coyoteboy
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| posted on 17/12/12 at 01:24 PM |
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It may not be vandalism/criminal damage, but if you lift the wiper to place the note you're tampering with a motor vehicle which is an offence.
FWIW I had a chap scrawl all over my white car in black marker (completely unreasonable given the circumstances) - if I hadn't been in a rush
and rather more worried about the safety of a bunch of kids I was supervising I'd have stopped and called the police.
quote:
If, while a motor vehicle is on a road or on a parking place provided by a local authority, a person—
(a)gets on to the vehicle, or
(b)tampers with the brake or other part of its mechanism,
without lawful authority or reasonable cause he is guilty of an offence.
Got to be parked on a road or LA car park though lol.
[Edited on 17/12/12 by coyoteboy]
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chillis
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| posted on 17/12/12 at 03:56 PM |
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Posting a flyer under your wiper blade could not be considered damage of any kind though it might be annoying.
Likewise if in posting the flyer, the wiper blade broke then this would at most be accidental damage, as the person posting the flyer had not intended
to cause damage - Vandalism would be the result of an intent to cause damage.
If your wiper blade was damaged by the posting of a flyer then defence of the accused would likely, be your wiper was faulty and you were thus driving
a car with a defect which is an offence
Vandalism/criminal damage, is damage caused with intent, so the perpetraitor has to be shown to have deliberately caused damage to your property ie
running a key down the side of your car, not something that could have been caused by accident.
Never under estimate the ingenuity of an idiot!
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coyoteboy
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| posted on 17/12/12 at 06:22 PM |
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Indeed, but it would be "tampering", which is an offence as listed above.
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scootz
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| posted on 17/12/12 at 06:49 PM |
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quote:
Originally posted by coyoteboy
... tampers with the brake or other part of its mechanism...
My understanding of that is it just relates to the braking system.
It's Evolution Baby!
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chillis
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| posted on 17/12/12 at 07:50 PM |
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Tampering is considered to be interfering with the way in which something works such as loosening a wheel nut. It would have to be a deliberate action
that has altered the vehicle in some way for a court to accept 'tampering' just lifting the wiper arm to place a flyer under it would not
constitute tampering since no alteration of the car has taken place.
Likewise even if the wiper failed during the lifting to place the flyer I doubt criminal damage would be accepted especially if the defendant could
show they had succsessfully place many flyers this way without causing damage. More likely would be considered your wiper was faulty.
The OP wanted to know if it could be considered vandalism. It would not be since the placing of flyers, however annoying, is not done with the intent
to cause damage.
It is accepted practise for trafic wardens to post parking tickets this way so I doubt it would be considered vandalism/criminal damage or tampering
[Edited on 17/12/12 by chillis]
[Edited on 17/12/12 by chillis]
[Edited on 17/12/12 by chillis]
Never under estimate the ingenuity of an idiot!
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coyoteboy
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| posted on 17/12/12 at 10:59 PM |
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quote:
My understanding of that is it just relates to the braking system.
Nope, it's just that that was the primary reason for the initial legislation, it's not limited to brake systems. "or other part of
it's mechanism" - i.e. the cars mechanism, not the brakes mechanism as that's considered part of the brake.
I suppose you'd have to see if it went to court but since it can include just climbing onto/into a car (which doesn't necessarily damage
it, move it, alter it etc) I can't see how you make that leap.
As I said in the first place, it's not vandalism or criminal damage.
quote:
It is accepted practise for trafic wardens to post parking tickets this way so I doubt it would be considered vandalism/criminal damage or
tampering
Not any of the ones I've been had by, they've always stuck them on above the wiper. However, they are people authorised to do so, the
general public are not.
[Edited on 17/12/12 by coyoteboy]
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chillis
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| posted on 17/12/12 at 11:25 PM |
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This is getting a little off topic!
Vandalism/criminal damage is intent to cause damage. I doubt there is a court in the land that would consider the placing of a flyer on your car
intent to cause damage.
Climbing in or on your car could very well be considered damage with intent regardless of whether any damage is actually caused and is therefore
somewhat different.
Never under estimate the ingenuity of an idiot!
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coyoteboy
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| posted on 18/12/12 at 12:12 AM |
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DEAR GOD I NEVER SAID IT WAS VANDALISM.
(FWIW despite my comments, the only reason I find people putting notes under my wipers irritating is because they often blow off and litter the entire
area, which is an offence too).
[Edited on 18/12/12 by coyoteboy]
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