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F E Smith
F E Smith, Solicitor
Category: UK Law
Satisfied Customers: 9354
Experience:  30 years in General Practice
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I used a temporary spray paint on the pavement outside my business

Resolved Question:

I used a temporary spray paint on the pavement outside my business to advertise. I didn't think I was doing anything wrong as it was a temporary 'paint and scrubs off. The council now want to charge me with Criminal Damage and a violation of the Highways act.

What is the likely outcome for these a 1st offense with no previous record.
Submitted: 7 years ago.
Category: UK Law
Expert:  F E Smith replied 7 years ago.

Good morning Dolphin


This is bureaucracy gone mad. If the paint scrubs off and you have, in fact, svrubbed it off, there is no need for any prosecution. In th event that you are charged, it is a classic case for a Conditional or, even an Absolute, Discharge. At worst it will be a fine.


If you are to be charged, you can turn this to your advantage by getting the local press along to report it. They will love it and the resulting publicity will more than pay for the fine!!


I hope that this answers your question. If so, I would ask you, please to click 'Accept' so that I can be paid. If you require clarification, please don't hesitate to ask.


Best wishes.



Customer: replied 7 years ago.
Does it matter that after they complained to me, we were in the process of scrubbing it off when the Council cleaners turned up and took over from us?
Customer: replied 7 years ago.
....and what level of fine should I expect please?
Expert:  F E Smith replied 7 years ago.

Hello again


When deciding on the sentence for such an offence, the court will take into account the value of the damaged property and the trouble and expense of restoring the property or removing the (in this case) paint.


If you have already removed this yourselfthen the level of 'damage' would be slight and I would expect a fine in the lower hundreds of pounds at the most.





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