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Posting for a friend and was hoping to get a little advice please.
Friend was parked outside another friends house one evening, neighbour comes out of house and scratches my friends car door, obviously not realising someone was in the car.
Police were called, crime number given. PC went to the house, spoke to the neighbour who admitted the offence. PC then had a chat with my friend and informed them what the neighbour had said. There was also a brief discussion about claiming on car insurance.
My friend has just accrued two years no claims so is reluctant to try and claim via insurance (estimate for repair is £350).
Is this likely to be passed on to the CPS, the PC's notes sufficient as evidence? Is there another way to claim using the County Court system, does anyone have any advice in this regard please?
My friend is keen to pursue this in some legal manner as it wasn't an accident and feels it is unfair for the neighbour to go unpunished.
Any and advice would be greatly appeciated please!
If the police don't do anything as (as I suspect) the offence isn't worth their dealing with, suggest to your 'friend' that they go back around to the house and put their window through/kill their dog/shit through their letterbox. Arseholes - I hate self-entitled people like that.
You can claim through small claims court since you have his name, address, crime reference number, plus he's admitted it to police.
Can't offer any legal advice, but there are some right arse holes around. Reason for keying the car? Guy has admitted it to the police, surely they should be prosecuting this crime? As it is there seems little reason for him not to do it again.
Criminal damage no?
Isn't this [url= https://www.cps.gov.uk/legal-guidance/criminal-damage ]Criminal damage?[/url]
Reason for keying the car?
Daring to park outside his house, I imagine. Sounds like my old neighbour, but people are like this everywhere.
Yes, Small Claims.
Daring to park outside his house, I imagine. Sounds like my old neighbour, but people are like this everywhere.
I'm sure you're right. Exactly the sort of person that needs to be punished.
Probably is criminal damage, but even if the police prosecute and he's found guilty, doesn't necessarily get the car repaired.
Might stop him doing it again though
Just one small point I'd like to add, my friend has never parked outside this neighbours house.
The neighbour keeps his car on the road directly outside his own house.
Anyway, thanks for the replies, I will pass this info on to them!
So what was the motive? Was he boffing the neighbour's wife?
If I was him I wouldn’t notify my insurance.
He could lose his no-claims and have to start from scratch.
He could lose his no-claims and have to start from scratch.
I see what you did there.
Go down small claims court route. Simple, cheap and effective.
Deffo don't notify insurance.
He could tentatively research private prosecutions as well. Not sure how much effort that is - could be vast! Very satisfying if it's feasible, though.
This really boils my piss. Why won’t they prosecute? He’s broken the law and admitted it ffs!
Was it a Skoda?
I once had my car keyed after blocking the entrance to someone's drive. The problem was, it was my friend's drive I was blocking and we were there visiting so presumably some random neighbour decided that I shouldn't have parked there and delivered their own retribution.
Wanted to keep this vague but I'll add some more details...
This neighbour is 60 years old and is known to be grumpy towards other neighbours, drives an old tatty car but has a very nicely kept large Victorian semi detached house, ample parking.
My friend is 20, drove a cheap older car for two years, worked two jobs to save up then replaced it with a three year old car.
Apparently one of the comments which the PC will have in his notes was, 'I f-ing hate that car', so the issue probably is parking.
Is there any way to insist that the Police/CPS make a prosecution?
He could lose his no-claims and have to start from scratch.
That's a key point.
See what I did there?
Small claims again, easy to do online. Even ask Citizens Advice, I found them very helpful when I claimed against a garage that ripped me off.
I once had my car keyed after blocking the entrance to someone’s drive. The problem was, it was my friend’s drive I was blocking and we were there visiting
I didn't get keyed but got a load of verbals for parking across a drive one Saturday morning. Their anger abated somewhat when i opened the boot and offloaded the shopping into the driveway of my own house.
This really boils my piss. Why won’t they prosecute? He’s broken the law and admitted it ffs!
Who has said they won’t ?
One thought to add, but it sucks. (If I understand correctly), your friend taking the neighbour to court or pursuing further could make it difficult for their friend (whose house they were parked outside) living next to the neighbour for the foreseeable future.
Or if a friend of mine sued my neighbour, things might get a little frosty between me and my neighbour, and I still have to live next to them. Not to say the neighbour should get away with it, but it's a consideration 🙁
It can take a while for things to come through. It sounds like he should be prosecuted, but it's not the crime of the century.
On the other hand, I had some charming neighbours from down the road come over on Christmas morning and accuse me of keying their cars (rather than asking if I'd seen anything the night before - call me Sherlock but I reckon it's far more likely to be someone without kids that hated them before that point and was out on the piss the night before...). Don't know who did it, but I was glad my neighbours had already been punished for their behavior.
Good point Nicko, that may rule out Court action
To counter nicko74's point, if my neighbour keyed a friend's car and was caught red handed, things would get beyond frosty unless it was very much out of character and he proactively sought to put things right. Do you really think you would have him knocking at the door offering to pay up if he hadn't been caught? Do you think this is the first car that's been vandalised? Do you think everyone should have to suck up higher insurance premiums and/or driving about with vandalised paintwork?
Perhaps more importantly, do you think that his behavior could escalate?
Friend was parked outside another friends house
Apparently one of the comments which the PC will have in his notes was, ‘I f-ing hate that car’, so the issue probably is parking
Is friend 1 often outside friend 2's house or is the neighbour a bit on the swivel-eyed side ?
The guy is a coward, Police had to visit him twice, first time he wouldn't answer the door. My friends don't want to do anything to antagonize the situation and certainly no sort of violence or revenge. Payment to restore the damage and hopefully further action taken by the authorities is all they are hoping for hence my post asking for advice on how best to do that.
Anyway thanks again everyone!
Btw, this happened about a month ago now.
Culprit is possibly not the full ticket, could that explain police reluctance to proceed?
It's reassuring to know that you can avoid being prosecuted for a crime simply by not opening the door when the police pay a visit.
One thought to add, but it sucks. (If I understand correctly), your friend taking the neighbour to court or pursuing further could make it difficult for their friend (whose house they were parked outside) living next to the neighbour for the foreseeable future.
Or if a friend of mine sued my neighbour, things might get a little frosty between me and my neighbour, and I still have to live next to them. Not to say the neighbour should get away with it, but it’s a consideration
Really?
I suspect things have already gone waaaaayy past that point.....
My main advice would be to invest in some discreet CCTV covering any area of your property your arsehole neighbour may be able to access.
Chances are the most the old bastard will get is a caution, unless he's got history. But your friend should be speaking to your neighbourhood policing team to increase the chances he will get at least that.
This neighbour is 60 years old and is known to be grumpy towards other neighbours, drives an old tatty car but has a very nicely kept large Victorian semi detached house,
Key his house?
"This neighbour is 60 years old"
He's probably one of the younger ones on this forum then.
Community resolution or a conditional police caution is what’s called for here. neighbour agrees to apologise and cough up in exchange for no further action by the police. This would be a reasonable and proportionate use of police time and the car gets fixed. Suggest it to the bobbies maybe? Although I bet they are considering it anyway. They can’t just ignore it, it has to be resolved one way or another.
On the face of what has been written here, what a **** that 60 year old neighbour is, if stuff like this is not prosecuted by police then what hope do we have going forward? You can't admit to damaging other people's property to the police and get away scott-free, ffs!
Repair and Community Service minimum, imo.
Why do people keep getting all “ffs” and moaning that the police aren’t doing anything?
Nobody has said that he won’t be prosecuted.
Why do people keep getting all “ffs” and moaning that the police aren’t doing anything?
Nobody has suggested that he won’t be prosecuted.
Its bizarre isn’t it. Like the daily mail have got averyone believing that even when there is ample evidence that people walk away Scot free. In reality cases like this come to magistrates courts every day. The CPS may consider alternatives to prosecution, but “victims are at the centre of the justice system” now so would usually be consulted.
:-).
Its bizarre isn’t it. Like the daily mail have got averyone believing that even when there is ample evidence that people walk away Scot free.
There is a fairly strong irony though that this place would resemble the Daily Mail comments section, when we can’t even direct link to the actual comments section we now seem to be mimicking 😂
I would be giving the culprit the option to cover the cost of the repair, whilst making it clear you will pursue with the Police and SCC if he is not co-operative.
The long and short is you may remain with a scratched car, or out of pocket, but he will end up with a possible caution and court judgement against him. If he doesnt like the Police knocking, will he welcome the baliffs?
I had a similar sort of experience. A good friend of mine parked approx 3 houses up the road in front of someones house. They came home from work and could not park in "their" space. So they blocked him in and then refused to move to let him out.
Being a short tempered guy he lost and proceeded to try to lift the blocking car out of way, on his own??????
rather than call the 4 other 20 something lads in the commune I was living in to help move the car
He dented in the front wing and got arrested at a later date for criminal damage to a a motor vehicle.
The owners were happy to settle for a cash amount = to the agreed cost of the repair, there is an insurance compay approved cost model .
He however was not happy as it was kind of induced by them being a-holes , but he paid to avoid a criminal record. Then there might have been a karma rebalance at 0200 one morning,
So , maybe your friend could also agree to compensation instead of court , but not a dentmaster panel blow job, proper body shop repair.
CPS probably wont follow it through anyway, not in public interest, too small value, bigger fish to fry etc
CPS will have nothing to do with a case like this - criminal damage under £5k, clear admissions, no defence raised = police charging decision. This means the Bobby will need to take the case to an Evidential Review Officer (civvy who earns less than the Bobby, but whatever...) and a case disposal decision is sought. If knobjockey scratcher has no previous he will either be offered a simple caution or a conditional caution, which is the same but Mr Scratcher has to do something first I.e pay for the damage.
Car Owner has loads of rights here - if all else fails then make a formal complaint, but much better to speak to the Officer before a disposal decision is made - once administered, a Caution cannot be escalated.
He however was not happy as it was kind of induced by them being a-holes , but he paid to avoid a criminal record.
Your friend was right to be annoyed initially, but criminal damage is still the worst of the two things.
Then there might have been a karma rebalance at 0200 one morning,
And this makes him the biggest arsehole in the story by a loooooong way 🙄
...and it’s not a “karma rebalance” it’s ust a pathetic childish response to not getting his own way. Pretty pathetic really.
Car owner knocks on the perps door and asks them to pay for damage.
If they say no, you either go small claims or suck it up.
The whole prosecution thing is separate to this.
Nobody has suggested that he won’t be prosecuted.
^ he won't be prosecuted. It sucks but it's a tiny scratch relatively and the police treat neighbour disputes as something for individuals, insurance companies and the council to deal with.
Had mine done by a local when the place I was working was overflowing in the car park and they told us to park in the local streets. No one parked there in the day, quiet area, wide road, 100% legal right to park there and responsibly parked, not near junction, not blocking access or restricting width of the road. Nimby old bloke keyed dozens of cars, the full length of each including mine. Knew who it was as he kept putting cones outside his own house (we didn't park there), even though the cones have no legal enforcement.
Police did nothing.
Insurance job, polished out, moved on with life. Sucks, but got better things to worry about really.
Though can understand if you have to live next door to someone like that then things can escalate if not resolved, but the police aren't really going to resolve it until it becomes an ASBO situation enough to arrest or kick them out the house.
Key his house?
I'll see your ^^ and raise you
Key his anus with your penis
Appreciate the additional comments, particulary from siwhite.
Will chat to my friend over the weekend and hopefully update with a positive outcome
Zap the guys brake discs with a stun gun. Leaves no evidence, but car will never run again 🙂
he won’t be prosecuted
Your own guesswork based on your own story which is totally different and involves the police having no evidence whatsoever other than what you think happened, and no confession by the person responsible.
The OP’s story is completely different. Total slam dunk to improve successful crime solved/prosecution statistics. He admitted to it when he was asked by the officer investigating.
I’m surprised you can’t spot the difference between this and your story to be honest.
Go back round to the old bastards house. Tell him he has the choice of settling £500 cash or it goes to insurance, with them being passed crime reference etc, and they'll recoup additional costs. Put a bit of fear into the old git, tell him that every single neighbour will be made aware of his criminal act and pending action against him. Basically use any fear point possible as leverage, and keep the pressure on, daily. Does he have a wife who can be talked to as well?
Basically use any fear point possible as leverage, and keep the pressure on, daily. Does he have a wife who can be talked to as well?
I don't think escalating to blackmail is really going to help.
Civil Court Proceeedings.Old codger probably wont turn up. Judgement obtained.
Escalate to Baliffs. Soon the £200 scratch will be £1500 with additonbal court and Baliff recovery costs. Obtain if he doesn't settle with them, obtain a charging order.
Then he can't sell his expensive house, and will have some explaining to his family if when he needs to sell when he goes into care/dies. Won't be able to do a thing til the debt, with interest at a punishing rate is applied.
I don’t think escalating to blackmail is really going to help.
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<div id="stw-1063737421" class="stw-forum-replies-3">I respectfully disagree. At the end of the day, the wronged party should seek to use any form of persuasion available to recoup their losses. And so often, a grumpy old bastard has an embarrassed wife who can be persuaded.</div>
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The old boy sounds like a right toolbag. I don't think people like him should just get away with behaviour as nasty/spiteful/petty as that. I'd be interested to hear what the police suggest. I wouldn't want to go through insurance either but I would expect him to pay for the repair as a minimum. He should not under any circumstances just get away with that.
Bet your mate is gutted. I would be too.
Was it a Skoda?
What has that got to do with anything?
I don’t think escalating to blackmail is really going to help.
That’s not blackmail. That’s ‘restorative justice’, silly!
Nowt wrong with a brick through the window. Another one when it's repaired.
I've read some stupid shit on here, but that really takes the cake.
What has that got to do with anything?
Some people really don't like Skodas. Would you want one outside your house?
Not a Skoda but from the same group manufacturer.
Anyway, he's paid for the damage he did!
Don't have the full story but the Police suggested he pay and say sorry, he transferred money the same day. I understand no further action is being taken.
My friend does not want to see him so the apology can wait.
So that's it, thanks to everyone that replied and hopefully this thread may be of use to someone else if they unfortunately find themselves in the same situation.
Tail firmly between legs then. You can enjoy laughing at the old fool next time you see him.
Good result, especially if the old git might have leant his lesson.......If not, it's a shame he hasn't been punished further.
Why do people keep getting all “ffs” and moaning that the police aren’t doing anything?
That's the tone I get from this too.
It is not the Police fault that they are under resourced. If you don't like it vote differently next time.
If you don’t like it vote differently next time.
Who do we vote for to get old fools who cause minor damage, pay for the damage and apologise prosecuted ?
I’m surprised you can’t spot the difference between this and your story to be honest.
Of course I can. The difference is irrelevant. He won't be prosecuted.
And yes, that's an opinion.
It makes little sense to waste time and money to drag this through the courts for that scratch. It's annoying yes, but to the police it's wasting time when they could be dealing with more serious things. Sure, eventually the person may get fined and maybe that will cover the costs, but may not if he can't afford it. Some other case might have been delayed or shelved to make room for it.
On the other hand taking through a civil prosecution through small claims is fine and the evidence is there that it will be a clear win, but up to the OP. It's hassle and time, and likely to aggravate the situation with the neighbour however. Neighbour disputes are difficult to resolve especially by going to court.
A ticking off by the police with a warning would be better and ask the guy to pay up to repair the scratch. Which it seems is the result ...
Don’t have the full story but the Police suggested he pay and say sorry, he transferred money the same day. I understand no further action is being taken.
Police can issue a caution with very little effort and it goes on someone's record and can be used if they repeat the action.
'Words of advice' really don't carry the same weight in law.
Maybe the offender was offered the choice of paying up or getting the official response?
We understand that was the case.
My friend is happy with the result.
<span class="skimlinks-unlinked">Old</span> codger probably wont turn up.
LOLZ. We've established he is younger than the mode for this STW demographic.
Anyway, sensible result without footwear dampening.
Almost the exact same secnario happened to my brother.Guy was older and seen by a neighbour and we all thought nothing would happen but he admitted it when interviewed by the police. He was taken to court by the CPS fined and had to pay costs and a compensatory payment. Car was older so wasn't worth getting sorted or going through the insurance so can'thelp onthat front.
Your own guesswork based on your own story which is totally different and involves the police having no evidence whatsoever other than what you think happened, and no confession by the person responsible.
What do you think now?
It is not the Police fault that they are under resourced. If you don’t like it vote differently next time.
Yep, that will solve everything.
Put a load of Remainer literature through the blokes door. That will serve him right.