Criminal Damage to my car by x husband

[Maxine1066]

My x husband who i have just separated from has been charged for Criminal damage to my car windscreen. as he smashed when he got angree with me.
he was taken to court for his actions but is now claiming that he owns half the car so cant cause damage to his own car. the car is in my name and all other document are also in my name even the recipet for the car is in my name.
can he do this and does he have the right to the car???

[tamborine]

present your docs as proof of ownership & sue him for all the chips on body & interior damage to upholstry etc etc etc......splinters from cleaning, damage to vacuum cleaner due to cleaning etc etc etc!

Run up as big a bill as poss

[dh001]

Hi Maxine: Just confirm whether the court case has concluded.

[Maxine1066]

No he is due back in court next week.

[dh001]

Ok ta. This is common defence for anyone charged with criminal damage to property in domestic situations.

The police should have the ownership of the car eviednced in the prosecution case. Can you recall reference to ownership in your statement to the police and did they copy the registration documents etc?

Also, was it the police who informed you that he is raising this defence?

[dh001]

'eviednced' should read evidenced.

[Maxine1066]

i dont have the document as he has refushed to give them to me a soliciter has requested them on my behalf. yes in my statement i made refferences to me being the owner of the car. it was the community police that informed me that he had raised this defence. when he went to court yesterday.

[dh001]

Ok, well the good thing is your ex-partner has not denied damaging the car but is claiming that the damage is not criminal (as he states he owns it). The officer in charge of this case should have this issue fully evidened i.e. that you are not only the current registered keeper but also the owner. Did you buy the car?.

It should be obvious to the courts that it defies logic to smash your 'own' vehicle up?

I would contact the 'officer in charge' of the investigation to make sure they have this issue watertight.

[dh001]

Carry on Tullia2, two heads are better than one etc.

[Maxine1066]

Thank you to all the answers this has helped.

[dh001]

Maxine, on the facts you have disclosed your ex is,as Tullia2 has stated, 'bate'.

Unfortunately the standard of prosecution evidence for core crime is rather poor nowadays (for various reasons) and this issue you have raised is very basic etc. In the unlikely event this case fails in court please let us know and will advise you what to do etc.

[Maxine1066]

I will manay thanks

[dh001]

Hi Tullia2, yes your advice is correct. In this case the ownership of the car is contested in order for the defendant to claim he is not guilty of 'criminal' damage etc so ownership must be proved by the prosecution. The police can confirm who was the registered keeper at the time of the offence with DVLA, but it still needs to be proved that it is Maxines car, she has receipts etc as per your point number 1.

I would charge one pancake for my advice as its only a summary.

[Maxine1066]

Only a pancake and 2 Dutch Gilders! that is cheap and half the cost lol a lot less than what he is going to cost me to gethim out of my life lol thank you have made me smile and at this time i needed that. :-)))))

[dh001]

Well dont suffer in silence as I am sure you can get some good advice in this forum like how to try and get injunctions free of charge etc.

[northernmonkey]

hahaha, I dont blame him, I mean for starters you can't spell ANGRY.