Criminal Damage to property valued under £5,000

[Carlblues7]

I am after some advice for my Son and looking for the correct next action he should persue in his case.

In January 2015, my Son was attacked by his Mum's ex partner who pleaded guilty to:-
1. assault by Beating
2. Criminal damage to property valued under £5,000.

The person had hit him in the face around 15 times and attacked my son's car, damaging a number of panels and smashing the door in. Estimate to repair is circa £1,600 by a local Ford dealer, which was provided tonthe cps in their case/sentencing.

Following the guilty pleas to both charges, the Judge passed the sentence of:
a) Conditional Discharge for 2 years
b) Compensation of £420 for car
c) Compensation of £100 for injury
d) Surcharge £15
e) Costs £85
f) Restraining Order for 2 years with no contact with IP in any way (including electronic), not to enter road where he lives or the Retail Park where he works.

QUESTION
As the damage claim is circa £1,200 below cost of repair, how should I pursue a claim against the person for this additional cost?

On contacting the Criminal Justice System to understand the shortfall, the lady advised that the Judge would have taken into account how much the person earned and could therefore afford to pay. This is absolutely farcical and potentially he lied in court.

The guilty party is a Professor running his own business who earns over £100,000 per annum.

The CJS advised that my Son will have to claim via his car insurance policy; however not sure that criminal damage is claimable coupled with the loss of no claims bonus and increased insurance cover through no fault of my son's.

What is the best way therefore to pursue this situation? Do we have to take a Small Claims Court summons?

Your guidance would be greatly appreciated.

Best regards
Carl

[des8]

Re: Criminal Damage to property valued under £5,000

Hi, and trust your son has now recovered from his injuries.
I don't know if a further claim can be pursued in the civil courts as compensation has already been awarded, although for his physical injuries he may be able to make a claim under the criminal injuries compensation scheme (https://www.gov.uk/government/organi...tion-authority). They do take forever (up to 8 years I understand) to settle claims.

Regarding the insurance question, certainly if he has comprehensive cover I would expect the policy to cover the damage. If he has "protected bonus" it shouldn't affect future premiums.

[Carlblues7]

Re: Criminal Damage to property valued under £5,000

Thanks for your response Des8.

Yes my son has not been affected by the assault and his injuries sustained recovered quickly.

I will get him to speak to his insurer insurer, maybe they will even take the case to recover the costs from the person.

There is the potential that he lied to the Judge in passing sentence based upon his earnings, which the lady at CJS suggested based upon the notes on the case.

Regards
Carl

[stevemLS]

Re: Criminal Damage to property valued under £5,000

Was it dealt with in the Crown Court or the Magistrates?

Certainly in the Magistrates you usually have to complete a written statement of income and expenditure before they fix the amount of the fine.

Fines are only loosely income related.

Compensation in the Magistrates rarely covers the full amount of the loss.

There is no reason why you can't pursue a civil claim for the shortfall.

The Criminal Injuries Scheme was significantly tightened up a couple of years ago and if he recovered quickly and has no lasting damage, he is unlikely to receive a payment, there is a tariff towards the back of this document (sorry) https://www.gov.uk/government/upload...0108512117.pdf

[Carlblues7]

Re: Criminal Damage to property valued under £5,000

Hi there StevernLS,

Many thanks for your response last night.

Yes it was dealt with by the Magistrates Court and therefore the next action should be a civil claim for the outstanding amount.

As the person has a 2 year restraining order of no contact with my Son, not sure how he would be able to attend the court.

Regards
Carl

[stevemLS]

Re: Criminal Damage to property valued under £5,000

I'm sure some sort of arrangement could be made, a court order giving them permission to attend.

With ASBOs and similar, where people are banned from a town centre, there is usually an exception written in for court appearances and for scheduled appointments with solicitors (for example).

You could deal with it if (and when) it gets listed by mentioning it on the Allocation Questionnaire.

He probably won't show up anyway judging by everything else you have said about him.