i30 Owners Club

Blue is not a lucky colour for me

0 Members and 1 Guest are viewing this topic.

Offline beerman

  • V.I.P
  • *
    • Posts: 4,596

    • au Australia
Intent is a state of mind and can only be proven by the facts.

To get a successful prosecution, you need to go beyond reasonable doubt. I don't believe that an 'accident' could not be excluded as such a prosecution would more than likley fail, had a camera caught his actions whilst doing the act, this might have provided a different outcome.

Insurance should be able to get the vehicles owner via a FOI on transport.  https://www.transport.wa.gov.au/aboutus/freedom-of-information.asp they can then send him a letter of demand, given the time frame, and I assume the camera footage it could be concluded that no other person approached the vehicle. Though there may be an argument about the damage, when/how it occurred.

As an aside it may be worth looking at your states traffic act for the definition of an accident. It might be that if it was an 'accident' that he was obligated to provide details which he has failed to do.
  • A woman drove me to drink and I didn't even have the decency to thank her..


Offline Crustycottage

  • 4th Gear
  • *
    • Posts: 372

    • au Australia
      Australia, Perth
Intent is a state of mind and can only be proven by the facts.

To get a successful prosecution, you need to go beyond reasonable doubt. I don't believe that an 'accident' could not be excluded as such a prosecution would more than likley fail, had a camera caught his actions whilst doing the act, this might have provided a different outcome.

Insurance should be able to get the vehicles owner via a FOI on transport.  https://www.transport.wa.gov.au/aboutus/freedom-of-information.asp they can then send him a letter of demand, given the time frame, and I assume the camera footage it could be concluded that no other person approached the vehicle. Though there may be an argument about the damage, when/how it occurred.

As an aside it may be worth looking at your states traffic act for the definition of an accident. It might be that if it was an 'accident' that he was obligated to provide details which he has failed to do.

I will look into it further Beerman. Thanks. may upload dashcam footage too.
  • 2017 PD SR 5 Door Hatch, Petrol 1.6lt Auto, Blue


Offline mickd

  • V.I.P
  • *
    • Posts: 4,301

    • au Australia
      Tura Beach ( Deep Deep South Coast) NSW
Very disappointing for you re Police timeframe and the utter pi$$weak Youi  insurance comment. I realise that a few grand is SFA to all of them and there is no economic benefit in chasing that amount given legal costs.
Loyalty only goes so far,  I'd be changing companies just as a matter of principle.
 :fuckyou: to Youi    :D
  • 4/18 Kona H/lndr 1.6T 7dct & 2/18 DM5 Santa Fe H/lndr 2.2 6sp (9/16 Active X)


Offline Crustycottage

  • 4th Gear
  • *
    • Posts: 372

    • au Australia
      Australia, Perth
Well guys and girls this is the dash cam footage I am allowed to show of the suspect. You need to turn up sound to hear the accidental scratching  :whistler:

Front dash camera :link: 20190301 163640 PF - Sendvid
rear dash camera :link: 20190301 163640 PR - Sendvid
  • 2017 PD SR 5 Door Hatch, Petrol 1.6lt Auto, Blue


Offline Dazzler

  • Admin
  • *
  • Laughter is the best medicine...
    • Posts: 67,423

    • au Australia
      Devonport Tasmania

  • Best Car Forum on the Net
Well guys and girls this is the dash cam footage I am allowed to show of the suspect. You need to turn up sound to hear the accidental scratching  :whistler:

Front dash camera :link: 20190301 163640 PF - Sendvid
rear dash camera :link: 20190301 163640 PR - Sendvid

 :crazy1: Why did they target your car? There sure are some horrible people out there!

All the stress and inconvenience he's caused you!  :fum: :fum: :fum: :evil:
  • 2021 MG PHEV ( had 4 x i30 plus a Getz an Elantra and a Tucson)


Offline Crustycottage

  • 4th Gear
  • *
    • Posts: 372

    • au Australia
      Australia, Perth
Why did they target your car? There sure are some horrible people out there!

Not sure Dazz, Suspect came up behind me in central lane as I waited for a lady to pull out of a T junction, so waited as I wasn't sure if she was turning left or right. Suspect followed me then for about 1km down the road drove at 51kmh before turning into Coles car park. What may have pissed him off is me entering the car park through exit which was faded and conspicuous on the ground, and I have never been there before.
  • 2017 PD SR 5 Door Hatch, Petrol 1.6lt Auto, Blue


Offline Dazzler

  • Admin
  • *
  • Laughter is the best medicine...
    • Posts: 67,423

    • au Australia
      Devonport Tasmania

  • Best Car Forum on the Net
Why did they target your car? There sure are some horrible people out there!

Not sure Dazz, Suspect came up behind me in central lane as I waited for a lady to pull out of a T junction, so waited as I wasn't sure if she was turning left or right. Suspect followed me then for about 1km down the road drove at 51kmh before turning into Coles car park. What may have pissed him off is me entering the car park through exit which was faded and conspicuous on the ground, and I have never been there before.

Yes, I thought it might have been a targeted attack. Doesn't take much from some people.  :disapp: :blubber:
  • 2021 MG PHEV ( had 4 x i30 plus a Getz an Elantra and a Tucson)


Offline Blazorax

  • 4th Gear
  • *
    • Posts: 454

    • au Australia
      Sydney
Ouch, I feel for you mate.  I dont understand why people do such a thing. 
  • 2018 PD2 5 Door Hatch, Petrol 1.6T, DCT, White, I30 SR Premium


Offline Dazzler

  • Admin
  • *
  • Laughter is the best medicine...
    • Posts: 67,423

    • au Australia
      Devonport Tasmania

  • Best Car Forum on the Net
Ouch, I feel for you mate.  I dont understand why people do such a thing.

You've been quiet Thanh - Nice to see you on!  :goodjob:
  • 2021 MG PHEV ( had 4 x i30 plus a Getz an Elantra and a Tucson)


Unread Posts

 


SimplePortal 2.3.5 © 2008-2012, SimplePortal