Mr McMullan I hope the Police unlawfully arrest you sooner rather than later, then you will be able to do something about your harassment warning.
If there are enough claims of wrongful arrests involving questionable harassment allegations and they cost enough, someone will eventually sit up and take notice.
After my experience over a Harassment Warning I can say:
Wrongly alleging harassment is a perfect way for anyone with an axe to grind to shut you up if they can find a daft and willing police office officer, something which is easily done in Haringey and with the Metropolitan Police.
The Met's Procedures require a thorough investigation prior to issue of a warning and that suspicions of false allegations must be recorded. In practise this does not happen. (Proportionality, where Police Officers do not look beyond the end of their nose because it is far easier and less costly. MOPAC and the Home Office must appreciate this point. )
Even if a thorough investigation did not take place when the warning was issued, any complaint about it being wrongly issued is unlikely to be upheld due to the Local Resolution process. (Meaning any complaints will be considered by local police officers, they are not reviewed independently even by the IPCC as you might think.)
If you were to ask for information the Police hold about you under the Data Protection Act, it is unlikely you will receive a reply in less than a 100 days if at all. So much for the Met Acting lawfully...the Mayor's Office it seems prefers to pay £200K for the Met to have unauthorised Water Cannons rather than pay for Met staff to reply to questions under the Data Protection Act. Well done Boris !!! )
In Haringey, the public do not believe the Police are doing a good job. Haringey has about a 20% lower confidence rating than other London Borough and we know why that might be. ;o)
I am attaching a piece of evidence called a Primary Harassment Report that , if read carefully, shows a Haringey Metropolitan Police Officer can barely spell, write correctly or even investigate. The public should not be concerned with the officer's apparent inability to write properly - but with the fact that not a single allegation was checked. But then there is no legal obligation for the police to investigate anything - but if they wish to have the public's confidence, then they should when the situation requires it.
Any reasonable person can see why the Metropolitan Police in Haringey do not have the public’s confidence.
Like you, I will contest this. In my case, my neighbours got a planning permission that was questionable, they then exceeded the approval they were given, caused several hundred pounds worth of damage and broke building safety regulations. I believe I have the right to pursue such matters without being threatened by the police for alleged harassment as you too have the right to speak up about questionable election practices.
If you or I had been a teacher, we would have lost our job just through someone misinforming the police or making false allegations.
A bit of Ghandi style defiance may be appropriate.
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I should mention I deny ever having * organised a petition against my neighbours, * ever having received asked any communication by email or other means asking me not to communicate with my neighbours, * ever saying their roof tiles were illegal, * ever having sent emails to an address my neighbours had not provided to me etc. In short there is not much truth in any of the allegations.
What I do admit to raising my voice and using an Anglo Saxon word meaning nonsense after my neighbours shouted abuse and told me their solicitors said whatever they chose to do was legitimate.
The police only had my address because I gave it to them as a witness in the prosecution brought against V1 & V2. Also, had I not let them into my house they would not have been able to serve me with the notice. In fact had I any inkling that justice can be administered in this way I would have asked to see them at the police station with a solicitor.
It's nearly 12 months since I started on this and it's obviously something I may still live to regret. From nearly physically bumping into V1 & V2 in the street recently to being creeped out in Cafe Lemon on Saturday morning by the prolonged eye contact from another customer who I think was one of the traders.
I think the police would have issued you a harassment warning even with a solicitor present and they would have got your address by any other means, like your ISP.
I believe the problem with these warnings is that the police make the decision the recipient is a trouble causer solely on the basis of what someone with an axe to grind has told them without any satisfactory checks. The warning hangs around on your police record and labels you as a trouble causer. Believe it or not, after receiving the harassment warning, I reported an intrusive CCTV camera pointing into my sitting room to the police. As a result, they unlawfully arrested me due to a "miscommunication". There is a wall of silence about exactly how this came to happen.
The police have so far unreasonably failed to respond to a Data Protection Act enquiry which might explain how I came to be arrested by mistake.
Believe it or not, it took fourteen police officers investigating to come with an investigation where not a single check of any allegation was made. No wonder Haringey are short of police resource.
I have been tempted to be arrested but I can't really afford it in that they could keep me from working and I'm always signing weird employment contracts which ask questions along the lines of "are you trouble?". The current strategy is to get all the evidence and then go for a Judicial Review, as you've indicated though, that's not as easy as it sounds.
With regard to the police not investigating or obtaining the true facts, I once had them call to me where they told me that I had been dubbed "the neighbour from hell" by my local residents association and that the association were getting up a petition to have me removed from my (council) property. {This was part of harassment that I was on the receiving end of by one of my neighbours)
If they, the police, had bothered to look into to this allegation and contacted the local residents association, they'd have got through to me, the chair of said association. I think I would have known if such a petition was being prepared.
What you say does not surprise me. To be honest, it has become evident to me what occurs at Haringey Police Station is trial by gossip.
The Met's Procedures are clear, they say a thorough instigation should take place. If there is a suspicion allegations are false it should be recorded. Neither happens so the police in effect continue harassment by Proxy.
Did you make a complaint about the way you were treated and what happened as a result?
I did protest but was ignored. The harassment continued for 6-7 years whilst both the police and the council "monitored" the situation. In other words, they just left me to suffer much to the glee of my harassers who then increased their activity knowing that they would be allowed to get away with it.
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