mckenzie Posted February 18, 2009 Share Posted February 18, 2009 Last July my bike was damaged in a disturbance, it was kicked over and jumped on and alot of damage has been done. My dads car also was damaged with a brick through the window. They guy that done all this was involved in a disturbance in the flat below my dads and he was arrested. My dad wasn't in at the time, but when my dad came back there was police everywhere and asked him did he own any of the vehicles involved. I found out today that they guy arrested for all this was not convicted, how is this possible when he was caught red handed?? I have filled in a c1 form for compensation but I'm not sure if I'l get it or not. The bike was insured 3rd party only so they probably wont pay out! How can I get what I'm owed if the legal system doesnt do its job? I't disgusts me to know that someone can do this and get away with it! Link to comment Share on other sites More sharing options...
Moderator Goff Posted February 18, 2009 Moderator Share Posted February 18, 2009 This is awful!! Im not sure what you can do but i would have thought you wuld be in line for some kind of compensation. A curt can award compensation and i would talk to a lawyer hun Link to comment Share on other sites More sharing options...
JimR Posted February 18, 2009 Share Posted February 18, 2009 Last July my bike was damaged in a disturbance, it was kicked over and jumped on and alot of damage has been done. My dads car also was damaged with a brick through the window. They guy that done all this was involved in a disturbance in the flat below my dads and he was arrested. My dad wasn't in at the time, but when my dad came back there was police everywhere and asked him did he own any of the vehicles involved. I found out today that they guy arrested for all this was not convicted, how is this possible when he was caught red handed?? I have filled in a c1 form for compensation but I'm not sure if I'l get it or not. The bike was insured 3rd party only so they probably wont pay out! How can I get what I'm owed if the legal system doesnt do its job? I't disgusts me to know that someone can do this and get away with it! Hi perhaps the guy below was well sorted and you would have not a true point as to what went on.. your old man may have been out also .. it is very strange that things like this go on ... just the Dingles doing there stuff !!! but dont worry just put the bike back on the road !!! Regards Jim Link to comment Share on other sites More sharing options...
mckenzie Posted February 18, 2009 Author Share Posted February 18, 2009 This is awful!! Im not sure what you can do but i would have thought you wuld be in line for some kind of compensation. A curt can award compensation and i would talk to a lawyer hun Well I've sent away the c1 for the the compensation agency so I'l just play it by ear, I was also thinking of small claims court but apparently there wasnt sufficient evidence to prove he actually done the damage I probably wouldnt have a leg to stand on! My guess is that the owner of the flat below my dad might have been intimidated into not giving witness statements. None the less we know it was him and revenge must be sought! Link to comment Share on other sites More sharing options...
shed hermit Posted February 18, 2009 Share Posted February 18, 2009 a couple of sore knees would be compensation enough for me! that might stop him dancing on other peoples property. the thing is that scum these days dont have anything you can take from them, you cant take thier dole cos its needed for beer and fags, dope and whatever else their into, a good f*&%?@g kicking is in order, just dont get caught as you will get done ten times as much of what he should have got. Link to comment Share on other sites More sharing options...
mckenzie Posted February 18, 2009 Author Share Posted February 18, 2009 a couple of sore knees would be compensation enough for me! that might stop him dancing on other peoples property. the thing is that scum these days dont have anything you can take from them, you cant take thier dole cos its needed for beer and fags, dope and whatever else their into, a good f*&%?@g kicking is in order, just dont get caught as you will get done ten times as much of what he should have got. well as I said, I'l get him in the long grass. As for claiming I think the nio can help me but I'l know more in a couple of weeks i expect. Link to comment Share on other sites More sharing options...
Moderator drewpy Posted February 18, 2009 Moderator Share Posted February 18, 2009 things like this really piss me off, bring back the birch not the trumpets!!!! Link to comment Share on other sites More sharing options...
kevin10529 Posted February 19, 2009 Share Posted February 19, 2009 Same thing got done to mine a while ago, pissed right off. Hope you get summit back. What was the damage? Link to comment Share on other sites More sharing options...
mckenzie Posted February 19, 2009 Author Share Posted February 19, 2009 Same thing got done to mine a while ago, pissed right off. Hope you get summit back. What was the damage? well the tank is dinged in, £550 for a new 1 from Yamaha, it can obviously be filled in and resprayed but if I'm going to be claiming I want the full amount lol. Handle bars, front fenders, side panels, headlamp was cracked, headlamp cowl snapped, seat ripped, mudguards scraped. I priced everything that was damaged from Yamaha and its going to be £1224 believe it or not Link to comment Share on other sites More sharing options...
Moderator Goff Posted February 19, 2009 Moderator Share Posted February 19, 2009 Speak to a solicitor honey - see what they think. I hope you get it sorted cos you dont deserve this shit <<HUGS>> Link to comment Share on other sites More sharing options...
mckenzie Posted February 19, 2009 Author Share Posted February 19, 2009 Speak to a solicitor honey - see what they think. I hope you get it sorted cos you dont deserve this shit <<HUGS>> I'm out of work at the minute so I dont think I can afford a solicitor just yet, although I may be able to get legal aid, but I'm not sure what way it works if I'm going to small claims court. I'l do a bit of reasearch on that 1, in the mean time I've sent the form away to the compensation agency so I'l see what they say. tanks Link to comment Share on other sites More sharing options...
Moderator Goff Posted February 19, 2009 Moderator Share Posted February 19, 2009 I'm out of work at the minute so I dont think I can afford a solicitor just yet, although I may be able to get legal aid, but I'm not sure what way it works if I'm going to small claims court. I'l do a bit of reasearch on that 1, in the mean time I've sent the form away to the compensation agency so I'l see what they say. tanks You can get a free consultation with most solicitors hun. They will tell you in that time if you have a case and what you can do - phone a couple its worth a shot Link to comment Share on other sites More sharing options...
mckenzie Posted February 19, 2009 Author Share Posted February 19, 2009 You can get a free consultation with most solicitors hun. They will tell you in that time if you have a case and what you can do - phone a couple its worth a shot I'l do that, although I'm also thinking of writing to the obudsman to complain about the police that were supposed to investigate the case, there was a WKD bottle used to smashe the window of my dads car and the police failed to recover this as evidence, surely they should have lifted the bottle and sent it away for finger printing, which would have resulted in an open and shut case, although they decided that a witness would have been sufficient evedince to convict the guy. They didnt count on him intimidating the witness did they?? useless wan##rs, they really anger me! if this had happened in a well to do area they would have probably taken alot more intrest in this case! but at the end of the day its us hard working folk who come out the worst!! Link to comment Share on other sites More sharing options...
The Hedgehog Posted February 24, 2009 Share Posted February 24, 2009 Complaints to the police should go to the station involved in the first instance (useful if you have names of the officers btw). Then the Police Complants Authority, I believe. The Ombudsman is for complaints against Local Government or Financial institutions - depending on whish Ombusdman we are talking about. I would certainly make a complaint. Even if it doesn't help you, things won't get better unless we kick up a fuss, so its worth doing on behalf of all of us. Have you tried approaching some of these 'no win no fee' lawyers? Unlikely they'd be interested but worth a try. Did your policy have a Legal Expenses clause? If so then this would pay for legal advice. Failing all this there's always the Citizen's Advice Bureaux... Wouldn;t be so bad if you'd thrown it down the road yourself...but no one deserves this. Hope you get it fixed soon. Link to comment Share on other sites More sharing options...
Gas up - Let's Go! Posted February 24, 2009 Share Posted February 24, 2009 apparently there wasnt sufficient evidence to prove he actually done the damage OK, a criminal case is a little more robust than a civil case, where you just have to prove the likelyhood of him doing the damage, as opposed to beyond doubt. I'm out of work at the minute so I dont think I can afford a solicitor just yet, although I may be able to get legal aid, but I'm not sure what way it works if I'm going to small claims court. I'l do a bit of reasearch on that 1, in the mean time I've sent the form away to the compensation agency so I'l see what they say. tanks Civil cases like this aren't subject to legal aid I don't think, but there are solicitors out there who will do no-win-no-fee. Small claims is the best bet, anything under £5k has to go through small claims anyway. The upside is that it will cost you what it costs to raise the paeprwork, and you'll not get hit with any suprise costs if it doesn't go your way (in small claims each party is responsible for thier own costs), but also you cannot claim back your costs either. To make it work on county court you'd probably have to consider a class action between all those that suffered, maybe you could get the claim above £5K and then you get to recover the costs, but the wrong judgment would see you pick up the guys costs too. On the other hand, has this guy got the assets to compensate you? if not then you really are flogging a dead horse (and maybe consider him as that horse?) as you'll not get a solicitor to go for no-win-no-fee if there's no chance of them getting the costs out of him, even if you win a small claims, he might offer to repay at £5 a week or something, and there's not alot you can do about it. Sometimes "Shit Happens", the law is unfair and there are people who just get away with it. As for not being able to prove it was him, I'll bet a months salary that there was some evidence, shoe print, prints on broken glass, DNA you name it - if they really wanted to nail the guy they would be able to gather enough evidence (not having a go at the Police here, but the system overall). As Goff has said on more than one accasion, go see a solicitor and check out what your options are. If you can't get into one for free the local CAB have access to one and can advise further. On balance I think you really need to prepair yourself for the worst, you'll be hit with the bill and hell walk away scott free. If not, it's a bonus. On another note, the nights are still dark, and it can still be slippy out there so take care no-one falls over, and get accidentaly trampled on, or breaks anything............ Link to comment Share on other sites More sharing options...
Batifan19 Posted February 24, 2009 Share Posted February 24, 2009 Hiya...this whole things sucks. Anyway...what about the local paper?? nowt like kicking up a shitstorm through the local paper and they usually LOVE it, especially if it means exposing failings by the authorities ....obviously use it to your advantage as the totally frustrated innocent member of the public... Link to comment Share on other sites More sharing options...
barkwindjammer Posted February 24, 2009 Share Posted February 24, 2009 My question is for contestant number 1, did the guy use a steam-roller ? Link to comment Share on other sites More sharing options...
mckenzie Posted February 24, 2009 Author Share Posted February 24, 2009 OK, a criminal case is a little more robust than a civil case, where you just have to prove the likelyhood of him doing the damage, as opposed to beyond doubt. Civil cases like this aren't subject to legal aid I don't think, but there are solicitors out there who will do no-win-no-fee. Small claims is the best bet, anything under £5k has to go through small claims anyway. The upside is that it will cost you what it costs to raise the paeprwork, and you'll not get hit with any suprise costs if it doesn't go your way (in small claims each party is responsible for thier own costs), but also you cannot claim back your costs either. To make it work on county court you'd probably have to consider a class action between all those that suffered, maybe you could get the claim above £5K and then you get to recover the costs, but the wrong judgment would see you pick up the guys costs too. On the other hand, has this guy got the assets to compensate you? if not then you really are flogging a dead horse (and maybe consider him as that horse?) as you'll not get a solicitor to go for no-win-no-fee if there's no chance of them getting the costs out of him, even if you win a small claims, he might offer to repay at £5 a week or something, and there's not alot you can do about it. Sometimes "Shit Happens", the law is unfair and there are people who just get away with it. As for not being able to prove it was him, I'll bet a months salary that there was some evidence, shoe print, prints on broken glass, DNA you name it - if they really wanted to nail the guy they would be able to gather enough evidence (not having a go at the Police here, but the system overall). As Goff has said on more than one accasion, go see a solicitor and check out what your options are. If you can't get into one for free the local CAB have access to one and can advise further. On balance I think you really need to prepair yourself for the worst, you'll be hit with the bill and hell walk away scott free. If not, it's a bonus. On another note, the nights are still dark, and it can still be slippy out there so take care no-one falls over, and get accidentaly trampled on, or breaks anything............ well there was a wkd bottle put through the window of my dads car which they failed to lift as evidence would would have been crutial to his conviction, as you said if they really wanted to nail him they would have!!my dad pointed the glass bottle out to the arresting officers and the said 'dont worry about that, we've got him!' they obviously didnt count on this guy intimidating the witnesses! but i do think its a good reflection on the way the psni operate! shit does happen and its a bloody discrace that arseholes can get away with shit like this, im sure if he had have been convicted he would have got away with a caution and a £50 fine! useless! Link to comment Share on other sites More sharing options...
mckenzie Posted February 24, 2009 Author Share Posted February 24, 2009 My question is for contestant number 1, did the guy use a steam-roller ? well looking at the pricelist for new parts you would assume so, but as far as i know it was kicked over and vandalised!! Link to comment Share on other sites More sharing options...
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