Tree surgeon scratched my car

[Deleted member 126251]

My comment was meant tongue in cheek. I’m not suggesting or advising theft.

I’m sure from the OP’s responses he recognises this.




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I gathered that ! Mine was also TIC.

 

[Scott_F]

I did question the planning with the Borough and brought up bad planning for the entire project with photographic evidence so I am going to make sure they don't get another contract here that easily

If they were doing work on behalf of the local authority then you could pursue the matter with them although you may well find yourself meeting the same don't-want-to-know attitude.

And in the race to the bottom that is endemic in the contracting out of services I wouldn't bet against them being awarded further work by the Council as long as they undercut everyone else's price.

 

[m80]

People here are getting confused between criminal law 'innocent until 'proven' guilty', in theory anyway and civil law where reasonable liklihood comes into play. But the civil courts also operate in a socialist style in that they don't like taking money from the less well off to give to the already well shod.

If you have evidence that shows the over whelming liklihood of the cause I would say go through the County Court, online is easy enough to use.
Don't be emotional, lose any of your anger, this is down to money.

Be aware though that, in my view at least, the CC is the Court of Toyland and any outcome may not relate to common sense.
It may be that the Court will take the view that you are insured and claiming for repairs is what it's there for.
It may be that the Court will view that the defendant should be insured for 3rd party risks, but that's not a legal requirement.

Letter stating your case, w/o emotion, just facts. State 10 days to repsond.
2 weeks later, letter before claim, stating actual date you will proceed to claim.
Claim.

 

[st13phil]

It may be that the Court will view that the defendant should be insured for 3rd party risks, but that's not a legal requirement.

I thought Public Liability Insurance was compulsory for a business

 

[Deleted member 6183]

It may be that the Court will take the view that you are insured and claiming for repairs is what it's there for.
It may be that the Court will view that the defendant should be insured for 3rd party risks, but that's not a legal requirement.

It really shouldn't matter who is insured, the District Judge is charged with deciding who is liable not how they pay for the damage caused.

 

[m80]

I thought Public Liability Insurance was compulsory for a business

Not unless the law has changed,
be near impossible to police anyway.

 

[m80]

It really shouldn't matter who is insured, the District Judge is charged with deciding who is liable not how they pay for the damage caused.

I agree in theory, but in practice I've seen different.
A simple view, if some one doesn't have it to take nothing can be achieved by making an award against them. If there was a never ending build up of debts waiting to be taken all that would do is destroy their incentive to work toward a fruitful future.
Then if the judge awards payments at £20pm for a few £,000 the claimant isn't realistically going to be compensated for the loss. That one happened to me after a judge halved the debt at a stroke. I didn't see a penny anyway.

Another after I had demonstrated a defence was based on inaccurate info and couldn't stand up, the judge dismissed the claim as she stated if the debt was real it wouldn't have been allowed to become so high.

Of course they are very simple summarise, but taught me that the CC judge will do what possible to prevent further damage to the lesser well off. By the time it gets in front of a judge the claimant has managed well enough w/o the monies anyway, so awarding them the dosh is for them a bonus and for the defendant likely a serious penalty.
I've suited and booted myself to show respect to the Court, sat opposite the defendant in greyed white vest and trackies. A hot June afternoon and no AC I was told off for removing my jacket, and that before any evidence was put forward.

Truth is a claimant has lost already if he must go to court, there are time, stresses, preparations and more that can't be compensted for. Use a solicitor and he will cost more than the court can award for expences.

The threat is the weapon.

 

[E55BOF]

The OP needs the services of Futuristic Enterprises...

I will explain. My brother-in-law is a retired architect, and when he was in practice, collecting fees due was often a problem. Because of the cost and hassle of legal action, they often wrote off minor debts as uneconomic to pursue.

One morning, in the letterbox was a flyer from a company called Futuristic Enterprises, offering a debt recovery service for a flat fee of a percentage of the amount recovered. No recovery, no fee. It sounded like a good deal, so he rang them, and a rep came round to the office to discuss the contract.

More accurately, two large Irish lads in battered leather jackets came round. They confirmed that the flyer was entirely accurate. My b-i-l thought it still sounded too good to be true, and asked which firm of solicitors they used for the legal preliminaries to the actual debt collection.

"Well, sor, we don't actually need lawyers. We just go and have a word with them, if you get my meaning, and they usually see their way to paying up."

 

[Deleted member 6183]

I agree in theory, but in practice I've seen different.
A simple view, if some one doesn't have it to take nothing can be achieved by making an award against them. If there was a never ending build up of debts waiting to be taken all that would do is destroy their incentive to work toward a fruitful future.
Then if the judge awards payments at £20pm for a few £,000 the claimant isn't realistically going to be compensated for the loss. That one happened to me after a judge halved the debt at a stroke. I didn't see a penny anyway.

Another after I had demonstrated a defence was based on inaccurate info and couldn't stand up, the judge dismissed the claim as she stated if the debt was real it wouldn't have been allowed to become so high.

Of course they are very simple summarise, but taught me that the CC judge will do what possible to prevent further damage to the lesser well off. By the time it gets in front of a judge the claimant has managed well enough w/o the monies anyway, so awarding them the dosh is for them a bonus and for the defendant likely a serious penalty.
I've suited and booted myself to show respect to the Court, sat opposite the defendant in greyed white vest and trackies. A hot June afternoon and no AC I was told off for removing my jacket, and that before any evidence was put forward.

Truth is a claimant has lost already if he must go to court, there are time, stresses, preparations and more that can't be compensted for. Use a solicitor and he will cost more than the court can award for expences.

The threat is the weapon.

In simple terms the role of the county court (in terms of unpaid debt) is to decide whether a judgement should be awarded and to whom.

One you have a CCJ in your favour it is up to you how to enforce it, you could chose to use county court bailiffs, high court bailiffs, a charging order over property or an attachment of earnings. This list is not exhaustive.

 

[NDFR]

I do not want to urinate on your parade, but what you have is defined as circumstantial evidence. Without an admission of guilt from the company, independent witnesses or CCTV footage of the incident, you are up the creak without a paddle.

I am not saying give up by any stretch of the imagination but before you start appropriating property not belonging to you or any other form of action which you could be prosecuted for, gave the company a chance to do the right thing.

If they then refuse, do what you need to do to balance your karma neither of which will reverse the damage to your car nor refund the costs incurred, but will no doubt make you feel better.

Just my 2p worth.

5p with inflation

 

[Istbclass]

A few years ago I went to get my caravan out of its storage, on arrival I was greeted by the front panel cracked and smashed in, I immediately got the site owner and while looking at it I noticed some red plastic from a lens directly under the damage, we went to the caravan parked next to ours, which was a big double axle job which didn’t have motor movers and he had to reverse it in with the car, guess what the bits of lens fitted exactly his broken rear lens. Took photos of everything including the plastic fitting his broken lens, when he reversed in the damage would have been on his blind side, contacted him and he denied doing it. Sent everything off to the insurance company including diagrams etc. The insurance company said there wasn’t enough evidence but I could take him to court, I let the insurance company pay out the £1500 for the repair.

 

[219]

Walked by the car this morning and found it surrounded by tree brunches and a tree chipping machine. Apparently they lost their parking reservation and all of the sudden it became my fault. To photos of everything and noticed a curved scratch on the rear tailight and bumper.
Called the company and they said they will call me back but never did. Called the insurance they said it will affect my no claims bonus and I have to pay them they will try and get the money for me. I said I will pass for now. So basically they ****ed up my car and there is nothing I can do about it.

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Take away their tree chipping machine ( it is called 'poinding' , and perfectly legal ) and tell them it will be released back to them when they pay for the damage to your car .

 

[219]

The problem is that there is no evidence that they actually caused the damage, unless somebody actually witnessed them causing the damage. I am not saying they didn’t do it but proving it in law is a different game.

If they didn't deny it outright upon contact , that's as good as an admission - in court , the judge would ask why they didn't simply deny it when confronted .

 

[219]

Stealing will not help his case!

It is not stealing , it is poinding , which is legally seizing property as a surety against a debt . Stealing is taking something with the intention to permanently deprive the rightful owner of it . The OP simply needs to write to the company explaining that their property is being held as a surety and will be released when the damage is paid for .

The OP's photographs , combined with the lack of denial by the company when confronted makes for a pretty strong case .

He needs to make it less hassle for them to pay up than to fight it , which would end up costing them more . Every day without their little machine is money lost to them .

 

[Deleted member 6183]

It is not stealing , it is poinding , which is legally seizing property as a surety against a debt . Stealing is taking something with the intention to permanently deprive the rightful owner of it . The OP simply needs to write to the company explaining that their property is being held as a surety and will be released when the damage is paid for .

The OP's photographs , combined with the lack of denial by the company when confronted makes for a pretty strong case .

He needs to make it less hassle for them to pay up than to fight it , which would end up costing them more . Every day without their little machine is money lost to them .

Has the OP ever stated that he is in Scotland?

 

[baxlin]

Every sympathy with the OP, last year tree surgeons working next door to me failed to lock the spout of their chipping machine properly, and the 'apprentice' feeding it didn’t notice it was swinging round, and spraying the chipped wood straight onto my (cosseted) car....

Fortunately no permanent damage, and easily dealt with using various potions, lotions and elbow grease.

 

[Gazwould]

Chap with a Porsche Cayman on driveway noticed a neighbour was painting his fences and he said to let him know and he'll move the Porker away from the low boundary fence .

Whilst on holiday some time after the said neighbour painted the fence splattering the Porsche .

 

[219]

Has the OP ever stated that he is in Scotland?

He never mentioned , but if other inferior legal systems differ I can't help it

 

[E53AMG]

People here are getting confused between criminal law 'innocent until 'proven' guilty', in theory anyway and civil law where reasonable liklihood comes into play. But the civil courts also operate in a socialist style in that they don't like taking money from the less well off to give to the already well shod.

If you have evidence that shows the over whelming liklihood of the cause I would say go through the County Court, online is easy enough to use.
Don't be emotional, lose any of your anger, this is down to money.

Be aware though that, in my view at least, the CC is the Court of Toyland and any outcome may not relate to common sense.
It may be that the Court will take the view that you are insured and claiming for repairs is what it's there for.
It may be that the Court will view that the defendant should be insured for 3rd party risks, but that's not a legal requirement.

Letter stating your case, w/o emotion, just facts. State 10 days to repsond.
2 weeks later, letter before claim, stating actual date you will proceed to claim.
Claim.

"reasonable liklihood" should read " balance of probabilities based on all the evidence presented". The civil courts will only rule based on evidence, no evidence no judgement, Toyland or not.

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[E53AMG]

I thought Public Liability Insurance was compulsory for a business

No it isn't just recommended. You may be confusing it with Employers Liability Insurance required if you have employees, contractors or temporary staff.

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