Those STICKY (hard to remove) window stickers

[Zamzara]

Criminal Damage - The Consequences And The Law

 

Any damage to, or destruction of, property by vandalism, graffiti or arson is likely to be a criminal offence under the Criminal Damage Act 1971.

 

The damage does not have to be permanent, it could for example be caused by graffiti with a washable paint. But when deciding on the sentence for an offence, the court will take into account the value of the damaged property and the trouble and expense of restoring the property or removing the graffiti.

The CPS : Damage to Property

 

Damage is not defined by the Act. The courts have construed the term liberally. Damage is not limited to permanent damage, so smearing mud on the walls of a police cell may be criminal damage. What constitutes damage is a matter of fact and degree and it is for the court, using its common sense, to decide whether what occurred is damage .

The damage need not be visible or tangible if it affects the value or performance of the property.

[GlasweJen]

I've read both the links and it's a very flimsy argument especially when you take "lawful excuse" into consideration.

 

Basically the university have found a car on their private property, they fix a notice to the window to inform the driver that the car is parked on university property and the notice is very sticky as it's Edinburgh in Scotland where there is a lot of wind and even more rain. The university could (and probably would if it ever got to court) argue that if the driver wanted to avoid the big sticker which incidentally causes no damage to the vehicle and has instructions how to drive safely while the sticker is attached then they should park in a parking space like everyone else on the planet and not use up spaces for people who have already obtained permission to use that land, especially where permits are only granted to disabled staff and students.

[Bernie_the_Bolt]

I've read both the links and it's a very flimsy argument especially when you take "lawful excuse" into consideration.

 

I think it could be perfectly well argued that anyone who, when purporting to lawfully affix a notice to a vehicle, uses a greater amount of permanence than used by the police when affixing a FPN may well be called to account.

 

The theory is different to the practice though and I just cannot see the police giving a flying ****.

[GlasweJen]

They don't Bernie, we've already had this out with the local copper who says that it's more illegal to park in someone elses property than it is to use stickers which I find interesting as there is no such thing as trespassing in Scotland from what I'm told.

[Zamzara]

The law is clear, and there is no principle of two wrongs making a right.

 

The police, however, are notorious for refusing to get involved in unfamiliar areas for them, even when there is clear criminal behaviour. I know people who have been told it was a civil matter after being mugged.

[MDSCUSTOMS]

Parking on Private land is not an offence (Yet) although I do believe this may be about to change with new legislation coming in. However, at the moment it is an inconvenience which amounts to no more than Civil trespass and that is NOT a criminal offence. The offended party could have your vehicle towed away in the same way you could be ejected from private land as a trespasser (ie..using reasonable force if need be)

 

Those difficult to remove stickers though are a different matter - Placing them on a vehicle amounts to an offence of criminal damage as it is defacing the property in question and is rendering it less useful. Given that these are usually placed in a conspicuous place either on the drivers side or the passenger side of the screen, then that is obscuring that part of the screen for normal vision. Causing damage to a vehicle just because it is "illegally" parked is not reasonable cause or justifiable in this case.

 

The other factor to take into account - any defect in vision over 40 mm in size on either the main drivers side of the screen or passenger side (Zones A & B) will also cost you your MOT Test as a failure.(Check the MOT regs online for this) Most of these stickers are way over that size and usually stuck in those very zones !! If you end up damaging your screen trying to remove them then it is going to cost you. (You could also potentially be prosecuted for a defective windscreen although I don't know of any such cases, but the law does exist)

 

I have challenged one caretaker at a local college when he was about to put one of these stickers on a car - when I told him he could be arrested for it he thought twice and decided not to bother. That was a few years ago but it seems they are still doing the same now - Wonder how long before someone actually challenges them again.

 

You will notice Police and Council parking enforcement agencies do not use such stickers - the above is the reason why.

Edited October 25, 2012 by MDSCUSTOMS

[Conniff]

The MoD police used one on my car in Scotland a few years ago and I billed them for removal. They were reluctant to pay at first until they received my threat of court for criminal damage.

[MDSCUSTOMS]

The MoD police used one on my car in Scotland a few years ago and I billed them for removal. They were reluctant to pay at first until they received my threat of court for criminal damage.

 

The difference with the MOD Police is that they are not one of the usual Civil UK police forces - they are Ministry of Defence Police so are in effect the Military - They could have just blown your car up with no come backs if it was parked in the wrong area, You only got a sticker !! They carry a bit more clout when it comes to parking in sensitive areas. At least you got your matter resolved.

Edited October 26, 2012 by MDSCUSTOMS

[ScarletPimpernel]

The difference with the MOD Police is that they are not one of the usual Civil UK police forces - they are Ministry of Defence Police so are in effect the Military - They could have just blown your car up with no come backs if it was parked in the wrong area, You only got a sticker !! They carry a bit more clout when it comes to parking in sensitive areas. At least you got your matter resolved.

 

Incorrect.

 

The MDP are a civilian police force like any other, and are quite distinct from Service police (RNP, RMP and RAFP).

[steveod]

It's criminal damage, unless they can be removed effortlessly.

 

Well, if I took an advertising sticker that wasvery hard to remove, and stuck it to the driver window of all the police cars parked outside my local police station in the public parking area, wonder what I would get done for? criminal damage no doubt. so whats the difference?

[crem]

It is an offence to place stickers of any kind on the windscreen as this makes the car undrivable in a safe manner. If they place stickers on the window, it should be on the driver's or passenger's side window as these can easily be wound down to allow the car to drive safely.