept the caution; by for example not attending their caution appointment, then the police NFA it as 'not in the public interest'.

In this case I think that the OP should ask for a written explanation from the police as to why they are allowing the conditions of the caution not to be met AND what offence was the offender  cautioned for.

When I was in the police you made sure that the offender complied with the conditions, in this case made sure that the victim had been compensated, THEN you arranged the caution.

Someone has dropped a bollock.

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Captain Badger | 3 years ago
1 like

This is horrible, well done for sticking with it

Citizens advice might be able to help you with some more details. I don't know what your employment conditions and benefits are, but many employers offer free legal helplines as a perk

I agree with Chris B below, GDPR is bollocks here. This situation won't be peculiar, I'd imagine it is fairly common. Pursue with the police to find out what their process is in this instance, and potentially lodge a complaint, and keep chasing up teh chain.

Although it's tempting on point of principle I would not pursue it privately. The Police are your point of contact here, and it si for them to assist you

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hawkinspeter | 3 years ago
2 likes

Take the police to small claims court for the £100. If they are preventing you from receiving money owed to you, then they should be forced to pay it.

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brooksby | 3 years ago
1 like

Ah yes, in such a hurry that he had time spare to stop, get out f his van and (allegedly) assault you... 

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ChrisB200SX | 3 years ago
3 likes

I think you can get the vehicle's insurance details and/or owner's address by paying about £10 for the search, can't remember how, but you hve to have a valid reason to do it, I think this is the same system insruance companies use.

However, if he's been legally ordered to pay it, I can't see why the Police are claiming GDPR, sounds like job-shirking to me. Make an official complaint and force them to do their job?

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Recoveryride | 3 years ago
0 likes

If you have the number plate, then I'm sure there are some 'grey area' private investigators who will trace the registered owner for the purposes of a private prosecution. I suspect the cost will be in excess of the fine, however...

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Madteclind replied to Recoveryride | 3 years ago
0 likes

Where i live you can find out who owns any car from the lincense plate by contacting the local administration for it

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