Car Vandalism - Civil Claim

[Timelord]

Hi there,

I'm new here so sorry if I don't meet all the correct protocols and thank you in advance for any help you can offer. I need some advice as to if I have sufficient evidence to start a civil case..

I have been a victim of car vandalism which I caught on my dash camera. Sadly, the footage did not capture the offenders face or registration. The police say without a face they cannot help. The vandalism was carried out by a car of the same make and model of the person I suspect. After the incident, the car parks in the exact same place of the person I suspect at the exact time they usually return home(I can demonstrate this and I capture its registration 3 hours later)

It was night and raining and because he was dressed completely in black, it is hard to see.
The footage shows:
The back of his head
Him clearly vandalising my car as he drives past(a screwdriver scrape)
the car is the exact make and model of the suspect.
his car parking where I capture his number plate (on my mobile) 3 hours later (3 hours footage of the car not moving).
his garden light triggering and a shadow entering his garden

Camera from car #1
04:55 - The suspects car approaches with bright headlights glaring
04:56 - Driver of the car drives very close to car #1, vandalising it as he passes.
04:58 - He has his arm out of the open window. He is holding a long pointed object towards the car as he drives by.
05:04 - He then vandalised car #2 in the same manner. A loud scraping sound is heard as the car drives by.
06:06 - He triggers his garden light as he enters his home.(Only the light can be seen activating)

Camera from Car #2
04:58 - Suspect drives by and scrapes car #1.
04:58 - Suspect stops next to car #1. before driving on. Suspect can be seen with the window wound down. His arm is hanging out of the windows and he is holding a long pointed object, scraping the cars as he drives by. He moves on close to the second car holding the object out of the window.
05:04 - Suspect scrapes car #2.
05:10 - Suspect parks behind car #2.
06:01 - A shadowy figure enters the suspects garden.
06:05 - Suspects garden light is triggered.

As for motive, he seems obsessed with the street parking space. I have about 10 videos of him running out of his house to claim my parking space seconds after I leave. I also have footage of his son coming to my house angry telling me to move my car from 'his' family's space.

The suspects wife confessed the whole thing to my neighbour but he does not want to get involved(would this even help?).

So I can prove it is his car parking in his usual place at the usual time he returns and that 'someone' triggers his garden light entering his home. The back of head footage looks very much like him.

Do I have any chance or winning my case? is my evidence insufficient?

[wales01man]

No evidence no crime just because something happened in the past does not relate to this alleged offence now had same problem POLICE USELESS

[Timelord]

No evidence no crime just because something happened in the past does not relate to this alleged offence now had same problem POLICE USELESS

I don't blame the police here. The suspect is very devious and committed the crime in a manner to escape detection.

I have been told by many that I may be successful in a civil case so I would just like some knowledgeable advice as to if I have a chance of winning, please.

[des8]

To clarify:
You have footage showing a person in a vehicle damaging 2 cars.
The footage shows that vehicle parking up
There is 3 hours of footage showing that vehicle stationary, at the end of which you can identify that vehicle via its number plate.

If that is correct, on balance of probabilities you have IMO a good chance of being successful in a civil action.

Alsoeven if you lose your costs (if your claim is under £10000) are small, and it might just be worth the punt anyway.

[Timelord]

To clarify:
You have footage showing a person in a vehicle damaging 2 cars.
The footage shows that vehicle parking up
There is 3 hours of footage showing that vehicle stationary, at the end of which you can identify that vehicle via its number plate.

If that is correct, on balance of probabilities you have IMO a good chance of being successful in a civil action.

Alsoeven if you lose your costs (if your claim is under £10000) are small, and it might just be worth the punt anyway.

Thanks for the reply DES8. Yes, those points are correct. I understand that the burden of proof is on myself.

#1 My main concern is that he comes to court and says it wasn't him.

#2 But this has gone on for over 5 years now with about 20 crime references. Can I sue for it all even though I only have evidence for the last one?

#3 I'm also concerned whether I should get a solicitor or go it alone. I have no idea on how to find good representation. It's a gamble that I don't get someone lazy or inexperienced.

#4 Also, what could I claim in this case? Obviously, the cost of the repairs and the legal costs. What about having to buy dashcam equipment and the distress this has caused my family? What damages could I ask for?

[des8]

You can't expect him to put his hand up to causing the damage.
However you seem to have sufficient evidence to show, on the balance of probabilities, that it was him
The standard of proof in civil courts is lower than that required in criminal courts

If it was me, I would only be claiming for the damage caused to the vehicles and court costs.

You can't claim for equipment purchased prior to the event, and compensation is rarely awarded for distress.

If the claim is for less than £10000 it will be allocated to the small claims track.
This is designed for the lay person to diy and avoid the cost of legal fees.
If you were to use a solicitor you would not be able to reclaim his charges even if you win your case.

[Timelord]

Thanks for the replies. This is a huge help.

Last questions (I think):

#1 If the defendant incriminates himself or confesses during the hearing, will there be audio or a transcript that can be used for a follow-up criminal prosecution(or police complaint)?

#2 Will I get a written Judgement? Can it be shared with (for example) the local council landlord (as part of an antisocial behaviour complaint)?

[des8]

If you wish you can order a transcript of the case.
You will need to complete form EX107 @ a cost of approx £1 per 100 words.

A written judgement is just that, the hearing transcript would probably be of more use when complaining to landlord

[Timelord]

Thank you for taking the time to reply DES8.