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Was this farmer in the right?

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Tony Stephenson is off-line
23 January 2013 19:08
tonycsm
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East Yorkshire
Driffield

Ok the young guy who's car had damaged the farmer's fence after it slid off the road in the recent snow should have contacted the farmer to inform him what had happened, particularly if there was livestock in the field but the farmer's actions seem a bit over the top to me!

What do you think? Criminal damage or within his rights?

Angry farmer rips open car that skidded into his ditch with a forklift... and hands shocked driver £250 bill for damaging his fence! | Mail Online
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Missie is off-line
23 January 2013 19:12
Missie0290
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Oh dear.

And the old bloke at our yard thought the yard owner was being unreasonable for dumping a digger tray full of horse Missie0290 is a naughty person on his car when he refused to move it.
"[Toni] has a short fuse when it comes to stupidity"


Ratana Rose is off-line
23 January 2013 19:24
RattusRock
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a farmer once wrote off my dads crashed car but i think he was trying to help lol, my dad rolled his 4x4 off a cliff (it was a one car wide road and he swerved to avoid a speeding car with 2 young kids in the back) the car was dented but fine, however it landed upside down so my dad walked to the farm house to ask for help (back before mobiles) and the farmer cam up with his tractor to try and right the car but actually smashed the windows and crushed it which wrote it off instead


Steven Jardine is off-linePlatinum Member
24 January 2013 02:28
RedChecker
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RedChecker
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Buckinghamshire
Stoke Mandeville

Regardless of what the lad did to his fence, the farmer has no right to vandalise his car.

If the farmer was going to take responsibility for the lifting of the car he should also have undertook a duty of care to do so without causing unnecessary further damage - sticking one of the forklift forks through the middle roof isn't what I'd call careful, more like bloody-mindedness/revenge.

Furthermore his comments about how he'd have treated it differently if it was a Bentley shows his arrogance in the matter that he could get away with it with this young lad (who probably cannot afford to go through the courts).
When you are dead, you do not know that you are dead. All of your pain is felt by others. The same thing happens when you are stupid.


nikonuser is off-lineSilver Member
24 January 2013 02:34
nikonuser
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Rugby & Middlesbrough...I Commute!

Well the highways agency recently went to the rescue of an elderly driver who skidded off a road that had not been gritted, he skidded into a road sign post and damaged his car, a week after they helped him the highways agency sent him a bill for over £1,000 for replacing the damaged sign post - it's the way of the world these days, any excuse to get you to cough up.
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24 January 2013 02:37
Socialdisaster
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Farmer should've left a blue face and moved on.
Modesty is just arrogance in stealth mode


Steven Jardine is off-linePlatinum Member
24 January 2013 02:38
RedChecker
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Stoke Mandeville

If I was that young lad I wouldn't be curious in the slightest as to what could happen if bags of sugar were accidentally dropped into the farmer's red diesel tank.
When you are dead, you do not know that you are dead. All of your pain is felt by others. The same thing happens when you are stupid.


Tony Stephenson is off-line
24 January 2013 03:52
tonycsm
Photographer
tonycsm
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United Kingdom
East Yorkshire
Driffield

Quote from RedChecker
Regardless of what the lad did to his fence, the farmer has no right to vandalise his car. If the farmer was going to take responsibility for the lifting of the car he should also have undertook a duty of care to do so without causing unnecessary further damage - sticking one of the forklift forks through the middle roof isn't what I'd call careful, more like bloody-mindedness/revenge. Furthermore his comments about how he'd have treated it differently if it was a Bentley shows his arrogance in the matter that he could get away with it with this young lad (who probably cannot afford to go through the courts).




+1
Presumably the lad would be insured so his insurers are not going to pay out for a write-off lying down - the lad might also have an extra legal insurance which covers uninsured losses so the farmer might just not get away with it and come out the loser if it gets to court, which I suspect it will if the insurers get their way.

You're right about having a duty of care when allegedly removing the entire car from the field ( was it completely or only partially in the field?) - the farmer should have contacted the police so that they could inform the lad that the farmer was intending to remove it with a fork-lift and the farmer would have to be retarded not to appreciate that the car wasn't abandoned or that sticking the tines of a fork-lift  through the windows and roof is not going to cause further and excessive damage.
The youing lad should have made more attempt to inform the farmer of what had happened but the farmer clearly didn't behave in a reasonable manner.

As for the farmer's argument that his livestock could have escaped - presumably those photos were taken later and that the fence is still clearly un-repaired so why hadn't the farmer repaired it, if it was so urgent?

It would be interesting to get the opinions of the members of the constabulary who frequent these forums as to whether it was a civil or crtiminal matter.
 

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Steven Jardine is off-linePlatinum Member
24 January 2013 04:03
RedChecker
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Stoke Mandeville

Quote from tonycsm
The youing lad should have made more attempt to inform the farmer of what had happened but the farmer clearly didn't behave in a reasonable manner.




It doesn't seem to say when the accident occured (other than it was dark) - if it was extremely late (say 1 or 2 AM) I think it was reasonable for the lad to leave it until the next day.
When you are dead, you do not know that you are dead. All of your pain is felt by others. The same thing happens when you are stupid.


Tony Stephenson is off-line
24 January 2013 04:34
tonycsm
Photographer
tonycsm
Location
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East Yorkshire
Driffield

Quote from RedChecker
It doesn't seem to say when the accident occured (other than it was dark) - if it was extremely late (say 1 or 2 AM) I think it was reasonable for the lad to leave it until the next day.



True but it gets dark by 4.30pm so we can't be sure about what time it happened  - however, in fairness the lad should have reported it to the police so that they could find out who the farmer was, particularly if livestock were involved but the farmer's actions gives an indication of the type of person he is!

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