burnt out bike - maidstone

KaGantua · Borekit Bruiser Joined: 22 Sep 2013 Karma :

OK about three weeks ago some body burnt my CBR600 out when it was parked round my mates house in Maidstone.

Bike cost £800, my excess is £700.

Informed my insurer, I wont be claiming, not much point.

Bike will be scrapped soon. Police called that day and crime number gleaned.

Much to my surprise, yesterday I got a call from the Police Sergeant in charge of the investigation.

Theyve got a man in custody, who has admitted to setting it on fire.
Apparently he walked into the station and confessed....

Now ive given a statement to the police, and have said yes to my statement being put forward and appearing in court. Police have assured me the guy is nothing to worry about (I made a point of asking, should I believe them?)

They also said that during the court case (If it gets to court, which it looks like it will) I could be considered for compensation. They also told me I could apply seperately for Criminal Injuries Compensation (or somesuch - I think thats what he said.)

Anyone in the area and/ or have experience of this type of situation?

Nash GT · World Chat Champion Joined: 12 Sep 2014 Karma :

Now that the perp has owned up to his wrong doing,
you could chase it through the small claims court perhaps?
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KaGantua · Borekit Bruiser Joined: 22 Sep 2013 Karma :

Yeah thats what I was thinking - Wait until hes convicted and then use that to chase him up via small claims

TCFA · Trackday Trickster Joined: 25 Aug 2013 Karma :

yes just sue him in a civil claim (I don't know anything about criminal claims and compensation etc)

Once you're in court for the crime his statement will be public and you can rely on it in the civil claim (as will his conviction of course). You might want to try to sue him sooner but I don't know if you can rely on his confession until its been tried and so your evidence might be weaker. But weigh that against the lower burden of proof to be overcome in a civil claim.

You need to consider whether he can pay if you win (or if he will pay). You might get a win, but if he doesn't pay enforcement can be a pain in the bum. Also note you'll have to pay the court fee to bring the claim. And any legal fees you might choose to incur. In the small claims court if you win he will have to pay the court fee, but not your legal fees (if you have any)

Let's say he doesn't cough up after the judgment. Then you have to enforce. There are various ways, such as attachment to earnings or security over any assets he might have, but practically, if he's got no assets and no job, you won't get the money back (or you might incredibly slowly) - something tells me the bloke setting your bike on fire might not be the type of bloke who throws a grand your way. Also his debts will increase by having to pay the state some costs towards the prosecution if found guilty.

Or you might just want to make his life a bit harder and squeeze out whatever you can
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Minty · World Chat Champion Joined: 23 Dec 2005 Karma :

Expect an offer from Paddy for the burnt out carcass.
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P.addy · Red Rocket Joined: 14 Feb 2008 Karma :

Nash GT · World Chat Champion Joined: 12 Sep 2014 Karma :

KaGantua · Borekit Bruiser Joined: 22 Sep 2013 Karma :

trevor saxe-coburg-gotha · World Chat Champion Joined: 22 Nov 2012 Karma :

Strange one, this. Wonder why he fessed up?? Sounds a bit unstable to say the least. Can't quite believe it was the guilt - even if it should've been.
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Jim Mc · Nearly there... Joined: 28 Dec 2010 Karma :

Reads to me like you shouldn't need to pursue it through a separate small claims as the police prosecution will see you duly compensated.

He's a nutter for approaching the police directly. He'll end up with a criminal conviction.

andyscooter · World Chat Champion Joined: 30 May 2009 Karma :

pound a week for ten years
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_Iain_ · Banned Joined: 01 Feb 2012 Karma :

KaGantua · Borekit Bruiser Joined: 22 Sep 2013 Karma :

no

didnt ask either

blueglue · Trackday Trickster Joined: 10 Jun 2014 Karma :

If your statement covers the basis the bikes worth x amount and your excess is about 90% that you should be ok.

Courts are hit and miss with compensations claims. If they see you havent been reimbursed by the insurer it will certainly help.

I got punched in the face and my glasses were all bent up. even though i managed to straighten them up and wear them in court i still got £100 compensation for them (they were £150 new).

Maybe dont wheel your bike into the court though eh Mr. Green

chris-red · Have you considered a TDM? Joined: 21 Sep 2005 Karma :

"i can pay 5 pond a week..."
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blueglue · Trackday Trickster Joined: 10 Jun 2014 Karma :

berzerker · Renault 5 Driver Joined: 27 Sep 2013 Karma :

Contact the police and ask to speak to the investigating officer.You need to complete an MG19 as the CPS may not be aware you need compensating (on conviction)

KaGantua · Borekit Bruiser Joined: 22 Sep 2013 Karma :

ok mg19 filled out

sentencing was today

will contact WCU (Witness Care Unit) tomorrow to find outcome re compo

they wont give me his name, only his surname
do they have to give it?

P.addy · Red Rocket Joined: 14 Feb 2008 Karma :

Surname should find him in Maidstone.

Let me know what it is. I know the local scum

Rogerborg · nimbA Joined: 26 Oct 2010 Karma :

SteveSmith · Nitrous Nuisance Joined: 08 Nov 2012 Karma :

stirlinggaz · World Chat Champion Joined: 22 Jul 2007 Karma :

devojunior · Brolly Dolly Joined: 12 Sep 2010 Karma :

hmmm bit strange this, nobody who sets a bike on fire just hands themselfs into custody. i bet he has an underlined mental issue and will get thrown out of court on that basis please keep us informed

reed · Nearly there... Joined: 28 Oct 2012 Karma :

Wait for the completion of the criminal case, and use Section 11 of the civil evidence act, which allows you to use all information from the criminal case in your civil case.

Criminal cases are proved beyond reasonable doubt, and civil cases are on the balance of probability, so you will win the civil case if he is successfully convicted at criminal court.
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KaGantua · Borekit Bruiser Joined: 22 Sep 2013 Karma :

Got the name - maybe it was because the trial hadnt been done they could only pull up the surname - or they might have been arses.

Either way - got the name. He is paying 300 notes compo to me (Dont know over waht period) and I sold the frame for 100.

So im down 400 - might consider a private case (ie a civil claim)

He got 42 days inside, suspended for two years, so out for Christmas.

No idea why he did it, the WCU wont know they say. As you say its odd to do it, then confess. Its not like he was tried for anything else, and it was just something he confessed to 'in consideration' - he just confessed.

Guy also appears to have been involved in a Car Accident some months ago leaving one of his mates dead. What a charming and productive young member of society.
Most odd.

Safe riding, all.