Question. win in court?
Discussion
Hi all. Got a question for anyone experienced in couts or law.
Had my car keyed and got a good idea who it was. got the police involved they took statements etcs and eventually questioned him under caution. called me back and told me they think he did it but its his first offence and the damage was less than £2500 so they wont take it further.
Someone said I could summon him to cours/ small claims. Now I want to know would I win cos if I dont its jst going to cost me more and be rather embarrassing for me.
The police took statements so they should be accesable surely? I have no hard evidence against him but I can place him at the scene at the time, he has motive (he hates me) and he made a threat to do it (and I have a witness to that) (police know all this and have it documented)
I can go into further details of what makes him appear guilty if anyone needs me too but what would you think of my chances here?
thank you.
Had my car keyed and got a good idea who it was. got the police involved they took statements etcs and eventually questioned him under caution. called me back and told me they think he did it but its his first offence and the damage was less than £2500 so they wont take it further.
Someone said I could summon him to cours/ small claims. Now I want to know would I win cos if I dont its jst going to cost me more and be rather embarrassing for me.
The police took statements so they should be accesable surely? I have no hard evidence against him but I can place him at the scene at the time, he has motive (he hates me) and he made a threat to do it (and I have a witness to that) (police know all this and have it documented)
I can go into further details of what makes him appear guilty if anyone needs me too but what would you think of my chances here?
thank you.
RB Will said:
I don't know what he said to the police. Fairly sure he was questioned under caution whatever that means, guess its just a case of "dont be a naughty boy now will you"
If he didn't admit it & there is no physical evidence linking him to it, then you only have circumstantial evidence.yeah thought of that already, other half has threatened to leave me if I do though, and annoyingly I dont really want to loose her.
anyway here is the circumstances.
1. my car was parked up a private driveway out of sight from the road so you had to drive up it to know it was there.
2. car has been parked there numerous times over the past months yet the damage occurs the 1 time that the accused and my car are there at the same time.
3. he was dropping off the other halfs sister on the day and he said to her he would damage my car when he left. (annoyingly she didnt stay n watch him drive off). weirdly next time I see my car it had a nice scratch down it.
4. its the first time in the months since the accused and I fell out that he has been able to get to my car, let alone so easily and conviniently.
5. there were 3 other cars there why would someone target mine in particular? mine was certainly not the easiest to get to
6. its the kind of damage that some coward with a grudge would do not annoying little yobs on a dare etc its just 1 straight line about 2 ft long down osf wing and onto door and deep. not a random scribble but done with some effort.
7. unlikely to be thieves as no signs of attempted break in despite the headunit being in there and about 100cds on the back seat.
cant think of anything else off the top of my head.
would that little lot be any good?
anyway here is the circumstances.
1. my car was parked up a private driveway out of sight from the road so you had to drive up it to know it was there.
2. car has been parked there numerous times over the past months yet the damage occurs the 1 time that the accused and my car are there at the same time.
3. he was dropping off the other halfs sister on the day and he said to her he would damage my car when he left. (annoyingly she didnt stay n watch him drive off). weirdly next time I see my car it had a nice scratch down it.
4. its the first time in the months since the accused and I fell out that he has been able to get to my car, let alone so easily and conviniently.
5. there were 3 other cars there why would someone target mine in particular? mine was certainly not the easiest to get to
6. its the kind of damage that some coward with a grudge would do not annoying little yobs on a dare etc its just 1 straight line about 2 ft long down osf wing and onto door and deep. not a random scribble but done with some effort.
7. unlikely to be thieves as no signs of attempted break in despite the headunit being in there and about 100cds on the back seat.
cant think of anything else off the top of my head.
would that little lot be any good?
RB Will said:
Someone said I could summon him to cours/ small claims. Now I want to know would I win cos if I dont its jst going to cost me more and be rather embarrassing for me.
The proof required is lower in a civil court (balance of probabilities) so that's in your favour.If you win, does he have the money to pay?
vonhosen said:
RB Will said:
I don't know what he said to the police. Fairly sure he was questioned under caution whatever that means, guess its just a case of "dont be a naughty boy now will you"
If he didn't admit it & there is no physical evidence linking him to it, then you only have circumstantial evidence.Although the 'other halfs' sister may have heard the intent to do it, if in court if he is willing to lie and say he didnt do it then you have no hard evidence, and the case will be thrown out.
I am pretty sure that unless there is a reliable witness to the actual damage that this and other civil actions will not be sucessful, unless of course the defendant is willing to own up!
IMHO, not much of a chance, I'm afraid.
As stated above, you need some form of hard evidence (typically witness statement and/or CCTV footage) for your case to hold-up. Balance of probabilities goes against you if this is the scrote first (probable) offence, as per police statement (based on hunch, not more). I'm saying probable as, again, there is no proof, just circumstantial evidence. Statement of intent from your other half sister could help in court, but you would need additional elements of proof for the case to stand a realistic chance (not necessarily linked to the actual damage, though, you need to establish a "reasonable base" for the action to have occurred).
Tough and disgusting.
As stated above, you need some form of hard evidence (typically witness statement and/or CCTV footage) for your case to hold-up. Balance of probabilities goes against you if this is the scrote first (probable) offence, as per police statement (based on hunch, not more). I'm saying probable as, again, there is no proof, just circumstantial evidence. Statement of intent from your other half sister could help in court, but you would need additional elements of proof for the case to stand a realistic chance (not necessarily linked to the actual damage, though, you need to establish a "reasonable base" for the action to have occurred).
Tough and disgusting.
Edited by Troesma on Tuesday 17th July 23:53
RB Will said:
poo ah well thanks guys. I dont think I will risk it then. kinda wish I had not mentioned the damage to anyone now and just waited a couple of nights and completly mashed his car. if only we could turn back time eh. But of course I would never do a thing like that 
Of course not, wait at least a couple of weeks. 
you can bring a private prosecution, or just sue in civil court. Circumstantial evidence is still admissible evidence but it's going to be a lot harder to convince the court - police prob wont let you have statements.
Also, is he not likely to do it again and do more damage in revenge of you 'doing' him.
Sad state of affairs that we have to be scared of prosecuting for fear or revenge but it sonds likely in this case. Furthers the view that police are generally a waste of time- this is his first offence, how do they know, perhaps the officer on his other offence took the same view, how can he ever be convicted of his first offence if this is their approach.
Similar to my recent encounter with the plod who said "they only stole £1000, thats not enough for our fraud team" yeah only took £1000 that you know of.. do some work ffs.
Also, is he not likely to do it again and do more damage in revenge of you 'doing' him.
Sad state of affairs that we have to be scared of prosecuting for fear or revenge but it sonds likely in this case. Furthers the view that police are generally a waste of time- this is his first offence, how do they know, perhaps the officer on his other offence took the same view, how can he ever be convicted of his first offence if this is their approach.
Similar to my recent encounter with the plod who said "they only stole £1000, thats not enough for our fraud team" yeah only took £1000 that you know of.. do some work ffs.
RB Will said:
yeah thought of that already, other half has threatened to leave me if I do though, and annoyingly I dont really want to loose her.
Sound like she is sticking up for her sister, rather that you, I'd have a word there... If he gets lippy again, just wait a couple of months, then have him seen to. Make sure you are with the other half at the timeJust call it an eye for an eye, I'm sure he will understand whist he recover's. Oh, im not talking about taking out in his car either...
Im sure the Police will understand this course of action, after all, it's not you, you have a witness...
Mr F
RB Will said:
Hi all. Got a question for anyone experienced in couts or law.
Had my car keyed and got a good idea who it was. got the police involved they took statements etcs and eventually questioned him under caution. called me back and told me they think he did it but its his first offence and the damage was less than £2500 so they wont take it further.
Someone said I could summon him to cours/ small claims. Now I want to know would I win cos if I dont its jst going to cost me more and be rather embarrassing for me.
The police took statements so they should be accesable surely? I have no hard evidence against him but I can place him at the scene at the time, he has motive (he hates me) and he made a threat to do it (and I have a witness to that) (police know all this and have it documented)
I can go into further details of what makes him appear guilty if anyone needs me too but what would you think of my chances here?
thank you.
Clarify the reasons it won't go further. First offence or not makes no difference in my force. If there is evidence to suuprt prosecution then they get charged or if admit it on first offence caution/reprimand. Clarify what they mean by taking it no further? They have an interest in seeing it charged/caution as that is what is known as a sanctioned detected. Had my car keyed and got a good idea who it was. got the police involved they took statements etcs and eventually questioned him under caution. called me back and told me they think he did it but its his first offence and the damage was less than £2500 so they wont take it further.
Someone said I could summon him to cours/ small claims. Now I want to know would I win cos if I dont its jst going to cost me more and be rather embarrassing for me.
The police took statements so they should be accesable surely? I have no hard evidence against him but I can place him at the scene at the time, he has motive (he hates me) and he made a threat to do it (and I have a witness to that) (police know all this and have it documented)
I can go into further details of what makes him appear guilty if anyone needs me too but what would you think of my chances here?
thank you.
You may find that he has admitted it and due to the low value been cautioned. If he has not then it would go to the CPS for advice to decide if there is enough to charge. It would then be the CPS not the officer who drops it.
More info about the police decision of you can please?
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