Criminal Damage Question!

[alyo]

Hi ,

This happened recently
- A man parked INSIDE my driveway without permission (as there are shops nearby) despite there being a NO PARKING sign in my driveway.
- I saw his car and was about to remove one of his tyres before he came.
- He said 'He did it for years' in my area (making it OK to park in my driveway and avoid paying parking fees) and claimed it wasn't his car and was about to drive off.
- Angry I decided to stop him by hitting his car twice with a hammer.
-He runs out of his car violently saying 'that's my car!' Hammer in my hand , with both hands stretched out I say, 'you can't do anything'. He grabs me by the neck. I say"I'm calling the police". He also said I am racist which I vehemently denied.
-The police come and arrest me for criminal damage.
- The man also denies grabbing me by the neck (there are neighbours who can prove this is false). Neighbours can also testify against him for regularly parking in our driveways.
-In the police station, without a lawyer (because I dodn;t realize it was serious), I admit to causing criminal damage (i have never been arrested before) and told them during the interview I that I was not paying for damage to his car. Subsequently, I was charged.
- What will happen now? should i turn up to court. If I say I will pay for the damage , and I don't (as I haven't got any money) what will happen?
- Will I get a criminal record?
- Can I sue the guy for trespassing on private property, for defamtion of character by calling me 'racist' and assault??

[sinderella]

do you not think that you went over the top a little?

[Peter Pedant]

jesus you dont need legal advice - you need an anger management course

No you cant remove his tyres
and no youc ant hit his car with a hammer no matter how angry you were

Yes you should turn u to court - I cant think there is any point in pleading not guilty. Tell the court how very very sorry you were to act so stupidly and then negotiate a repayment schedule

yes you will get a criminal record. I dont see you can avoid this

forget the trespass and no, defamation is a non starter

[nailit]

have to disagree with the previous two answers, if it was me I'd have absolutly trashed his car. Would have got myself another conviction in the process mind but I would have made sure he never parked there again.

[factor-fiction]

I think the OP was asking for legal advice though, nailit

[nailit]

oh right factor, in that case yes, they will get a criminal record, yes they will have to attend court and yes they will have to pay. No getting around it.

[EDDIE51]

nalit . calm down, you have got yourself into enough trouble already!
alyo You will get a criminal record if this goes to court , you will have to pay for the damage and pay compensation as well. In addition you will get a fine or community service.
Trespass is a civil offence not a criminal offence ( like criminal damage) you can only sue for damage caused by the trespass not for the act itself , you can do nothing about that apart from asking him to leave.
Your 'no parking' sign is worthless it has no meaning in law, only a local council can designate a no parking area.
The only legal way you can stop people parking on your drive is to buy parking posts / bollards and use them to block access. Get the type that are concreted into the ground and have a hinge and lock so you can lower them when you need to use the drive.
You are going to have to apologise and offer to pay for the damage and hope the guy will drop the charge otherwise you WILL get a criminal record!

[alyo]

what if i say i pay , but don;t (because I have no money!)

[TonyV]

Also no money how do you pay for your internet connection? You were wrong causing damage - you will have to pay

[alyo]

live at my parents house til i get a job next year. no money.. so what do i do?

[alyo]

what is the payment procedure for criminal damage because I;m not paying that guy who keeps parking in my neighbours driveways without consent.

[alyo]

Do i tell the judge, yeah I will pay...etc.. just lie to the judge?

[grasscarp]

http://www.theanswerbank.co.uk/Law/Question1372025.html
You said on this thread that you didn't want to pay because he wasn't worth it

[grasscarp]

Lying on oath? Good idea not

[alyo]

sorry for the multiple threads Mark. not intentional.

I mean if I tell the judge "I will pay" just to let the court procedure get through quickly but I won't really, what will happen?

[bednobs]

so not your driveway then ...

[alyo]

No money Mark - so no payment. That guy is a total scumbag, he deserves *** all.

[alyo]

Parent's driveway. so what happens?

[TonyV]

When you get a job your salary will have deductions made, hope your future employer will be ok with you having a criminal conviction

[alyo]

hi Tony V , how would you like it if someone parked on your driveway without permission?