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