Criminal Damage Question!

[alyo]

Hi ,

This happened recently
- A man parked INSIDE my driveway without permission (as there are shops nearby) despite there being a NO PARKING sign in my driveway.
- I saw his car and was about to remove one of his tyres before he came.
- He said 'He did it for years' in my area (making it OK to park in my driveway and avoid paying parking fees) and claimed it wasn't his car and was about to drive off.
- Angry I decided to stop him by hitting his car twice with a hammer.
-He runs out of his car violently saying 'that's my car!' Hammer in my hand , with both hands stretched out I say, 'you can't do anything'. He grabs me by the neck. I say"I'm calling the police". He also said I am racist which I vehemently denied.
-The police come and arrest me for criminal damage.
- The man also denies grabbing me by the neck (there are neighbours who can prove this is false). Neighbours can also testify against him for regularly parking in our driveways.
-In the police station, without a lawyer (because I dodn;t realize it was serious), I admit to causing criminal damage (i have never been arrested before) and told them during the interview I that I was not paying for damage to his car. Subsequently, I was charged.
- What will happen now? should i turn up to court. If I say I will pay for the damage , and I don't (as I haven't got any money) what will happen?
- Will I get a criminal record?
- Can I sue the guy for trespassing on private property, for defamtion of character by calling me 'racist' and assault??

[FrogNog]

alyo you might not like it but you broke the law and however unfair you think it is, you will have to face the consequences.

[alyo]

ok cheers. he'll get *** all though. Give up with this stupid country and law.

[sherrardk]

Isn't parking on someone else's drive a civil offence and what you have done is a criminal offence? Handy that you had a hammer to hand.

[sunny-dave]

Try getting a visa for China with a conviction for criminal damage ...

... the people in Hong Kong don't seem to think China is such a 'free' place either.

[TonyV]

Also if it *** me of that much would park across the front of them and go inside for a long tea break. You think Chinese laws are any better then?

[EDDIE51]

alyo , have you read my answer here?
http://www.theanswerbank.co.uk/Law/Question1372086.html
You either pay or in the end go to jail, even after jail you will still owe the cost of the damage you caused and compensation to the victim. ( the guy who parked on your drive)

[grasscarp]

except it wasn't his drive

[alyo]

The lawyer strongly said that this doesn't need to go to court and is strongly pressing on and is in touch with those related. Hopefully it won't come to court as i will say as i will pay (which I won't). They can call in the baliffs and deduct pay etc..except i won;t be in this country.

[TonyV]

IMHO I would be more worried about the criminal conviction you will have rather than trying to get out of paying what you owe. Your parents house will be flagged up if you don't pay with a bad credit rating preventing them from getting any loans credit cards etc. By the way are they aware of your situation / intentions?

[sherrardk]

Slightly off on a slant - how are you going to finance this company in China if you haven't got my money?

[hc4361]

Have you got a Chinese passport? It is VERY difficult to emigrate to China without company sponsorship.

[Zacs-Master]

I don't think he's got a yen to come back on.

[EDDIE51]

alyo I would not want anything to do with a company who's founder had your attitude towards his financial commitments .

[alyo]

Funny Zacs. No I have a UK passport. Money is stored overseas in HK .

[alyo]

hey guys i;m not the scumbag here

[grasscarp]

We only know what you have told us Alyo.
You attacked a stranger's car with a hammer. You have been arrested for criminal damage. You want to lie to the judge about paying. You have said you dont have money - they you dont want to give anything as he doesnt deserve it - now you do have money but it is in HK. Keeps changing.
So dont be surprised when people tell you that they dont really approve.