Template for Reporting Incidents to Police

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Re: Template for Reporting Incidents to Police

Postby Mulger bill » Fri Jul 22, 2011 11:40 pm

I've seen more than a few of Vics Finest wearing small PVRs on their person for their own protection. Seems like a good idea all round. Maybe make 'em corporate issue too. If they're doing nothing wrong...

Hands up who thinks harder about how they behave when knowingly under surveillance?
...whatever the road rules, self-preservation is the absolute priority for a cyclist when mixing it with motorised traffic.
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Re: Template for Reporting Incidents to Police

Postby waynohh » Sun Jul 24, 2011 9:19 pm

with BCC, as I said in a comment on one of the videos, upload to YouTube and send the YouTube link via the TransLink complaint, no excuses then, maybe even do the same with the police.


Official response from translink for youtube

Dear Wayne,

I am writing in follow up to our conversation today regarding the driving conduct of the TransLink bus operator you witnessed on 15 April 2011.

As discussed, please reply to this email with any additional information and if possible, attach file footage of the incident, as we are unable to access youtube.com to view the supplied link.

Upon receipt of the requested information we will commence our investigation into this matter.

We hope that this information has been of assistance to you. Should you require further information regarding this issue, or any other matter, please visit the TransLink website at http://www.translink.com.au/ . Alternatively, the TransLink Call Centre is available 24 hours a day, seven days a week on 13 12 30.

Kind regards

Emily
TransLink Customer Support


then

Dear Wayne,

Thank you for your prompt reply.

Unfortunately, the file attachment has not been received successfully. Your reply email has been successful however, I have not received any attached files. Could you please email: [email protected] once again with the file attached and quote reference number 526097.

I greatly appreciate your assistance in this matter and apologise for any inconvenience this may have caused.

We hope that this information has been of assistance to you. Should you require further information regarding this issue, or any other matter, please visit the TransLink website at http://www.translink.com.au/ . Alternatively, the TransLink Call Centre is available 24 hours a day, seven days a week on 13 12 30.

Kind regards

Emily
TransLink Customer Support


Gave up after one more attempt.
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Re: Template for Reporting Incidents to Police

Postby waynohh » Sun Jul 24, 2011 10:15 pm

Burning about 80 incidents on video DVD for police with the original files on a separate DVD. Written up 2 for starters - hit by driver on mobile phone and hit by truck. Renamed them all whether they're careless driving, dangerous driving and/or assault. Created chapters for each one and including an index that matches chapters to the original files. I'll be frankly pissed off if they don't ask for statements for at least some of the rest of the videos. Oh, and that's Feb to July this year only since getting 5MP cameras and retiring the contour.

I'm going to the valley police office, there's no mailing address on the site for any commissioner.
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Re: Template for Reporting Incidents to Police

Postby diggler » Mon Jul 25, 2011 11:55 pm

Mulger bill wrote:I've seen more than a few of Vics Finest wearing small PVRs on their person for their own protection. Seems like a good idea all round. Maybe make 'em corporate issue too. If they're doing nothing wrong...

Hands up who thinks harder about how they behave when knowingly under surveillance?



I don't know why cops don't have video cameras. Instead of arguing in court about who said what, who did what, we have proof.

Cameras are so cheap.

My guess is that the cops object because they don't want to be accountable.
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Re: Template for Reporting Incidents to Police

Postby diggler » Sat Sep 24, 2011 12:36 pm

http://www.youtube.com/watch?v=FHEgCA7O-ao

I'm thinking of reporting this to the police. I doubt they will do anything about the dangerous driving, but they could pick him up on using a mobile phone while driving and brake light not working.

Hopefully it will send a message for motorists not to !! BAN ME NOW FOR SWEARING !! cyclists.
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Re: Template for Reporting Incidents to Police

Postby diggler » Sat Sep 24, 2011 2:21 pm

I emailed this to the police and Sydney Morning Herald. It may be of interest to their motoring or technology sections. I have made an edited version of the clip to cut out the period I was chasing the car.


http://www.youtube.com/watch?v=8HMyBSaobIw
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Re: Template for Reporting Incidents to Police

Postby diggler » Mon Sep 26, 2011 2:34 pm

The police force are so useless. First of all, I emailed the police force with a link to you tube. They said

If you wish to make a report about the actions of another motorist you should attend a Police Station and make a formal statement setting out the details of the incident.

I wasn't surprised they would ask me to go to the cop shop because that is their standard procedure. However, why would you need a statement if all the evidence is on the video? The video speaks for itself. What more can I add?

Anyway, I went to the Campsie NSW cop shop armed with the you tube link and a dvd in mp4 format. "Sorry mate, we can't access the internet." I sort of understand that the police force doesn't want the staff goofing off watching cats playing piano when they should be catching criminals. Then a dopey cop said something really dumb. "Mate, we haven't been trained in that." You need training to use you tube? Better to shut up than let people know how stupid you are. Next problem was they couldn't play the dvd. I half saw that one coming.

I went home and burnt new dvd's in wmv format and a disc to play in a dvd player. The dopey cop then said, "We can't use that. It can only be used as eviidence if the police witness it." (So if you witness a murder, that is not evidence? Are you a ****** idiot?)

Fortunately another cop could play the wmv file. After viewing the footage, another cop comes back and says "The car didn't hit you, so it isn't dangerous, the defective brake light I'm not going to charge him but if you really push me, I'll ring him to get it fixed. The mobile phone wasn't placed to his ear, so I won't charge him." I told the cop that it was against the law to do anything with a mobile phone in the hand but the cop was adamant. "Mate, they're thinking of changing the law, but at the moment it is only an offence if the phone is held to his ear." I knew he was wrong. I went home and printed out the law and gave it to him.


ROAD RULES 2008 - REG 300

300 Use of mobile phones by drivers (except holders of learner or provisional P1 licences)

(1) The driver of a vehicle (except an emergency vehicle or police vehicle) must not use a mobile phone that the driver is holding in his or her hand while the vehicle is moving, or is stationary but not parked, unless the driver is exempt from this rule under another law of this jurisdiction.

Maximum penalty: 20 penalty units.

(2) In this rule:

"use", in relation to a mobile phone, includes the following:
(a) holding the phone to, or near, the ear (whether or not engaged in a phone call),
(b) writing, sending or reading a text message on the phone,
(c) turning the phone on or off,
(d) operating any other function of the phone.


(my emphasis)

I allowed him to save face by pointing out that these were the 2008 regulations and maybe he was thinking of the 2007 law.

He said he would get onto it and to ring him back in a couple of days. I don't have a lot of faith in him. Anyway, I will ring Senior Constable Tran of Campsie police on Wednesday and I bet 100% he will be on leave and when you ask to ring back on a day he is there, he will always be mysteriously out of the office on a job.

Next step I will write a letter to the officer in charge of the station using the pro forma.

For my own protection, I made sound recordings of these conversations. I can't really reproduce them because that would be an admission of a listening devices offence. Hopefully they will come in useful some time.
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Re: Template for Reporting Incidents to Police

Postby Aushiker » Mon Sep 26, 2011 3:02 pm

diggler wrote:The police force are so useless. First of all, I emailed the police force with a link to you tube. They said

If you wish to make a report about the actions of another motorist you should attend a Police Station and make a formal statement setting out the details of the incident.


The video is not sufficient and nor should it be. A proper sworn statement is required for presentation to the Court. A read of http://www.alrc.gov.au/inquiries/uniform-evidence-law might be of use. That said, in a "minor" traffic incident a sworn statement may not be required but again following Oxford's advice you are reducing the number of "excuses" to not do anything.

All that said I am surprised that NSW (? - helps if you put your location in your profile) Police does not have an online reporting system. WA has and if anything they prefer that being used to you going into a station.

If you concerned about the handling of your matter, I suggested you review the Code of Conduct and other related documents (all available from the NSW Police website for example) and write in a polite and constructive manner detailing what happened and your concerns to the Commissioner of Police and the Minister of Police and your local State MP. Adding in the extra two parties escalates the level of accountability.

With regards to the DVD I always provide a copy in *.mov format when requested. That seems to work for the Police etc in my experience.

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Re: Template for Reporting Incidents to Police

Postby GraemeL » Mon Sep 26, 2011 3:07 pm

I think it stinks that we have to go to such lengths to get something done. Why is it, we have to wait until we are hit or injured before the police act?
There is all this talk about how we can make things safer etc, but at the end of the day it makes no difference, because the very people that are supposed to inforce the law just don't give a !! BAN ME NOW FOR SWEARING !!.
And if they can't even figure out how to play a video file, what hope have we got.

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Re: Template for Reporting Incidents to Police

Postby diggler » Mon Sep 26, 2011 3:30 pm

Thia appears to be the most appropriate offence in NSW for a minor incident.

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 42
Negligent, furious or reckless driving
42 Negligent, furious or reckless driving
(cf Traffic Act, s 4)

(1) A person must not drive a motor vehicle negligently on a road or road related area.
Maximum penalty:
(a) if the driving occasions death-30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence), or
(b) if the driving occasions grievous bodily harm-20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence), or
(c) if the driving does not occasion death or grievous bodily harm-10 penalty units.
(2) A person must not drive a motor vehicle furiously, recklessly or at a speed or in a manner dangerous to the public, on a road or road related area.
Maximum penalty: 20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).
(3) In considering whether an offence has been committed under this section, the court is to have regard to all the circumstances of the case, including the following:
(a) the nature, condition and use of the road or road related area on which the offence is alleged to have been committed,
(b) the amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road or road related area.
(4) In this section:
"grievous bodily harm" includes any permanent or serious disfigurement.
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Re: Template for Reporting Incidents to Police

Postby diggler » Tue Sep 27, 2011 2:11 am

Oxford wrote:your experience is exactly why I do not bother with personal visits anymore, too frustrating and at the end of the day he said/she said, they deny any wrong doing in handling the complaint. that's why I developed this written system and the template. it specifically says no one was injured, no damage was done etc but that does not seem to be a justification for not being able to issue a speeding ticket, police issue them anyway.

basically you were stonewalled. I suggest you write a letter to the police commissioner outlining your disappointment and the failure of the police to act on a genuine complaint with supporting evidence, also CC in the Ministers of Police and Transport and your local member of parliament, maybe even send a copy to some sympathetic journos.


OK, I will use the template. I got the name of a traffic Sergeant at a police station near the incident. I will start with him and go from there.

I had trouble including the map for the template, but I guess that is not critical.
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Re: Template for Reporting Incidents to Police

Postby diggler » Tue Sep 27, 2011 7:49 pm

Cop I complained to didn't charge anyone. No surprises there. I referred the matter using the pro forma to the traffic sergeant at Glebe NSW.
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Re: Template for Reporting Incidents to Police

Postby skull » Fri Sep 30, 2011 10:14 pm

I used a modified version of this template for a report of a Southern Water truck attempting to run me off the road. I got a positive response from one of their representatives. I have included the email sent and received

Sent:
I am writing to you because of an incident that occurred to me on 29/09/2011 at approximately 7:00am with a Southern Water vehicle <REGO> in the vicinity of <street address>.

Whilst I was travelling on my bicycle south along <street name> road the driver of the above mentioned vehicle intentionally pulled out of <street name> Street and forced me into the gutter. The driver would have been aware that I was there as I had flashing lights on my bike and was also wearing a fluoro yellow jacket, also as the vehicle was forcing me off the road I yelled out and witnessed the driver in a fluoro orange jacket gesture at me through the left hand side mirror.

Whilst I was not injured, no property was damaged and there was no contact made between myself and the offender in this case, the incident was dangerous enough for me to be in fear of my own personal
safety. I am fearful that this offender may cause myself or others harm in the future if their behaviour is allowed to remain unchecked. This is akin to speeding offences where in most cases the offender when caught was not or has not injured anyone, no property was damaged and no accident has occurred, but they are penalised for what may occur if their speeding is allowed to remain unchecked. In my case the offence was immediately life threatening to me and the driver needs to be made aware of the seriousness of their behaviour towards other road users. Next time it could result in an injury, property damage, an accident or worse a fatality.

I have also lodged a complaint to the police in regards to this incident
My concerns:
•That this driver thinks that their aggressive behaviour towards other road users is acceptable.
•That they may behave this way to other road users who feel unable to take the matter further without access to supporting proof of the aggressive behaviour.
•That they have an incomplete knowledge of the road rules as it relates to their requirements as road users.
•They have no knowledge of the traffic regulations as they relate to cyclists and cyclists use of the roads.

I trust that you will take my complaint seriously as the seriousness of this for me is that my wife does not want to have to visit me in hospital recovering from injuries sustained from a poorly behaved and ignorant driver, or possibly worse.

All I ask is that I be allowed to be able to cycle legally, safely and without fear of personal injury to myself by others.

I await your favourable reply.

Yours sincerely
Skull.

Their reply:

Dear MrSkull
Thank you for your email dated 29/9/11 regarding the incident between yourself and a Southern Water vehicle.
Firstly, I apologise for the distress that this event has caused you.
Southern Water is very focussed on safety – ensuring “No Harm” to our customer, employees and the general public is one of four guiding principles of the organisation.

The matter you have raised will be taken very seriously and will be fully investigated utilising our internal mechanisms.
The employees concerned have been interviewed and, upon review, actions will be taken to minimise the possibility of such an event recurring. This may include counselling, training or discipline as deemed appropriate.

Again, please accept my sincere apology for this incident and please feel free to contact me should you wish to discuss the matter further.

Regards,

NAME
Acting Manager Urban Reticulation
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Re: Template for Reporting Incidents to Police

Postby Aushiker » Wed Oct 05, 2011 11:15 am

Hi

Here is another sample letter from CyclingMikey.

On Saturday 1st October at 10:04am I passed a Sainsbury's delivery driver on the phone. He was waiting at the giveway with the intersection of Talfourd Road and the A202 in Peckham.

Phone driving is as dangerous as drink driving, regardless of whether the phone is hand held or handsfree. The populist Mythbusters episode linked in the video description confirms this, but there are a number of rigorous scientific studies confirming this.

The driver was a **** **** for the purposes of identification, and although the video doesn't clearly show the phone, I was in no doubt whatsoever that he was on the phone. I do appreciate the potential consequences to the employee of reporting this sort of behaviour, so I try very hard to be careful and discard any instances where there's any doubt in my mind.

The video may be found on YouTube.com by searching for the vehicle registration, CA10URR, or for "Sainsburys delivery driver". This is only the second Sainsburys driver I've reported in 3 years, which is a pretty good indication of how very good your drivers generally are given that I cycle some 7,000 miles per year and thus encounter many drivers.

Please could someone get back to me via email confirming receipt of this message and that some action has been taken on it? I'd also like to know corporate policy on the use of handheld and handsfree phones.

Best regards,
Mikey.


Regards
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Re: Template for Reporting Incidents to Police

Postby diggler » Thu Oct 06, 2011 10:28 am

Miracles happen. Just got a call from the traffic Sergeant at Glebe police station. They will proceed based on my video evidence. I have to go to the police station to make a formal statement. They will proceed on the using mobile phone and defective brake light, but not dangerous driving.

Basically if you are not hit, police will not touch dangerous driving. Too hard to prove. Luckily I caught the offender doing other things.

Although this story seems to have a good result, it was only because I was lucky they had other infringements. This doesn't bode well for the future.
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Re: Template for Reporting Incidents to Police

Postby GraemeL » Thu Oct 06, 2011 11:21 am

Its still a very good result, the driver may think twice next time, knowing that he may be on video.
Although what about illegal lane change or failure to indicate? I'm no law junky but it looks like there could be other charges, for the car that followed as well.

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Re: Template for Reporting Incidents to Police

Postby waynohh » Mon Oct 10, 2011 11:01 am

diggler wrote:Basically if you are not hit, police will not touch dangerous driving. Too hard to prove. Luckily I caught the offender doing other things.


Even if you are hit, don't always count on them to do anything from video and your word unless there's police involvement at the scene, hospital records, stuff like that.

The driver of the truck that hit me 3 months ago is still out there trying to kill people. Same as the road-raging bogan who tried to put me under his commodore 2 months ago. In my experience police are only interested in revenue, not punishing dangerous individuals, even when they handed proof for absolutely no work on their part.
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Re: Template for Reporting Incidents to Police

Postby diggler » Fri Oct 14, 2011 11:09 pm

I have so little faith in the police. I am very tempted to take pre emptive action. I'm getting a horizonta safety flag. I'm also thinking of carrying a bidon of brake fluid to spray cars that upset me greatly.
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Re: Template for Reporting Incidents to Police

Postby Kururunfa » Thu Oct 20, 2011 1:26 pm

Cycling Australia should run frequent safety campaigns, many drivers are completely ignorant when it comes to road rules invloving cyclists
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Re: Template for Reporting Incidents to Police

Postby Aushiker » Sun Oct 23, 2011 11:34 am

Kururunfa wrote:Cycling Australia should run frequent safety campaigns, many drivers are completely ignorant when it comes to road rules invloving cyclists


Not sure it is within Cycling Australia ambit at all: Cycling Australia's focus is on overseeing cycle racing in Australia.

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Re: Template for Reporting Incidents to Police

Postby GraemeL » Sun Oct 23, 2011 1:00 pm

It would be nice if all cycling groups got together and contributed to a safety and awareness campaign that was run on a regular basis.

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Re: Template for Reporting Incidents to Police

Postby adriana23 » Tue Nov 15, 2011 12:51 am

Oxford wrote:Having had some success recently with reporting incidents to Police that have supporting video evidence and at the request of some members to reveal the method I use I have put together a template based on what I have done in the past that combines a letter with a statement and other information.

In future I will not be personally presenting to a station, I will be simply writing to the appropriate station that looks after the area where the incident occurred using the template I have created.

The following link will take you to a Google Document where I have summarised my past experiences. Please feel free to use it, make suggestions for changes, additions or other things that you feel will enhance it. Hopefully if more people start to do things such as write to the police or show up at a station we will begin to see changes occurring.

https://docs.google.com/document......

If you have suggestions for additions or alterations, please copy the particular section and make it clear what the change or suggestion is.


Hey Oxford, that was really great... thank you for that!
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Re: Template for Reporting Incidents to Police

Postby Aushiker » Sat Dec 10, 2011 3:20 pm

Hi

I meant to give some feedback on this template following my use of it in regards to a traffic incident in the North-West Metropolitan District (Perth, WA). The driver was charged BTW but the Officer who handled the incident (he has actually been helpful with advise in the past) suggest sticking to the facts in the report (the statement which he liked, particularly the map of the area etc), i.e., leaving out the emotional parts. By keeping in the emotional parts it just gets to much to work through and comprehend.

On the subject of comprehension, I have just drafted this response to the Assistant Commissioner Metropolitan of the Western Australian Police, Mr Stephen Brown. It is in reply to his letter to me over the handling of a number of issues by Superintendent Lindley, South Metropolitan District. My letter that to the Assistant Commissioner was four pages long and quite detailed (copy available on request). The Assistant Commissioner's response was a one page brush off.

My draft to the Assistant Commissioner is:

Mr Stephen Brown
Assistant Commissioner Metropolitan Region
Western Australian Police
2 Adelaide Terrace
EAST PERTH WA 6027

Dear Mr Brown

I am replying to your letter of December 6, 2011, your reference eA953669 & 0198611FV001 that was in response to my concerns about the review of a number of traffic incidents by Superintendent Lindley.

I sincerely apologise for writing a letter which extended to four pages and which was clearly without a doubt one that tested your comprehension skills and your ability to respond in accordance with the Western Australian Police Forces' principles in respect to complaint handling and the WA Police Strategic Plan 2010 -2013.

I assure you that should I have realised that this would have happened I would have raised my concerns in a series of letters no more than one page long and limited as best as possible one question or query.

Yours faithfully


and I have drafted a response to the Commissioner as well ... kepted that to one page as well. I am learning :)

Dr Karl O’Callaghan
Commissioner of Police
Western Australian Police
2 Adelaide Terrace
EAST PERTH WA 6027

Dear Commissioner O’Callaghan

I am replying to Assistant Commissioner Brown’s letter of December 6, 2011, your reference eA953669 & 0198611FV001. Assistant Commissioner Brown in his letter attempts to assure me that the matter raised was treated seriously. Regretfully the response has not reassured me in the least. However I am sure you will be pleased to know that Assistant Commissioner Brown has reassured me:

(1) That the Assistant Commissioner considers it acceptable that senior officers are ignorant of the Road Traffic regulations and that such ignorance is acceptable to defend the lack of action to an incident report. Furthermore that it is acceptable to use such ignorance in an attempt to intimidate members of the public.
(2) That the blame the victim culture is still prevalent in the Western Australian Police Force.
(3) That making an error in a incident report is sufficient grounds to do nothing, despite video evidence showing the correct information.
(4) That there is NO point in reporting traffic incidents that occur in the South Metropolitan District and in fact I already been involved in an incident, which I haven’t reported despite advice to the contrary. I do thank Assistant Commissioner Brown for supporting this action.
(5) That should one raise issues in a letter that exceeds one page the response will be to treat the concerns with contempt.

I see no point in you replying to this letter and therefore do expect one. I just hope you reflect carefully on the implications of what has occurred and how it reflects on the Western Australian Police Force.

Yours faithfully


Pushing my luck? Constructive feedback appreciated.

Regards
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Re: Template for Reporting Incidents to Police

Postby Tracey Gaudry » Fri Jan 20, 2012 3:44 pm

GraemeL wrote:It would be nice if all cycling groups got together and contributed to a safety and awareness campaign that was run on a regular basis.

Graeme


Hi Graeme, The AGF spend a great deal of time and effort promoting exactly this kind of collective initiative with colleague bike organisations, and ensuring that it was delivered in a 'whole-of-bike-community' way not lead/owned by any one organisation. It's not there yet at on a nationwide level, however we're working directly with bike and road safety groups on joint initiatives. The collective buy-in really needs to happen to swing the pendulum.

Happy for your thoughts.

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Re: Template for Reporting Incidents to Police

Postby CommuRider » Wed Feb 22, 2012 2:04 pm

Bumping this up.

Found Ox's template really useful in documenting Subaru driver who threatened me and my son on our way to school last week. Made me think step-by-step how to write all of the facts as I can remember of the incident and what action I wanted.

While action was limited to the Constable going to talk to said driver, the process of writing up the incident was really useful. It emphasised on how cops can only deal with facts but they need the best of facts that you can give them.

The more accurate you are with your written evidence, the better your oral evidence will be when you speak to the cops. If you want action, be presentable (suit and tie will not go astray - don't wear lycra) have video and photo footage in front of you, your video equipment to show what you are using to document incidents and speak in a fortright manner.

You might not get what you want but if you want a bit of action or remedy, then this is the best way.

Preparation and Prevention is way better than the cure peeps. Have your vids ready and Ox's template should you be unfortunate enough to be in an incident. A couple of hours work writing things up will impress upon them how serious you are when reporting the incident.
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