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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78654
Experience:  Over 5 years in practice
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I have a person who has scratched my car all around and

Customer Question

I have a person who has scratched my car all around and while there is police evidence and an independent witness statement the matter has dragged on since the incident date of the 7th August 2019. I obtained 3 similar quotations for the damage at just over £2000 but the person is not willing to pay for the damage.
JA: Where are you? It matters because laws vary by location.
Customer: Clive Rumble, Woodlands, Church Road, Mortimer West End, Hampshire, RG7 2HZ.
JA: What steps have you taken so far?
Customer: The incident occurred in the Oracle Car Park in Reading Berkshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The police have told me that the person who did the criminal damage is not willing to pay for the damage. This matter has been going on from August last year.
Submitted: 8 days ago.
Category: Law
Expert:  Jo C. replied 8 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 8 days ago.

ARe you asking if you can sue?

Customer: replied 8 days ago.
If the police take the matter to curt I wish to be represented so the criminal does not get off free
Expert:  Jo C. replied 8 days ago.

Thanks for the information

I am sorry but I cannot give you good news. I'm afraid you are in difficulty here.

If the police are dealing withthis then there is no action you need take really other than that directed bythem.

You cannot appoint a solicitoras you will be dealt with by CPS.

The good news though is that thereare things that you can do to encourage the police. For instance, if they havejust decided to take no further action then you can complain about that to amore senior officer.

If a decision has been made to justsimply not charge then you have the victims rights of review option opens here.

https://www.met.police.uk/advice/advice-and-information/acr/vrr/victims-right-review-scheme/

You do also have the option to takeout a private prosecution but obviously there are costs in doing that and so itshould be a last resort.

Although, if they are prosecutingthen that is the end of the matter. There is nothing else you can do.

I do understand your frustration buthe is not going to get a huge sentence for what is, ultimately, a criminal damage.

You would be better off suing as youwill never get the money through compensation in practice.

There are no other steps forcomplainants to take really.

I'm sorry this isn't theanswer you wanted but it is the position that you face and I have a duty toinform you truthfully.

Hope this helps. Pleaselet me know if you need more information.

Do remember that I can only give you myopinion.

Another lawyer may have a different opinion.Litigation needs at least 2 parties and neither goes to court expecting tolose.

Nonetheless, one of them does, even thoughthey have been told by their respective legal advisers that they have a goodchance of success.

If there was a black-and-white answer toevery legal problem there would be no need for anything to ever proceed tocourt.

The ultimate decisioncomes from a county court judge in a civil case or from the magistrate in acriminal case heard in the magistrates court or the jury in Crown Court.

Can I clarify anything for you?

Hopefully, Ihave answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. In themeantime, thank you once again for using our services.

Jo

Customer: replied 8 days ago.
Thank you for your information. I may wish to sue at a later date. If so can I get in touch with you again
Expert:  Jo C. replied 8 days ago.

yes

No problem.

All the best.

Hopefully, I have answered your query in a waythat is simple and easy to understand. If anything remains unclear, I will bemore than happy to clarify it for you. In the meantime, thank you once againfor using our services.

Remember that I am always available tohelp with your questions. Even if I am in Court I will usuallypick up a question within 12 hours. For future information, please start yourquestion with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Expert:  Jo C. replied 7 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!”