Cost of repairing criminal damage

wealdroam

RS2000. wrote: »

What has the organiser damaged?

In the original post we are told:

mollieminall wrote: »

I am claiming a very tiny amount, £120 , from the organiser of a race held by the local running club for criminal damage done to my property. I know this may sound very petty but my small farm was daubed with bright orange paint on fences, stiles and buildings to mark the way over the footpaths.

shaun_from_Africa

RS2000. wrote: »

I made the comment in relation to the tradesman who painted the fences thus marking out a route. In one paragraph you disagree and in the next you agree?

Are you suggesting that they should have sought permission from every landowner before carring out contracted work from the running club organising the event?

What my post was saying was that the person who actually did the painting might not be guilty of criminal damage if the event organiser told him or her that they had obtained permission for the painting from the property owner.

But as it is the event organiser who is being chased for damages, the legal status of the paint applier is irrelevant.
Even if the organiser didn't cause the damage themselves, if they supplied the paint that was used knowing that the property owner hadn't given permission then they have also breached the Criminal damage act. (section 3)

arcon5

RS2000. wrote: »

If you've got a crime number then are we correct to assume there's a criminal investigation? If you why are we suggesting a LBA?

To recover ops losses. There's a difference between a civil and criminal for which ops entitled to report a crime whilst pursuing the individual for reimbursement.

arcon5

To put it another way, if I pay somebody to steal your car do you seriously think I will have no charges to answer to?

RS2000.

arcon5 wrote: »

To put it another way, if I pay somebody to steal your car do you seriously think I will have no charges to answer to?

What's that got to do with it?

That's theft and nothing to do with damage.

The organiser and landowner had an agreement with no doubt included the marking out of a course. A third party was then instructed on mark out said course.

The third party has a lawful excuse so isn't guilty of criminal damage. So the organiser has paid him not to comit a criminal offence. Hardly similar to you paying someone to nick a car.

comeandgo

OP do you have a local newspaper? I know this sort of story is one our local rag would love, something local involving a dispute.

George_Michael

As the OP has an e-mail from the race organiser agreeing to pay for any damage done, something that they are now not doing, a simple Moneyclaimonline application should sort the matter out as it's a clear breach of contract.

RS2000.

George_Michael wrote: »

As the OP has an e-mail from the race organiser agreeing to pay for any damage done, something that they are now not doing, a simple Moneyclaimonline application should sort the matter out as it's a clear breach of contract.

Correct breach of contract civil matter and nothing criminal.

In relation to criminal damage.
Contractor - lawful excuse
Organiser - no intent.

pendragon_arther

RS2000. wrote: »

Correct breach of contract civil matter and nothing criminal.

In relation to criminal damage.
Contractor - lawful excuse
Organiser - no intent.

I agree, I don't think it's a criminal act. Perhaps a person's intent defines whether it's criminal or civil.

keithdc

RS2000. wrote: »

Correct breach of contract civil matter and nothing criminal.

In relation to criminal damage.
Contractor - lawful excuse
Organiser - no intent.

Can you clarify basis of supposed contract?