A legal question or not!!!

Discussion in 'The Intelligence Cell' started by india-juliet, Mar 28, 2006.

Welcome to the Army Rumour Service, ARRSE

The UK's largest and busiest UNofficial military website.

The heart of the site is the forum area, including:

  1. Right chaps, any legal eagles out there, Here is a post on another web forum but im intrigued to the answer too:

    i've just had my lovely black metallic paintwork scratched for the 3rd time in as many weeks on my previously unblemished 18 month old car doors - along with the obligatory small dents, whilst parked in the visitors section of the private carpark for my block of flats.

    Its got me wondering - does this count as a criminal matter - e.g. criminal damage, as the person is reckless as to cause damage to my car by allowing their door to swing open out of control; or is it classed as an rtc - and being as the person who caused it is never still there, a fail to stop at that?!

    or is it neither?!

    obviously to do something about it i'd either have to catch them in the act or they'd have to be decent enough to leave their details for me - but i'm a bit lost as to which route i'd have to follow if i ever did!

    My presumtion is it's on Private Property so it's a civil matter. Any takers??
  2. If it's on private property then there is no comeback. Same for things like Petrol Stations and Tescos Carpark.

    Hope this helps.
  3. Thanks for agreeing with my suspicion too, Your fcuk'd when it comes to incidents of such nature on Private Property.
  4. Er, if somebody keys your car in those circumstances it's clearly Criminal Damage, public place or not. s.9 Theft Act doesn't cover a conveyance and it's not in a dwelling so it's not a Burglary.

    What does or doesn't constitute a "Road" under the Road Traffic Act is a stated cases nightmare, car parks can under certain circumstances, be "a road."

    Hmmm. It's thin in a real-world context but technically it might be a criminal damage.
  5. If it´s really badly damaged then do like your colleages do.......................burn it on open wasteground and tell your mates it got stolen;Don´t forget to bring small girl to court to help with suspended sentance! :twisted:
  6. Same thing happen to me, exactly the same circumstances (even down to the car colour and age!) except I knew it was a white or silver car. When you park your car, put a A4 note typed in capitals with the large-ish size font on the inside of your windscreen asking them to stop it and be more bloody careful in future, that way you're not pointing fingers at no-one in particular. It worked in my case anyway.
  7. Who's colleagues are you refering too??
  8. Civil matter in any event. If they were negligent in opening their car door and caused you damage (scratches) then you have the makings of a civil claim... but you have to know who did it and some evidence.

    It won't be a criminal matter as there was no intent to cause the damage (I assume it was an accident and the individual did not have the courtesy to leave details).
  9. Er, not quite. A crime is a crime wherever it takes place, unless it's gay rape and manslaughter and it takes places in Barrymore's pool.

    If someone scratches your car on the High St, your own driveway, Tesco's car park or other private property they have wronged against you; just because it's a car on private property that has been damaged is irrelevant. If they did it deliberately or carelessly then they'll be guilty of an offence under s1(1) of the Criminal Damage Act 1971 (below). If it really was an accident then they will still be liable under the tort of negligence, and that is a civil claim, try The Court Service for further details.

    1. Destroying or damaging property.

    (1) A person who without lawful excuse destroys or damages any property, belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be detroyed or damaged shall be guilty of an offence.

    Edited to finish, I pressed submit to soon!
  10. Agreed Maj B. Private property/public property doesn't make any difference for criminal matters. There was some debate a while back about waht constitued "a road" for the puposes of the Motor Insurers Bureau and car parks were specifically cited.
  11. Damaging a car and not reporting it is criminal damage. A car park that is open to the public (no barriers) then the person doing the damage should also be done for failure to report an accident. To damage someone's car and not report it is a crime, no matter where it happens.

    Find out who did it and pour brake fluid all over their car, then take a small hammer and make lots of little pock marks on all the edges of his car's panels.

    Just kidding.

    If the car that did the damage has gone and there is no evidence (have you asked nearby building owners if they have any CCTV?) then there is not much you can do except get angry. At this point in time I would like to show my appreciation to the stupid fat Romanian b1tch who reversed her Dacia into the rear quarter panel of my Porsche last week in Austria. I further congratulate the silly cow for not having any insurance, and I hope that she (and her 6 kids) enjoyed the hospitality of the Austrian Polizei.
  12. Wasn´t it you who started this thread?I thought you are/were a Copper! http://www.arrse.com/cpgn2/Forums/viewtopic/t=34402.html
  13. My original thread on this did state that I found this question on another forum website and it is personally not my question. I pocess a motorbike not a car. It just intrigued me as Private property can be a grey area. In my other thread regarding the copper who burnt he's own car, Im sure he's Force took the correct decision. Nobody is above the law.