Attacker broke glasses. Got away with a police caution. How do you make them pay to repair glasses?

[mfpa]

Hi.

 

My wife's glasses were ripped off her face and broken, in an unprovoked attack.

The police say the attacker admitted it, but has been given a caution.

 

How does my wife go about getting compensation from the attacker so that she can pay for replacement glasses?

[Mike_hawk]

Civil court claim, bear in mind you'll need to front the costs of filing and allocation (if defended) so best to weigh up the probability of getting your money back. Is your wife in receipt of any benefits which would exempt her from court fees?

[mfpa]

Thanks, Mike.

No she has zero income but is not entitled to benefits.

[Mike_hawk]

Probably best to find out if the toerag has any money before contemplating a claim, you could end up throwing good money away and never see a penny in return.

[mfpa]

(if defended)

 

I wonder what reasonable defence there could be, given that the attacker admitted the assault and breaking the glasses, and accepted a police caution.

[Mike_hawk]

No way of knowing unless you file a claim, I've witnessed numerous admissions which bear no relation to the allegation. Just numbers to the police so its probably sensible to ensure the caution is/was accurate at the time of admission.

[mfpa]

its probably sensible to ensure the caution is/was accurate at the time of admission.

How? I don't suppose the police would supply a copy: they won't even give you a copy of your own statement. Edited August 11, 2014 by mfpa
typo

[Mike_hawk]

I doubt it too, you may have better luck making a request at the expiration of the 3 month judicial review period but to be frank its a tad unlikely you'd be provided with any disclosures absent a court order.

 

How much would the claim be?

[citizenB]

Would this be covered by your home insurance ?

[Conniff]

Were you not asked if you wanted to press a charge of assault and criminal damage against him ?

 

 

You can price up replacements and then make a civil claim against him for that amount.

[mch1991]

Of course you can issue a court claim. Nobody should be at a loss due to someone else's negligence, and no body should be at a loss when they have been the victim of a crime.

 

Don't get me started with the criminal justice system in this country, a caution for an unprovoked attack is just typical of the justice system nowadays.

 

How much are you looking to claim? Try and keep the claim as small as possible to keep costs down, but as long as you're keeping it at let's say around £200, then you'll only have to pay to issue a claim (£25? Via MCOL), in which you'll get back once you have a judgement in your favour.

 

I can't imagine after admitting the unprovoked attack to the police that the defendant would be able to produce a defence, they broke the glasses through a deliberate and aggressive act, and should be made to reimburse any costs.

 

Good luck.

[mfpa]

Would this be covered by your home insurance ?

No, only have buildings insurance arranged by the residents' management company.

[mfpa]

Were you not asked if you wanted to press a charge of assault and criminal damage against him ?

 

We were not asked at all. Police left an answerphone message the following afternoon saying how they had proceded in the morning after interviewing the attacker.

 

You can price up replacements and then make a civil claim against him for that amount.

 

That is an option I am considering. It is the frame, not the lenses that got broken.

[mfpa]

How much are you looking to claim? Try and keep the claim as small as possible to keep costs down, but as long as you're keeping it at let's say around £200, then you'll only have to pay to issue a claim (£25? Via MCOL), in which you'll get back once you have a judgement in your favour.

 

Isn't there also an allocation fee or a hearing fee?

 

I can't imagine after admitting the unprovoked attack to the police that the defendant would be able to produce a defence, they broke the glasses through a deliberate and aggressive act, and should be made to reimburse any costs.

 

There are some devious ***s about; you can never be too sure.

[mfpa]

I doubt it too, you may have better luck making a request at the expiration of the 3 month judicial review period but to be frank its a tad unlikely you'd be provided with any disclosures absent a court order.

 

3 month judicial review period? I read about police cautions from several sources, and none of them mentioned such a thing.

 

 

How much would the claim be?

 

Maybe £120 - £150. Not sure yet about repair/replacement cost. Not a lot in the grand scheme of things, but more than a month's "disposable" income.

Edited August 14, 2014 by mfpa
spelling

[f16]

To make a "Civil" claim you will need "his" home address.

Do you have that ????

 

Try writing a letter to the Chief Constable for your area, and put your case to him.

That worked for me 30 years ago !!

 

As msh1991 post 11 pointed out. .... "(don't get me started)".

 

Times have changed. .... For the worse.

[Mike_hawk]

Without knowing the details of the charge I made an assumption it was a summary offence.

 

I guess you have to weigh up your costs and time against the outcome you want. For a claim of that value the application/ filing fee is £25.00, if it were defended the allocation fee for trial would add a further £25.00. Assuming you went through the correct process of pre action demand etc.. that would add to your time in compiling a letter, postage, consumables. If it went to trial its another day of your time for the hearing plus compiling witness evidence and service costs of copies...

 

Assuming you won your case but the other side has no income, you could enforce the order (more expense) but if he has no money or goods to the value of you're unlikely to see a penny.

 

I don't want to put you off but then again I don't want to encourage you to claim without considering its effect on you and your finances.

 

If you can get hold of his details perhaps a strongly worded demand for payment would bring a result but I'd be inclined to think long and hard before filing a claim, no matter how unfair that may seem.

[mfpa]

To make a "Civil" claim you will need "his" home address.

Do you have that ????

 

No, just the area. But in a "small town" it is not hard to find somebody, especially somebody who upsets a lot of people.

 

 

 

Try writing a letter to the Chief Constable for your area, and put your case to him.

That worked for me 30 years ago !!

Interesting idea, I never thought of that. I wouldn't be holding my breath for a useful response, but it is a small investment of time and money.

 

Times have changed. .... For the worse.

 

They have, in lots of ways.

 

 

 

 

Without knowing the details of the charge I made an assumption it was a summary offence.

 

I guess you have to weigh up your costs and time against the outcome you want. For a claim of that value the application/ filing fee is £25.00, if it were defended the allocation fee for trial would add a further £25.00. Assuming you went through the correct process of pre action demand etc.. that would add to your time in compiling a letter, postage, consumables. If it went to trial its another day of your time for the hearing plus compiling witness evidence and service costs of copies...

 

Yes, it's difficult to justify the expenditure and effort in the face of uncertain return.

 

Assuming you won your case but the other side has no income, you could enforce the order (more expense) but if he has no money or goods to the value of you're unlikely to see a penny.

 

They have a job and a car, and always seem to be splashing the cash when out in town. But they are also the sort to not comply just to be awkward.

 

I don't want to put you off but then again I don't want to encourage you to claim without considering its effect on you and your finances.

 

If you can get hold of his details perhaps a strongly worded demand for payment would bring a result but I'd be inclined to think long and hard before filing a claim, no matter how unfair that may seem.

 

I would need an audit trail showing I had asked them to pay before bringing a claim, anyway. I wondered whether it is better coming from me.my wife, or whether local solicitor's free half-hour sessions still include a letter.