Is it criminal damage when a football accidentally hits a car?
I live on an estate and the kids play football outside on a small green, the people whose houses surround it are happy for this to continue but a woman in a 2nd floor flat which is nothing to do with the green has called the police who sent a PCSO around because she says the ball is damaging her car. The car is parked directly opposite the green and truthfully sometimes the ball does get away and the car can be hit but it is never deliberate and the car has no marks on it from this. My question is the summer hols are coming up and the kids can't play outside anymore because we've all been threatened with a criminal damage case and the woman has put up webcams to gain evidence so she can pursue this further. Is there any way we can contest this because there really is no where else for the kids to go safely. By the way there is plenty of other places the car could be parked but she refuses to move either of her vehicles.
I'm in Uk so British law please
Thanks for answers so far. It sn't possible to move the game theres no where else for it to go that is the problem. We can't put up fences as it is not our property it belongs to the council who have no objections to ball games there.
Yes it would be nice if things could be sorted out amicably but in this instance I don't think that is going to happen as she hangs out of her window screaming and swearing at the kids as soon as she hears a child there of any age. A little girl of 3 refuses to walk anywhere near her house because she threatened to hit her because she was walking past the car with her brother on the way home.
- Stu147Lv 61 decade agoFavourite answer
This really is a matter for the local council rather than for the police, unless a crime is being committed which, in my opinion, it is not. If there are no council restrictions that prevent the playing of ball games on the green then there is nothing preventing the kids from doing so. If they are causing some kind of disturbance to the public then there could be police or council intervention, but I can't see how they are doing so. They do need to take care not to hit cars, it is not acceptable for the ball to do so on any occasion. If it can't be prevented then there is a case to suggest that the behaviour is antisocial in some way. That being said, I can't see how criminal damage could be proved unless there was clear evidence of intent. Accidental damage maybe, and that would likely have to be pursued as a civil case, not a criminal one.
This woman is trying to protect her property which is her right, but I get the feeling that she is being a little inflexible here. If the kids playing football gives them a place to expend their energies, and they are not otherwise causing trouble, then it is in everyones' interests to let them continue. Perhaps some kind of compromise can be found, whether that be a a barrier of sorts to protect the cars, or if the kids can just take extra care to keep the ball from going out of control on the basis that they, or their parents, will take full responsibility for any damage caused.
Neighbourly disputes should be sorted out through tolerance and compromise. It's sad when the police have to be dragged in.
- Anonymous5 years ago
The owner of the car could beat the crap out of you and yell at you depending on the damages and has the right to NOT accept your apology. It may not be a crime but it is lack of care. If you damage the car no matter how much of an accident it was, you must pay for the damages otherwise the owner can send you to court. Damaging and breaking other people's properties (OPP) is the last thing I would ever want. I would be furious if someone breaks something that I own, especially if it is expensive.
- 1 decade ago
No it is not considered to be criminal damage but civil damage to any property that will get hit by any object, even by mistake, if the property is damaged.If the person can prove the object that struck her auto was thrown by a person and owned by the person. She has a right to complain, i would. people that is playing around other people property should have some common courtesy when around other property that is not there's. If you want people to respect you, than you should respect them or their property.
- What do you think of the answers? You can sign in to give your opinion on the answer.
- ?Lv 51 decade ago
not in the u.s.
the criminal charge is trespassing possibly.
the civil damages is replacement/fix it fee plus some burden/damage money for "accidentally" damaging someone's property even if one could "forsee" this outcome. The foresight is where the negligence comes in.
- Love.CanadaLv 71 decade ago
then move the game
or put up a screen to protect the car (you could call it a goal)