Was this farmer in the right?

Was this farmer in the right?

35 posts
23 Jan 2013
tonycsm
Photographer
tonycsm
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
Posted 24 Jan 2013
Oh dear.

And the old bloke at our yard thought the yard owner was being unreasonable for dumping a digger tray full of horse shit on his car when he refused to move it.


Posted 24 Jan 2013
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
Posted 24 Jan 2013
RedChecker
Photographer
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).
Posted 24 Jan 2013
nikonuser
Photographer
nikonuser
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.

Posted 24 Jan 2013
Socialdisaster
Photographer
Socialdisaster
Farmer should've left a blue face and moved on.

Posted 24 Jan 2013
RedChecker
Photographer
RedChecker
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.

Posted 24 Jan 2013
tonycsm
Photographer
tonycsm
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.
 

Posted 24 Jan 2013
RedChecker
Photographer
RedChecker
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.
Posted 24 Jan 2013
tonycsm
Photographer
tonycsm
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!

Posted 24 Jan 2013
Edited by tonycsm 24 Jan 2013
skymouse
Photographer
skymouse
This could be a bit of a "YMMV" thing, but when I've found people's vehicles on my land, even if they're causing an obstruction or damage of some kind, I've been advised that it's not lawful for me to interfere with the vehicle. As I understand it, clear and visible warning signs, a PCN, and a payment are a better bet, even if the trespass causes greater losses than will be recovered from the payment of the PCN ticket.

Sounds in any case as if the driver in this instance was just unlucky, and the farmer excessively vindictive.
Posted 24 Jan 2013
Edited by skymouse 24 Jan 2013
RedChecker
Photographer
RedChecker
tonycsm

 the farmer's actions gives an indication of the type of person he is!



Having come from a private school background where the majority of the kids were from farming families, to me he seems typical of their general behaviour/attitude.
Posted 24 Jan 2013
When my other half skidded off the road into a tree a few years back (police later confirmed a diesel spill on the road) and had to be cut out and airlifted to hospital, a farmer came over with two huge, snarly guard dogs to complain to the paramedics that the helicopter was scaring his sheep...

Posted 24 Jan 2013
Sdeve
Photographer
Sdeve
Seems to me to be a straightforward case of criminal damage by the farmer. OK, the lad should have reported it to the police as seen as possible,as the law requires, but not doing so doesn't excuse the farmer. Basically, it sounds like another case of bone idle police. If it had been a police car the farmer wouldn't have stood a chance.

Posted 24 Jan 2013
Sdeve
Photographer
Sdeve
skymouse
This could be a bit of a "YMMV" thing, but when I've found people's vehicles on my land, even if they're causing an obstruction or damage of some kind, I've been advised that it's not lawful for me to interfere with the vehicle. As I understand it, clear and visible warning signs, a PCN, and a payment are a better bet, even if the trespass causes greater losses than will be recovered from the payment of the PCN ticket.
Whoever advised you of this was talking rubbish, especially if it's causing an obstruction. You just need to take reasonable care. BTW, what is a "YMMV"?
Posted 24 Jan 2013
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