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Rob
Rob, Solicitor
Category: UK Law
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Experience:  Policitical Economy BA(hons) Law BA (hons)
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If i have been found gulty of a vandalism been fined and paid

Customer Question

If i have been found gulty of a vandalism been fined and paid compensation can the 3rd party take me to court for additional compensation.
Submitted: 7 years ago.
Category: UK Law
Expert:  Rob replied 7 years ago.

Hi,

 

Yes if there is a difference in the amount of compensation and the amount of damage actually caused however the county court will take into account that the magistrates considered your means when considering the compensation that you should pay and that this was the maximum you could afford and therefore may be minded not to order that you pay anymore. It is very rare for a third party to use the county court to try and recover more money as they know that there is a substantial risk they wont get any.

Rob and other UK Law Specialists are ready to help you
Customer: replied 7 years ago.
I was blocked in while parking my car in a public car park. To cut a long story short I kicked the car once and the owner is claiming over £2200 worth of damage. I was taken to court and pleaded guilty and was fined £75 and also ordered to pay £75 in compensation. Now the person’s insurance company is sending me letter demanding I pay them the full amount of damage.

I only pleaded guilty to get it over with but the damaged the have claimed I did not cause. Now I have received a letter saying “This should therefore be construed as sufficient notice pursuant to section 152 of the road traffic act 1988.”

They say I have 7 days to pay. I would like a bit of advice of what I should do. Should I ignore them or seek legal help with this matter. I think there maybe just trying to scare me into paying?
Expert:  Rob replied 7 years ago.

Hi

 

They are trying to scare you. S152 relates to claims by one insurance co against another and requires the insurance company of the other party to give you and therefore your insurance company at least 7 days notice before they issue or have issued proceedings to recover any loss. I doubt you were covered by your insurance co when you kicked the other car. I would write back to insurance co and tell them about the compensation you were ordered to pay and the fact that the court took into account your means when they considered how much you had to pay and that also you are not covered by insurance as your alleged acts were not covered under your insurance. If they are covered by your insurance you need to inform your insurance co asap.

Customer: replied 6 years ago.

Today I received a small claim summons from the other parties insurance on his behalf. They are claiming £2,525.37.

It say on the letter that I have been convicted of vandalism for kicking his car but does not mention that the court took into account financial circumstances and awardered him £75 compensation.

 

I would just like advice on what to do.

 

Thanks

 

XXXXX XXXXX

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