Constable must pay for van damage
Monday 13th April 2009, 2:30PM BST.
Steve Ogier with parts of his damaged van after the incident in June. (Picture by Tom Tardif, 0647960)
PARISH officials can be sued in an individual capacity, the Petty Debts Court has ruled.
Castel constable Barry Paint was told he must pay £200 for the damage caused to Steve Ogier’s van when he supervised moving it by tractor in the car park next to Checkers Xpress, Cobo, in June.
His advocate, Mark Dunster, said Deputy Paint was prepared to pay that amount.
But Mr Ogier said that would not cover his costs and he will consider his position during a seven-day period ordered by assistant-Magistrate Cherry McMillen.
She said that if both wished to follow her advice they could do so and the matter would be withdrawn.
But if either or both chose not to, she would make a formal judgement and an appeal could be made to the Royal Court.
The groundbreaking case is back in court again on Wednesday.
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I agree that Steve Ogier should not have to pay the damage himself but If Barry Paint was actin as a Parish Official at the time of the damage being caused then the Parish should pay.
If one of my staff damage a customers property while working for me i cant see me getting very far trying to take the damage out of there wages.
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I suspect there are good and bad points about this ruling maybe it keeps those in power a little more responsible for their actions. However it could also dissuade them from making decisions.
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Van isn’t worth £200!!!!
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Let’s face it – the van isn’t even worth £50. It is in such poor condition (albeit slightly worse than before it was moved) perhaps Mr Ogier should have expected it to be assumed to have been abandoned.
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one wonders what the in excess of £200.00 costs that Mr Ogier is talking about? Hopefully it is parking fines?
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Given the number of abandoned vehicles in that car park, I hope that the Constables continue to shift them despite this ruling.
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NO ONE IS ABOVE THE LAW !!!
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