He went berserk
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Discussion

crankedup

Original Poster:

25,764 posts

266 months

Wednesday 7th July 2004
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My Sons car (Pug 306 GTi) was parked outside his place of work. Thicko joepublic decided apparently it would be fun to jump onto the roof of the Pug and jump about, smash the windscreen and jump all over the bonnet before doing a runner.
All caught on CCTV + witnesses. Eventually court day loomed for this person and the court asked for reports before sentencing.
2nd court case due and person did'nt show, warrent issued for his arrest.
My Son has seen person several times since but warrent is still outstanding.
My Son is out of pocket big time and a bit miffed to say least.
It's been over a year now since incident, is there any hope of him seeing any of his money back(excess on policy etc).
Brought our family up to be honest and law abiding like most folk, and they see all this and ask ????. Just wondering if its worth more hassle and phone calls.Oh, person also went on to do same to others cars elsewhere.

streaky

19,311 posts

272 months

Wednesday 7th July 2004
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crankedup said:
..., is there any hope of him seeing any of his money back( excess on policy etc).
The odds are not in his favour, I'm sorry to say! I suggest that the next time the scrote is seen, your son telephones the BiB and informs that that XXX, who has an outstanding arrest warrant against his name is currently to be found at YYY. You never know, it might work! - Streaky

BliarOut

72,863 posts

262 months

Wednesday 7th July 2004
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And you think he may have a knife

markda

836 posts

281 months

Wednesday 7th July 2004
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In my expierence the scrote that inflicted the damage will eventually be convicted of criminal damage. But it's unlikely you'll ever see any compensation

It really sucks doesn't it! Had a friend, who's vehicle was hit by some joyriders running from the police. They caught the thieving scum, but he saw nothing.

Peter Ward

2,097 posts

279 months

Wednesday 7th July 2004
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What I don't understand is that being found guilty doesn't automatically lead to having to pay compensation. You then have to sue said guilty person to get any money. Seems very odd to me.

crankedup

Original Poster:

25,764 posts

266 months

Wednesday 7th July 2004
quotequote all
Thanks for replies guys, remember when I was a kid and got caught for scrumping apples and plums. The copper escorted me back home and spoke to my Mum. When he went to pedal off on his bike he asked me to leave a plum and apple in his saddlebag. I learnt a valuble lesson then, good ole days Its better to say this then vent my spleen over this issue I guess.

JonRB

79,285 posts

295 months

Wednesday 7th July 2004
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crankedup said:
When he went to pedal off on his bike he asked me to leave a plum and apple in his saddlebag.
Ah, so he was guilty of receiving stolen goods then.

Martin Hayter

29 posts

267 months

Wednesday 7th July 2004
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Even better, next time he sees him, tell him to phone the BiB informing them that he's seen the guy speeding - then they'll definitely come out .

kevinday

13,660 posts

303 months

Wednesday 7th July 2004
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Peter Ward said:
What I don't understand is that being found guilty doesn't automatically lead to having to pay compensation. You then have to sue said guilty person to get any money. Seems very odd to me.


This is one of the basic differences between criminal and civil law. Criminal law aims to punish the offender, civil law aims to compensate the injured party. In a case like this you would have to take out a civil case personally to reasonably stand a chance of compensation, the small claims court should be able to deal with this (provided he is not in jail at the time).

bennno

14,881 posts

292 months

Wednesday 7th July 2004
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Peter Ward said:
What I don't understand is that being found guilty doesn't automatically lead to having to pay compensation. You then have to sue said guilty person to get any money. Seems very odd to me.



not sure that is right, when my car got broken in to the CPS made him pay me.

he then stopped the monthly payments, the cps asked if I would forgo the payments to help him, i said no, he continued not to pay, he got banged up. result.....

Bennno

>> Edited by bennno on Wednesday 7th July 22:16

Dwight VanDriver

6,583 posts

267 months

Thursday 8th July 2004
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crankedup.

If your little angel is convicted, presumably he has been charged with Criminal Damage, then the Court can make an Order to pay your son compensation for any personal injury, loss or damage resulting from that offence. If it doesn't award then they should state why in Court.(Section 130 Powers of Criminal Courts (Sentencing)Act 2000)

Couple of points. Make sure that the statement from your son as Injured Person contains lines that he has suffered loss and compensation is applied for. Used to be standard practice to include this when I was active.

Secondly, don't be dishearted, if that is possible, if no Order is made as by the sounds of it he is a youth of straw so you cannot get what he doesn't have. Some Mags take this into account and award a stiffer sentence.

DVD

Streetcop

5,907 posts

261 months

Thursday 8th July 2004
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Good job the police put together a good case for the CPS to take on board.

The CPS will look for any chink in the armour of a case as an excuse to either drop the case totally or lower it to a lesser charge.

Then there's the wonderful magistrates who are reluctant to remand anybody in custody and have the cheek to look surprised that the scum they released last month fails to turn up at the next hearing...

The criminal justice system is built on bricks by the police and then sand by the CPS, Courts and Prisons...(mmm..lets release the guy early so that he can commit more offences. Afterall he's not stolen or damaged any cars whilst he's been in prison, so he must be reformed.)

crankedup

Original Poster:

25,764 posts

266 months

Thursday 8th July 2004
quotequote all
Thanks for the encouragement Dwight vandriver. Although my Son has now sold the car in question he still had to pay excess of £500 + excess on new windscreen of about £50 I think. When we last phoned for an update (polioe admin') he simply told us what we already know, so we moaned. He said I will have to go downstairs to look at the file! He phoned back and said Police had done a couple of 'raids' at this persons alleged whereabouts but did'nt nab him. Sounds a bit dubious to me to be honest. This is what really annoys when you get done for petty speeding.

Nano2nd

3,426 posts

279 months

Thursday 8th July 2004
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Streetcop said:
Good job the police put together a good case for the CPS to take on board.

The CPS will look for any chink in the armour of a case as an excuse to either drop the case totally or lower it to a lesser charge.

Then there's the wonderful magistrates who are reluctant to remand anybody in custody and have the cheek to look surprised that the scum they released last month fails to turn up at the next hearing...

The criminal justice system is built on bricks by the police and then sand by the CPS, Courts and Prisons...(mmm..lets release the guy early so that he can commit more offences. Afterall he's not stolen or damaged any cars whilst he's been in prison, so he must be reformed.)


amen!

and to think if your son sees him again and beats the crap outta him, your son will be the one in trouble

Cooperman

4,428 posts

273 months

Thursday 8th July 2004
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Tell your son to get a few 'heavy' friends, get the scroate up a dark alley and 'interview' him as to his willingness to make a payment as compensation (only joking, of course!).