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Private Hire Car Damaged by Customer
Pogo116
post Sun, 15 Sep 2019 - 09:06
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Looking for some legal advice please - Scottish Law

This morning just after 0100 I dropped off 4 customers in my taxi. The two males had been drinking but were fully aware of their faculties. After I received payment one of the male passengers has in my opinion intentionally damaged my front wing by falling back and hitting my driver’s front wing causing damage. This has all been caught on my dash cam. Female passenger has said that they will pay for damages etc again all caught on dash cam. As I phone police it all kicks off with both male passengers wanting to fight with myself. Police arrive minutes later. Both males are arrested for S38 CJCS 2010. One of the Officer’s takes my statement but advises we will get a fully statement later. However no mention of Criminal Damage just the S38 on the Victim Care Card. I did overhear one of the Officers saying “Drop the Damage charge and proceed with S38 only”.

Looking for legal advice re best way forward with this claim. Will get a quote re repairs tomorrow and update.

Thanks in advance.



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post Sun, 15 Sep 2019 - 09:06
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Mat_Shamus
post Sun, 15 Sep 2019 - 10:20
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To progress with this you will need the name and address of the person who damaged your car so you can either forward it to your insurance company where they will attempt to claim the money back from him, or you can try and sue them via small claims court for negligence.

But i wouldn't expect any of this to be easy


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Patience is something you admire in the driver behind you, but not in one ahead.
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Pogo116
post Sun, 15 Sep 2019 - 10:35
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Cheers for advice.

I’ve got address of the person who did the damage and he got arrested at the scene of the incident - so don’t think it would be too difficult to get name. Wife has offered to pay for damage. Just looking at all options available Re this. Just don’t want to be left out of pocket.
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roythebus
post Sun, 15 Sep 2019 - 10:38
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There's a group called Taxi Driver On Line that may offer some help for you. It's a free forum much ike this and has a number of Scottish contributors.
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Pogo116
post Sun, 15 Sep 2019 - 11:01
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Cheers for that. I’ll try them too
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nigelbb
post Sun, 15 Sep 2019 - 11:24
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QUOTE (Pogo116 @ Sun, 15 Sep 2019 - 11:35) *
Just don’t want to be left out of pocket.

Isn't that what insurance is for?

From your description of the guy falling over it sounds like a hard case to prove criminal damage. It's not like he deliberately pulled off the wing mirror.


--------------------
British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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Mat_Shamus
post Sun, 15 Sep 2019 - 14:11
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QUOTE (Pogo116 @ Sun, 15 Sep 2019 - 11:35) *
Cheers for advice.

I’ve got address of the person who did the damage and he got arrested at the scene of the incident - so don’t think it would be too difficult to get name. Wife has offered to pay for damage. Just looking at all options available Re this. Just don’t want to be left out of pocket.


If you get his name and he refuses to pay you still may have an uphill struggle.
Even if you took it to small claims court and got bailiffs he might not pay.

You're contractually bound to notify your insurance company if you have been involved in any claims or accidents the last 5 years so there's a fair chance you'll be out of pocket with increased premiums as most insurance companies will load a premium for a non fault accident. Not all though.


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Patience is something you admire in the driver behind you, but not in one ahead.
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cp8759
post Sun, 15 Sep 2019 - 20:31
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QUOTE (Mat_Shamus @ Sun, 15 Sep 2019 - 15:11) *
Even if you took it to small claims court and got bailiffs he might not pay.

There are many enforcement options other than enforcement agents though.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Pogo116
post Tue, 17 Sep 2019 - 17:02
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Matter closed. Paid in Full for damages. That’s Glasgow people for you.
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DancingDad
post Tue, 17 Sep 2019 - 17:08
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QUOTE (Pogo116 @ Tue, 17 Sep 2019 - 18:02) *
Matter closed. Paid in Full for damages. That’s Glasgow people for you.


Nice result.
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