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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70708
Experience:  Over 5 years in practice
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A family member was cautioned, just before Christmas, for criminal

Customer Question

A family member was cautioned, just before Christmas, for criminal damage. They had C.C.T.V. evidence that he'd keyed a car (once) in the next street. Today the owner of the vehicle approached the concerned family member at his home and presented him with a quote for nearly two and a half thousand pounds. He stated that he had many scratches and although there's no proof he caused this extra damage a judge would likely favour the car owner, resulting in him having to pay for the damage plus court costs. He also mentioned he would make sure it was well known throughout the village if he did not pay up.

My family member is very concerned, he does not have this sort of money, can you please advise?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
Has this matter already been progressed to Court?
Customer: replied 4 years ago.

No

Expert:  Jo C. replied 4 years ago.
OK.

If this person were to go to court then he would have a claim I'm afraid. Come what may, a caution has been accepted which is sufficient to prove that some damage was caused.

The only real issue here is what is the extent of the damage. Even a small number of scratches can result in the need for a complete respray and he would have a claim for that sum unless the Judge can be persuaded there is a more proportionate repair available.

That said, a complete respray does not cost £2,500 and I cannot immediately see a basis for that sum of money.

The caution does prove he caused damage but not the extent of the loss.

Even if there is a CCJ against him, he can always ask for time to pay.

Hope this helps.
Jo C. and other Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you. Do you think the court costs would be high in this case?

Expert:  Jo C. replied 4 years ago.
No, its a small claims court sum even on his figures. Under £200
Customer: replied 4 years ago.

Thank you. I'm thinking of approaching the owner myself with quotes of my own. If he were to agree to this I would like to have him sign a contract permitting him from trying to make any further claims. Is there a particular way in which I should word this contract or particular things I should include?

Expert:  Jo C. replied 4 years ago.
Well, it depends. What are you willing to offer?

Delighted to continue with this but please rate my answer.
Customer: replied 4 years ago.

Paying for a respray. I'm very satified with your help and will not forget to rate your answer.

Expert:  Jo C. replied 4 years ago.
If you are going to make payment then you need to make sure he agrees that the sum is accepted on a full and final settlement basis.

Customer: replied 4 years ago.

Thank you. Do you think there is any else I should consider?

Expert:  Jo C. replied 4 years ago.
not really.

You could always offer it on a no admissions basis but there's not much point here because he was cautioned.
Customer: replied 4 years ago.

Thank you for your help.

Expert:  Jo C. replied 4 years ago.
No problem.

All the best.