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| I've told him time after time that he should sort it out as it was his fault, he knows, but is very slow to sort it out. if i waa the car owner, i'd have it sorted myself and forward the bill, he is in the wrong here. However, he wasn't playing football as such, his brother had been to football and whilst carrying his belongings into his house he has dropped the ball, he's kciked it back to him but hit the bumper instead. To my mind it isn't criminal damage and no more reckless than any other accident Is he in his right to tell the police that it is nothing to do with them and any legal action should be through a civil court?
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| The story has changed now. Just tell him to pay it and don't get involved. Sounds like this like wants a good kick up the arris.
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| Quote Teessidewire="Teessidewire"The story has changed now. Just tell him to pay it and don't get involved. Sounds like this like wants a good kick up the arris.'"
what has it changed? i'm not defending my employee, i just want to know if the police (to whom i have every sympathy with) are acting outside their remit. i'm not after right or wrong, he is undoghtedly in the wrong i just want to konw how he stands with the legal side.
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| Because your second version of the story was different from the first, which makes me think that the lad is spinning you a bit of a tale. If it's criminal the Police will get involved, if it isn't, they won't (30 years legal experience).
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| "Is he in his right to tell the police that it is nothing to do with them and any legal action should be through a civil court?"
No.
As soon as the victim reported it to the police, it became their business.
"whilst carrying his belongings into his house he has dropped the ball, he's kciked it back to him but hit the bumper instead."
This is a reckless act. What also has to be considered is how hard has he kicked this ball to damage a car's bumper? A court would look at this as more than just an accident.
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| Quote gary numan="gary numan"Doe anybody know, can a member of the public provide legal representation for somebody else when dealing with the police?'"
Yeh they can, i was watching an episode of Minder once and Aurthur represented Terry in court.
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| Steptoe once dressed up as his dead wife to fool the Tax office, not sure if this helps, but it was funny.
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| Quote Teessidewire="Teessidewire"Because your second version of the story was different from the first, which makes me think that the lad is spinning you a bit of a tale. If it's criminal the Police will get involved, if it isn't, they won't (30 years legal experience).'" There was no first and second version. I've put more meat on the bones to help clarify his legal position. please point out where you think i've given contradicting info.
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| Quote Runcornwire="Runcornwire""Is he in his right to tell the police that it is nothing to do with them and any legal action should be through a civil court?"
No.
As soon as the victim reported it to the police, it became their business.
"whilst carrying his belongings into his house he has dropped the ball, he's kciked it back to him but hit the bumper instead."
This is a reckless act. What also has to be considered is how hard has he kicked this ball to damage a car's bumper? A court would look at this as more than just an accident.'"
thanks for that, it's my understanding that the bumper was already in a poor state, small cracks etc.. but where the ball has hit it some of the bumper has broke off. As a side note couldn't most accidents be blamed as reckless even at a low level?
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| Quote gary numan="gary numan"thanks for that, it's my understanding that the bumper was already in a poor state, small cracks etc.. but where the ball has hit it some of the bumper has broke off. As a side note couldn't most accidents be blamed as reckless even at a low level?'"
I give up!
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| Quote Teessidewire="Teessidewire"I give up!'"
Good, you seem to be having difficulty following this thread.
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| The reason I'm having difficulty following it is that you keep releasing further little bits of the story. The best thing that you can do is to tell him to pay the bill, or alternatively tell him to visit the Police Station and ask to speak to the Duty Sergeant re the matter. That should resolve it once and for all. If you want to know about the 'reckless' element re Criminal Damage, simply Google 'Criminal Damage. You will get a full definition of the offence, an explanation regarding recklessness, and the defences to the alleged offence.
Can we now get back to discussing Rugby League?
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