Is it criminal damage?

[yorkiepud73]

My wife and I are under investigation for two separate instances of criminal damage to our neighbours bush.

Both instances have been filmed by neighbors cctv which films our drive and entrance.

My wife is accused of criminal damage because she drove over the bush. The PC says this appears reckless rather than intentiinal. What about a plain old flipping accident? Why don't people in a road traffic accident get done for criminal damage. the law states its about knowing there's a risk to damage before doing the damage?

As for me I am filmed moving said bush, some 3 months later that had died and had blown onto our drive and was hitting my car. this is no flimsy bush. it has the potential to damage my car and provides a risk of injury to our small chikdren

the pc says because i did not know the law this too was reckless criminal damage as i did not have express permission to move it. now i understand this to be wrong in the case of "legal excuse" such as protecting my own property which does not need express permission.

weve both been offered cautions but neither of us really want that on our record.

could anyone advise us on our options? i have not accepted the caution yet but said I would based on what i was told. we were told it was unusual for someone to have solicitor present for an interview under caution, but i wish i had now. i think i can still speak to one?

[ostell]

So counter claim for the overhang of their bush onto your property causing problems AND their CCTV invading your privacy by including your drive etc in their image.

[des8]

Oh dear
Who told you it was unusual to have an interview under caution without a solicitor being present?
On this site we always advise peeps to take a solicitor, or insist on the duty solicitor being present.

Certainly do not accept a caution without first speaking to a solicitor.

In your case IMO it seems ridiculous, as if the bush had damaged your car after being blown from their ground (was it fixed securely, should they not have realised it was liable to blow around?) they might have been liable. You were taking reasonable steps to protect your property.

Regarding your OH's situation it is difficult to express a position without seeing where that bush was situate with reference to your drive, and the course your wife took ie is the bush on the boundary? is it a tight turn to enter? what sort of speed?

I assume you and your neighbours do not exchange Christmas cards.

[yorkiepud73]

The bent North Yorkshire copper did. What a slimey liar he was. Ended up accepting the caution. So wish we hadn't. Moral victory for the neighbour who is an outright self-obsessed the-world-is-mine narcissist.

Might take this to the solicitor. The police interview was recorded so it shows the copper telling me i needed permission to move it.