What would you do?

[soufriere]

Parked the car at the local pool car park two weeks back, came back to it to find a chip taken out of the drivers front wing probably by a child slamming their door into it. I left a note for the driver who was next to me asking them to call me. I got a call later saying it couldn't have been her as we have child locks and i let the child out. She suggested i ask the manager to look at the CCTV. I am waiting to see the CCTV footage but from the position of the cameras don't thing i will be able to prove the damage was caused by whoever shows up as parked next to me in the 11/2 hour time i was there. I have put some touch up paint into the chip which takes my eye off it but still really p...es me off every time i get in the car as there it is in my face.
The same thing happened yesterday at the rear nearside of the car and i called the manager out to witness the paint still on the offending cars door, so am hoping this one will be sorted. The owner gave me their details but denied any knowledge of the incident.
What to do? live with it or get possible culprits from the CCTV footage and let the police/insurance company see what they can do?

Edited by soufriere on Saturday 16th September 12:41

[RTZ62]

Hate to sound like a legal almanac, but part of the definition of criminal damage is wheteher it is caused in a way that is "reckless, careless or intentional".

If the 'offending' child is under 10, they are under the age of criminal responsibility, so it's pretty much a non-starter.

The reckless, careless or intentional part would have to be objective in my opinion, and, not withstanding that, if the police become involved, and the 'offender' has no previous cautions / final warnings or convictions and the offence is admitted, then they would be eligable for a caution / final warning. In the instance that the offence is not sdmitted, the CPS would be consulted, and they would have to opine if it is in the public interest to prosecute.

I would suggest that IF the relevant authority allow you to view the CCTV, and IF it shows damage being caused, you MAY consider that a 'small claims court' (aka County Court) action against the offender may be appropriate. It costs relatively little, and if you are successful you can claim the cost of repair(s) and court costs. You may wish to view a website HMCS (Her Majestys Court Service) which leads you through it.

This is in no way meant to be legal advice, and I would suggest that in the event that you take any action, you first seek qualified legal advice, either via a solicitor or Citizens Advice Centre.

Lastly, become fiends with a reputable and recommended bodywork shop - they are few and far between, but once you find one, stick with them (try asking your local TVRCC region organiser for recommendations).

[bigdods]

I had someone do this to me while I was in the car !. Big MPV pulls up next to me, grandad in the back throws his door open *bang* it goes against my door and the car rocks !. Then get gets out closes door and wanders off. So out I jump for a rant at the 4 people who got out of the car, showed them their paint on my door - they just shrugged their shoulders and started walking off. Only me standing in their way with my best menacing look got an apology. Luckily it was my old dog of an Omega that I use for running around so didnt actually matter. Had it been the TVR It would have been a different story.

How can people just do this kind of thing ? Makes my blood boil.

On the upside I clearly rattled the guy - as soon as I had gone around the corner he jumped back in the MPV and moved it. Bonus was that no spaces left in the car park so he had to park it about a mile up the road. I know cause I passed him walking back and saw his car in its new spot.

[RTZ62]

did I say objective?

If so, I meant subjective, as in, subjective recklessness i.e the defendant is aware that a particular circumstance or consequence will occur and that it is in the circumstances unreasonable to take the risk. (decision of the House of Lords in R v. G & R, 2003).

[360boy]

I had the same thing when I parked my BMW in the car park at Makro.
Came back to find a 10 inch scratch on the front wing.
When I reported it, the staff said that all cars were left at owners risk, and there are signs saying so.
I stuck to my guns and pointed out to the manager, that there were no signs in the vicinity of my car, and that I deliberately parked under a security camera.
After looking at one of their trollies, it was obvious that the corner was at exactly the same level as the scrape.
Without even looking at the camera footage, the manager agreed to pay the repair bill of about £400.