clamped car chains through alloys

Roxxers

hi car got clamped no issue in that , but the idiot has put the chains through the alloy rather than around the tyre and has scratched the f uck out of the alloys , anyone experience this before ? Thanks

mikeecho

Take photos, leave car in situe, phone the gardai and report criminal damage.

Also take a civil action through the small claims court.

mikeecho

https://www.boards.ie/discussion/comment/120765036#Comment_120765036

You are obviously not versed in the Criminal Damage act. 1991

"(1) A person who without lawful excuse damages any property belonging to another intending to damage any such property or being reckless as to whether any such property would be damaged shall be guilty of an offence.

(2) A person who without lawful excuse damages any property, whether belonging to himself or another—

(a) intending to damage any property or being reckless as to whether any property would be damaged, and

(b) intending by the damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered,

shall be guilty of an offence."

As for the small claims court.. I'm glad I could bring a smile to your face, maybe you could enlighten us, rather than throwing disparaging remarks, or is your stool too high against the bar.

mikeecho

https://www.boards.ie/discussion/comment/120765535#Comment_120765535

What about criminal damage

mikeecho

https://www.boards.ie/discussion/comment/120765573#Comment_120765573

I paid a guy to remove a clamp, and as a result of his recklessness he damaged my wheel.. now where do we stand.

Get Real

https://www.boards.ie/discussion/comment/120765560#Comment_120765560

I agree with Lisa Murphy. And respectfully argue you're interpreting the criminal damage act incorrectly.

The part you highlighted with regard to being wreckless. That'd imo be me throwing a brick at a window and smashing it (intentionally) or throwing bricks all over the place in a fit of anger and a window happens to get smashed (wreckless-the part you highlighted)

It imo wouldn't apply to a clamper applying a clamp as part of his job (granted done incorrectly) and hence it's a civil matter. Besides, if the poster complains of criminal damage 1) presuming the clamper has no previous convictions he's entitled to an adult caution so how would that benefit the poster and 2) the clamper (wrongly imo) gets charged with criminal damage and goes to court. Somehow gets convicted (which I doubt the judge would) and pays a 50quid fine. How does that benefit the poster?

It's a civil claim all the way.

If I pay a fella to cut my grass, and he knocks against my floor to ceiling sliding door with his mower and breaks my glass, you think I should call the guards? Come off it. I look for him to pay for the damaged window or b) if he refuses, pursue him civilly.

mikeecho

https://www.boards.ie/discussion/comment/120765632#Comment_120765632

That's fine, but whatever the court outcome, be it a fine, probation act, poor box, or compensation in lieu of a convection.. that's a decision for the judge and an option for the op to explore.

If damage was caused, be it intentionally or recklessly, that's a criminal matter.

The gardai, will just run with a complaint, and let the courts decide the outcome.

Edit, I'm aware of a case where a guy stood on top of a small concrete post , that marked a fire hydrant in a parking lot . You know the ones that are a foot high.. well it cracked.. the shopping center made a complaint, and it went to court as criminal damage.. was it accidental.. maybe, was it reckless, maybe, bit either way, the guy got a summons.

Roxxers

grand thanks