What crime is letting car tyres down?
Discussion
This is happening on my road due to a residence parking issue. Hasn't happened to me yet but it probably will. I think I could find out who's doing it without too much effort, possibly even record some evidence but will the police be interested? What is the crime here, vandalism?
BTW the parking issue is non residence using the residence only parking on the road, getting reported and ticketed. As the non residence have been parking there for ages and only now getting called to task about it they've got all bitter.
BTW the parking issue is non residence using the residence only parking on the road, getting reported and ticketed. As the non residence have been parking there for ages and only now getting called to task about it they've got all bitter.
Mk3Spitfire said:
POTENTIALLY criminal damage, although its very thin on the ground. There's no permanent damage . temporary or minor damage has been held to be "damage" in court, but it is not an easy one.
Potentially a public order offence.
OK thanks for that. Sounds like it might be sufficient for the police to "have a word" at least, of course this may escalate the problem but my feeling is we're dealing more with suburban nuisances and less urban gangstas, I hope.Potentially a public order offence.
RTA 1988 Section 22A(1)(b).
A person is guilty of an offence if he intentionally and without lawful authority or reasonable cause
(b)interferes with a motor vehicle, trailer or cycle,
in such circumstances that it would be obvious to a reasonable person that to do so would be dangerous.
With the cutbacks it will probably not be a high priority matter. That said, if there are multiple victims they should ALL report it to the police so that it can be logged. Also get in touch with your local PCC and ask him/her to exert some pressure because it is not just anti-social but a potentially dangerous act. If the tyre is not completely flat and the driver doesn't notice it could lead to loss of control with unpredictable consequences.
A person is guilty of an offence if he intentionally and without lawful authority or reasonable cause
(b)interferes with a motor vehicle, trailer or cycle,
in such circumstances that it would be obvious to a reasonable person that to do so would be dangerous.
With the cutbacks it will probably not be a high priority matter. That said, if there are multiple victims they should ALL report it to the police so that it can be logged. Also get in touch with your local PCC and ask him/her to exert some pressure because it is not just anti-social but a potentially dangerous act. If the tyre is not completely flat and the driver doesn't notice it could lead to loss of control with unpredictable consequences.
Edited by Red Devil on Tuesday 18th February 15:53
Mk3Spitfire said:
POTENTIALLY criminal damage, although its very thin on the ground. There's no permanent damage . temporary or minor damage has been held to be "damage" in court, but it is not an easy one.
Potentially a public order offence.
No problem with criminal damage. It fulfills the requirement. Damage does not have to be permanent. Potentially a public order offence.
We had problems with people putting ring pulls in parking meters and a warden having to open them, remove the object and rewind the thing to get it back functioning again and that was, with ample case law, sufficient for criminal damage. One of the cases went back to the Luddites.
The clerk of the court took exception to the charge but a 14-page file put him in his place. Something to do with posh people, bank managers and such, being nicked for it.
Mind you, he was a bit of a pain afterwards.
Derek Smith said:
Mk3Spitfire said:
POTENTIALLY criminal damage, although its very thin on the ground. There's no permanent damage . temporary or minor damage has been held to be "damage" in court, but it is not an easy one.
Potentially a public order offence.
No problem with criminal damage. It fulfills the requirement. Damage does not have to be permanent. Potentially a public order offence.
We had problems with people putting ring pulls in parking meters and a warden having to open them, remove the object and rewind the thing to get it back functioning again and that was, with ample case law, sufficient for criminal damage. One of the cases went back to the Luddites.
The clerk of the court took exception to the charge but a 14-page file put him in his place. Something to do with posh people, bank managers and such, being nicked for it.
Mind you, he was a bit of a pain afterwards.
Jaroon said:
OK thanks for that. Sounds like it might be sufficient for the police to "have a word" at least, of course this may escalate the problem but my feeling is we're dealing more with suburban nuisances and less urban gangstas, I hope.
Yea, I'd say so. Especially if there's a spate of them on the street and there evidence to point out the offender. You've got nothing to lose by letting the police know, and perhaps a lot to gain. The local neighbourhood policing team or the equivalent in your area would be ideally suited to dealing with it. See if you can collar one, and have a word.Thanks for the input. It may blow over or just occur sporadically but my house has a perfect view of the area where it has been happening so any basic camera would record the culprit easily, street lighting is also good.
In the mean time I'll ask my neighbours to report all instances on 101.
In the mean time I'll ask my neighbours to report all instances on 101.
apart from the obvious - criminal damage or 'MVI' it's potentially this new offence:
Offence of immobilising etc. vehicles
(1)A person commits an offence who, without lawful authority—
...
(b) ... ... restricts the movement of, such a vehicle by any means,
intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.
http://www.legislation.gov.uk/ukpga/2012/9/part/3/...
Offence of immobilising etc. vehicles
(1)A person commits an offence who, without lawful authority—
...
(b) ... ... restricts the movement of, such a vehicle by any means,
intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.
http://www.legislation.gov.uk/ukpga/2012/9/part/3/...
Mk3Spitfire said:
agtlaw said:
the usual nonsense. it's plainly criminal damage.
The usual arrogance. Plainly a cock.It's quite a strange posting style for someone who advertises for business though imo.
agtlaw said:
Spouted his usual arrogant, egotistical crap..
The criminal damage Act 1971, S.1 states: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 weather any such property would be destroyed shall be guilty of an offence.
Hardman v CC of Avon and Somerset [1986] Crim LR 330
and
Roe v Kingerlee [1986] Crim LR 735
Both these cases the defence raised the issue of the permanence of the damage. Both these cases involved incidents where property was "soiled" but not permanently damaged.
In both cases it was agreed that the issue of permanent damage was one which would in each case be based in its merits.
In summary then, you obnoxious being, it could be crim dam, and in these circs probably would be, but it would not be as clear cut as if the tyres had been slashed.
Red 4 said:
I agree. But unfortunately agtlaw is (99.99% of the time) - correct (spot on actually).
It's quite a strange posting style for someone who advertises for business though imo.
Yes, it is. But in that line of business, I would rather have someone arrogant and right than humble and wrong.It's quite a strange posting style for someone who advertises for business though imo.
Zeeky said:
How do you know that unless you are correct all of the time? 
You don't know what you don't knowAnd, sometimes, it is better to appear stupid by saying nothing rather than opening your mouth and confirming it
I was told this many moons ago by a very wise cop. It has served me (relatively) well.
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