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neighbor keyed my car and I have CCTV proof

joshuadeacon94
Posts: 26 Forumite


in Motoring
Hi
So Monday 17th Nov I went to my new car to noticed it had been keyed all along the drivers side and bonnet. I made an initial police report via 101.
I went to work for my nightshift that night and then went home to review home CCTV footage on the morning of Tues 19th. I found footage of a neighbor crouching round by the car, and then scratching something along the sides where the keying exists, he then looks back at the damage and puts the offending object (key) into his other hand. I don't have any issues with this neighbor and we are on talking terms (although I have not made any contact with them since finding out it was them).
I then rang back 101 on the 19th and told them I had this footage and was asked to bring it into the station.
I have a crime ref no and I have provided them with statements/footage etc. However I am concerned that they only want to 'caution' the offender as he has no history of criminal acts. As it stands I am awaiting an officer to come and view the damage done to my car.
I spoke to my insurance and they said I have to pay the initial excess, which is fine...
I suppose the question is what is the best way I ensure I hold him accountable for costs and liability, I don't want to have to declare this as an 'at fault claim' for the next 5 years on my insurance (My insurance have said that as it stands it is currently a disputed liability).
I have motor legal expenses, and my insurance said there may be a possibility of claiming against his personal motor insurance...
Any info/experience or knowledge would be great and recommendations please
Thanks!
So Monday 17th Nov I went to my new car to noticed it had been keyed all along the drivers side and bonnet. I made an initial police report via 101.
I went to work for my nightshift that night and then went home to review home CCTV footage on the morning of Tues 19th. I found footage of a neighbor crouching round by the car, and then scratching something along the sides where the keying exists, he then looks back at the damage and puts the offending object (key) into his other hand. I don't have any issues with this neighbor and we are on talking terms (although I have not made any contact with them since finding out it was them).
I then rang back 101 on the 19th and told them I had this footage and was asked to bring it into the station.
I have a crime ref no and I have provided them with statements/footage etc. However I am concerned that they only want to 'caution' the offender as he has no history of criminal acts. As it stands I am awaiting an officer to come and view the damage done to my car.
I spoke to my insurance and they said I have to pay the initial excess, which is fine...
I suppose the question is what is the best way I ensure I hold him accountable for costs and liability, I don't want to have to declare this as an 'at fault claim' for the next 5 years on my insurance (My insurance have said that as it stands it is currently a disputed liability).
I have motor legal expenses, and my insurance said there may be a possibility of claiming against his personal motor insurance...
Any info/experience or knowledge would be great and recommendations please
Thanks!
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Comments
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Your insurance really told you that you may be able to claim of his motor insurance policy???0
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You probably want the police to do their thing first (and assuming he has means) if he is found guilty then your case for damages should be a slam dunk.
This is not going to be sorted in the near future.0 -
I'd talk to the police, a conditional caution would be perfect.
Pay for the repair yourself, then if the police agree to the above, the caution will have terms attached with regards to reimbursement - if these are breached they can then prosecute still.
Even if they don't agree - you can still sue him using small claims court (moneyclaim.gov).
How much are we talking?
I'd also be knocking on the neighbours door with stills printed out asking for an explanation.0 -
To receive a caution from the police, you have to admit the offence, so if a caution is given to your rather jealous and toxic neighbour, that will suffice as far as hammering him for liability of the matter, not to mention the pretty good CCTV you have.
What you need to look at here though is does the guy have any money?
If you claim through your insurance, you have to pay your excess, but also your insurer then has to pay towards the repair costs. To have this matter absolutely cleared off with your insurer so they allow NCD etc, your insurer also has to get all of their outlay back too.
So if the repairs were £1k, has this low life the money to pay it and will he pay it without bailiffs being on his door etc.
Can you put up with this grief going on?
Would you rather he was not dragged into the woods and beaten?
Finally, is there any chance a smart repair from one of these chips away/ smart repair guys could be cheaper than having the whole side of the car blown in?0 -
Personally I'd drag him off to a secluded spot in the dead of night and teach him a lesson he'd never forget
But seriously, Arcon5 has the best idea - present him with the evidence and see what he has to say for himself. You've done the right thing by reporting it to the police, don't do anything rash that could backfire on you.0 -
joshuadeacon94 wrote: »I don't have any issues with this neighbor
As I learnt recently, you can have neighbour issues and not even realise it. Some people are just sociopaths, they may seem ok, often friendly and "nice", but underneath they don't give a damn about anyone else.... Kinda like car salesmen.
There was a news story years ago where one street had all the cars keyed several times, they eventually caught the culprit on CCTV, expecting it to be kids they had a shock when they saw it was the quiet OAP and the end of the road. He'd taken offence to all the on street parking down his road (people had no other choice).“I may not agree with you, but I will defend to the death your right to make an a** of yourself.”
<><><><><><><><><<><><><><><><><><><><><><> Don't forget to like and subscribe \/ \/ \/0 -
Where is your cctv? In your car?
The biggest cause of neighbour disputes is parking. Some people believe they own the piece of road outside their house for example.
Are you returning from work at unsociable hours and disturbing them?
Are you noisy , music etc inside your property?
This doesn't excuse their behaviour and also, you don't know if the neighbour has previous convictions , though I'm guessing you are right.
I'm finding it puzzling though that you seem to have the evidence and the law totally on your side and you still aren't happy with this?
I would discuss the compensation issue with the police officer.
And don't sign anything on a statement that says " I agree to abide by any decision taken by the police in this matter" . I think there used to be a seperate form you could fill in to apply for compensation via the court , but I'm not sure.0 -
Where is your cctv? In your car?
The biggest cause of neighbour disputes is parking. Some people believe they own the piece of road outside their house for example.
Are you returning from work at unsociable hours and disturbing them?
Are you noisy , music etc inside your property?
This doesn't excuse their behaviour and also, you don't know if the neighbour has previous convictions , though I'm guessing you are right.
I'm finding it puzzling though that you seem to have the evidence and the law totally on your side and you still aren't happy with this?
I would discuss the compensation issue with the police officer.
And don't sign anything on a statement that says " I agree to abide by any decision taken by the police in this matter" . I think there used to be a seperate form you could fill in to apply for compensation via the court , but I'm not sure.
It needs to get to court before they can award compensation and 50 pence a week would probably not satisfy the OP. Once the first payment is made it is no longer the criminal courts responsibility to enforce action. He may be better with restorative justice/conditional caution.
As to why it was done you are correct, it does not matter.0 -
Master_Blaster wrote: »It needs to get to court before they can award compensation and 50 pence a week would probably not satisfy the OP. Once the first payment is made it is no longer the criminal courts responsibility to enforce action. He may be better with restorative justice/conditional caution.
As to why it was done you are correct, it does not matter.
This is the post I posted on the other thread.
I was in the process of editing it then couldn't find it- the op has got two threads.
In the statement, do you remember seeing anything like " I agree to abide by any decision taken by the police in this matter"?
Here is a link to victim support about compensation
You could maybe speak to them for advice.
https://www.victimsupport.org.uk/hel...n/compensation
Where was your cctv? In your car? Why did you feel the need for it?
You could be right, if he admits it , it might not go to court .it depends on what's has motivated him, eg hate crime or nutty neighbour as to how it will be viewed.
Speak to him after and suggest he pays you or you may have to take a private prosecution?
I gather your main concern is your insurance premiums.ask the insurers that once he admits it , and is cautioned,does it make a difference?
Could it be you have upset them by parking outside their house in " their" parking space or disturbing them returning from work at unsocial hours? Music or to tv too loud when you return from work.. Just a thought..
As to why it was done, it matters when its your next door neighbour as you have to continue to live there and not get any more out of hand.
When the police have interviewed him you will have a better idea of where to go with this.
Is your neighbour a tenant?0 -
If you claim from your insurance, then unless the insurer choose to go after your neighbour and win, you will have to pay the excess, your NCB will be hit. Whether they do or not, you will have to declare it for five years, with the knock-on on your premium.
If you don't claim from your insurance, then you can either swallow the cost (which may well be cheaper than claiming), or you can pursue him for the cost directly. Whether he's prosecuted and found guilty, or whether the police caution him is irrelevant. By accepting a caution, he's admitting liability. The only time it'll make a difference is if he's charged and found/pleads guilty, then he may be ordered by the court to pay the cost of the damage. Either way, you can put a claim in for the damage. If he chooses to contest the claim, then you have evidence of his liability.
Whether he can/will pay is another question, as is whether he will go on to cause further damage but more subtly now he knows there's CCTV...0
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