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 Post subject: Small Claims Track?
PostPosted: Wed Feb 11, 2009 12:13 pm 
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Location: Lincoln area
Bit of background:-

New Years Eve approx 9:30pm driving with two passengers in rear (406 saloon and I'm an owner driver PH).

Young lad runs up road directly towards car (i.e. my side of the road, middle of lane), I brake to a halt when I realise he isn't going to stop.

He jumps onto bonnet, stamps on windscreen until it breaks, onto roof then boot then carries on running up road where a following car about 200 meters away knocks him down. His mates turn up and get a tad shouty :) . I drive off a few hundred meters with my passengers to a) keep them safe and b) prevent any escalation.

Radio desk op, she 999's the police who arrive in about 3 mins. Cops take details, boss turns up to collect my passengers who have volunteered to be witnesses, I go to cop shop and make statement. Lad arrested.

I'm off road until windscreen replaced, some damage to bonnet. New windscreen in on 2nd Jan. So I've lost another night's fares.

Now - Police phone me Monday pm this week and tell me that lad is a juvenile and since first offence has accepted a formal reprimand so no further action will be taken :sad:

Don't have cash to get bodywork repairs done (£500 excess on that insurance), have lost fares for rest of New Years Eve and New Years night.

Victim support don't want to know since a motor vehicle was involved, Motor Insurers Bureau don't want to know since not an RTA. Research on web indicates only course for me may be Small Claims Track...

So - what now? I'd much appreciate anyones objective opinions.

For anyone who knows Lincoln this was on the Newark Road end of Doddo Road where all the nice big old houses are.


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 Post subject:
PostPosted: Wed Feb 11, 2009 12:30 pm 
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so how old is this juvenile?

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 Post subject:
PostPosted: Wed Feb 11, 2009 1:10 pm 
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Unless you know for sure that this juvenile can afford to pay you the small claims court may be a waste of time. You may well win your case and the court may well issue a ccj but if the juvenile can't pay he will probably be given the option of paying something like 1p per week. You could try asking his parents to cough up but unless they are decent folk you could be wasting your time.

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 Post subject: Re: Small Claims Track?
PostPosted: Wed Feb 11, 2009 4:46 pm 
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phBloke wrote:
So - what now? I'd much appreciate anyones objective opinions.

Easy for me to say, but it might be worth forgetting about it. :sad:

Other things to consider is waiting till the lad gets a job or wins the lottery, and if that's within six years your claim will still be valid.

I would also write to your MP asking him to write to the Chief Constable asking why a criminal damage offence of several hundred pounds is being dealt with by way of a caution. :sad: :sad:

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 Post subject:
PostPosted: Wed Feb 11, 2009 4:49 pm 
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It realy is a joke that the police can issue a caution and that is the end of the matter. I think that these cautions should be conditional on the damage being put right.

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 Post subject:
PostPosted: Wed Feb 11, 2009 5:21 pm 
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a few years ago i came out of sutton coldfield (in my lada :cry: ) and 2 cars stormed past me towards bassets pole island, the second took my drivers side door mirror off, they were racing each other...

i noted the cars reg number and rang the cops

about two weeks later my phone rang at home, it was the errant driver!!!!

the cops gave him my number to "sort it out"

what happened to "leaving the scene of an accident"

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 Post subject:
PostPosted: Wed Feb 11, 2009 6:08 pm 
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jimbo wrote:
so how old is this juvenile?


15 / 16

grandad wrote:
You could try asking his parents to cough up but unless they are decent folk you could be wasting your time.


That's my gut feeling at the moment. It was suggested to me that some home insurance policies (i.e. theirs) might cover such a situation but...

I've done some research on the web and :-

Quote:
A reprimand is a way in which the police can record that a crime has been committed without taking xyz to court.

This is usually the way first offences committed by those under 18 are dealt with. The next offence would normally attract a final warning (which would usually involve work being undertaken with the youth offending team).

Like a fixed penalty or adult caution, these are ways for the police to record that a crime has been committed without taking xyz to court.
If xyz accepts the reprimand he would acquire a criminal record.

Whether this would have to be disclosed in future would depend on complex rules.


Given that, I'm inclined to see if one of these no win no fee solicitors (avec an insurance policy in case I lose) might be worth pursuing.

sussex wrote:
Easy for me to say, but it might be worth forgetting about it.


I'm very tempted. My missus is just recovering from a radical mastectomy (yeah the dreaded big C) and January was renewal month for insurance, license, vehicle test, mot and I'm doing the NVQ so I'm less than keen to take on more aggro... On the other hand I'm furious that this expurgated little @:#~ can get off so lightly when I'm going through hell.

Bless my colleagues at work, they've been brilliant; our office manager is great and the boss ain't too shabby either :) Plus stuff I've picked up here on TDO both whilst lurking and in this thread has been of help, it's appreciated.


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 Post subject:
PostPosted: Wed Feb 11, 2009 6:44 pm 
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Windows... and a big brick :roll:

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 Post subject:
PostPosted: Wed Feb 11, 2009 8:16 pm 
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http://www.1stchoice.co.uk/

post what your looking for here if its just the bonnet it should only cost about £50 and ask for the right colour as well


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 Post subject:
PostPosted: Wed Feb 11, 2009 10:01 pm 
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Quote:
Don't have cash to get bodywork repairs done (£500 excess on that insurance), have lost fares for rest of New Years Eve and New Years night.


I think Id have that £500 excess down a bit...but If you make any kind of a claim it comes back to haunt you anyway...always shows on insurance forms etc. as for small claims courts forget them, should you lose you end up paying your costs and everybody elses costs as well.

Sadly its best to take it on the chin and try and avoid like incidents in the future..but as we ply our trade in the witching hours after midnight its our lot to have to endure these scumbag lowlifes that dont give a stuff about others..


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 Post subject:
PostPosted: Wed Feb 11, 2009 10:23 pm 
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I think MrT's point has an air of menace and persuasion about it :wink:

CC

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 Post subject:
PostPosted: Wed Feb 11, 2009 11:24 pm 
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captain cab wrote:
I think MrT's point has an air of menace and persuasion about it :wink:

CC


Scouse persuasion I think :wink:

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 Post subject:
PostPosted: Wed Feb 11, 2009 11:56 pm 
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captain cab wrote:
I think MrT's point has an air of menace and persuasion about it :wink:

CC


Maybe..but im warming to the Idea.. :?


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 Post subject:
PostPosted: Wed Feb 11, 2009 11:58 pm 
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bloodnock wrote:

Maybe..but im warming to the Idea.. :?


From reports.....it seems a lot f*cking simpler

eusasmiles.zip

CC

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 Post subject:
PostPosted: Thu Feb 12, 2009 12:56 am 
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Blimey £500 excess, on a pug 406 :shock: :shock:
have you tried www.thetaxicentre.co.uk you should be able to get a whole year fully comp for that


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