Can we claim compensation from thief?

[sar011279]

A few months ago my neighbour had his motorbike stolen, the police managed to find it and the person responsible but the bike had suffered hundreds of pounds worth of damage at the criminals hands. The case is due in court soon. This person is a minor, once all is settled in court is there anyway inwhich my neighbour can pursue the money for damages either from the thief or from his parents/guardian?. The police have indicated that any level of 'costs' awarded by the courts will not even be close to the value of the damage caused.

[blacksheep1979]

Even if you could get a court to find in your favour trying to extract the money from the little toerag would be nigh on impossible.

[sar011279]

Could we file a court claim against his parents?

[Guest ArthurP]

I agree. I had a similar scenario years ago.

 

I caught the thief actually in my car having destroyed a lock and the dashboard for the stereo, called the police and he was taken to court.

 

He was found guilty and I was awarded £10 costs!

 

The £10 was never forthcoming and some time later I received a letter asking if I would write off the £10 as the thief wanted to make a fresh start.

 

I refused but I never got to see it anyway.

 

He was a local rougue and on the very first ever lottery in the early 90's he won £90,00 and was in the paper and the news!!

[hev106]

You should be asking the police to file a compensation claim for you (their form i.e. police form is an MG19) this is given to the CPS to NOTIFY that compensation is sought, alternatively if the bike was insured (presumably it was) if there was legal cover included/added can the INSURER not get off the behinds and do some work for once and actually CHASE for compensation. There is additionally nothing stopping you taking a civil claim out (although as you say he is a juvenile, he wont pay and not sure if civilly you can chase the parent(s)). Hope this may be of some help for you

Hev

[sar011279]

Thanks guys, you've given me some good points to look into. The main thing I need to know I guess as a 'fall back' is if we can claim from his parents/guardians.

[hev106]

Sar, Not sure on that one..............ask your caseworker or the Officer In the Case? I know many moons ago when my daughter was little and we lived in Germany our household insurance had to cover kids doing things and yes, my daughter managed to smash a shopping trolley into a brand new Toyota Celica...................gave over insurance details and let them sort it. German law stated you as the parent(s) were repsonsible for your childs actions...............not sure about the thieving side of things though. Word of thought, if you have household insurance do you have the legal cover (usually they have a helpline) so you could pose the query with them, again though surely the motor ins co should be chaisng for compo? I get really ticked off with insurance co's as they dont do as they say on the tin! Get your negihbour to chase them, get them working for their premium! Just suggestions though, could also try the CAB I guess?

Hope you get sorted, I know if it was me I would be chasing the little toerag otherwise whats the point of him going to court to get effectiely a smacked wrist!

Hev x

[hev106]

Oops sorry dont know why SAR came up on that message...................has nothing to do with this matter! Dyslexic fingers me thinks!

[sar011279]

Right, have spoken to my neighbour and the bike wasn't insured (it wasn't parked on the road). He has spoken to the police re compensation but they feel that the court is unlikely to award it as he is a minor.

[hev106]

It is not for the police to decide if compensation is awarded it is for the court to decide. If I was your neighbour I would push the poice to put forward a claim for compensation, get them to ensure the CPS and Youth Offending Team (if they are involved) are made aware they want compo, after that its in the courts hands or the civil courts! Even if compo is awarded through the criminal courts it does NOT stop a claim going through the civil courts!