Just the problem of actual dammage to satisfy the actus reus element, and I could have certainly found *some* dammage… I’d have thrown the book atcha!

…and I’d have thrown a dictionary to you in return 😉

The fact that I tiptoed over the roof of a car does not absolve me of recklessness to damage.

I have no idea what the criminal law about blocking private drive ways is.

That is because it is a civil matter and not a criminal matter.

All conjecture anyhow, as ever with these things it would depend how well it was argued in court 🙂

oops re; my spelling of damage, the fact I did it twice suggests I really meant it 😳

I could have certainly found *some* dammage

Ah, but could you prove beyond reasonable doubt that said damage was caused by the defendant?

Silence in Court!

I hold you all in Contempt.

b)tampers with the brake or other part of its mechanism,

Tampering with the towbar IS tampering with “other part of its mechanism”. I know of a local fly posting company that was taken to court for putting flyers under wiper blades..

And yes, if you block a vehicle into a residence it is covered by obstruction laws, not just in London, anywhere there’s a dropped kerb.

There’s also the question of trespass to goods but that’s not criminal obviously.

Merely by having read the statute and the wikipedia page (which is enough to qualify me as internet lawyer), I don’t think you could get TWOC. And if you can’t get that (or theft) then you can’t get interference with a vehicle.

http://www.legislation.gov.uk/ukpga/1968/60
http://en.wikipedia.org/wiki/TWOC
http://www.legislation.gov.uk/ukpga/1981/47

but could you prove beyond reasonable doubt that said damage was caused by the defendant?

Yes, thanks to his public confession to the world on the internet, mwah ha ha ha ha!

If it happens again, call the Police. (not 999) We do it occasionally at work if we have trouble accessing a manhole over several days and residents move cones. They will look up any phone numbers via the DVLA etc and try and contact the driver on your behalf and ask if they can move it. If its illegally parked they may decide they have the powers to remove the car, if its legally parked they just ask the driver politely.

I’m not advocating poor parking, but if someone lifted my car via the towbar I’d go nuts, I’d rather it was dragged against the handbrake using the towing eye. But I always leave it in gear so that probably wouldn’t work without doing some damage.

The other relevant offense would be interfering with a motor vehicle which requires the intent to do another act such as steal when you interfere with the vehicle. So not relevant in your case.
Criminal Damage requires you to intend or be reckless about causing damage and you were not and indeed took steps to avoid doing so.

crankboy, from your quote above the guy in this video did nothing wrong either as i’m sure the outcome was not his intent. 🙂

[video]http://www.youtube.com/watch?v=8cPJ4XnL9H4[/video]

phill.w. top video but I’m not going to spend the day debating subjective, objective and hybrid recklessness for free when i can get paid for it instead. Short answer towing vehicle in controlled circumstances carefull not reckless, lifting unsecured long load at ballance point and swinging it about stupid.

Going back to the OP I think the wording of it was deliberately provocative.

So I got the mini digger and dragged it out of the way

Then he goes on to say how it was carefully lifted and rolled.

The car was most certainly not damaged as it was out of gear and the strap attached to his tow bar, lifted up and wheeled back on the front wheel

That sort of contradiction wouldn’t go down well in court and he could find himself at the wrong end of the verdict.

whilst working on building sites full of bloke’s i think you will find the usual and best defence of such acts is simply that everyone on site denias all knowledge. 😀

Yes, thanks to his public confession to the world on the internet

I see no confession to causing damage.

We once moved a car in Manchester with the Hiab on our wagon. The car owner came out (eventually, following signage, leaflets, concierge hassling him, etc) and started going mental. The Police also happened to be passing and weren’t interested in us and told him to calm down before they lifted him.

We see it every week, smart arses thinking they know better/are too important/are too lazy, ignoring reasonable and timely requests. It costs money (the contractors and eventually the tax payer) and is a total pain. Good on the OP.