[bmw-nj]

What would enrage me is comin home and seeing another car in my parking spot..u just dont that..at least not around here[/QUOTE]

Two wrongs don't make a right.

He shouldn't have parked there but they shouldn't have keyed the shit out of his car.

Can't tell how deep the scratches are but touch up paint for the mean time could probably hide it for the most part.

[tibra1]

^ Ok so i will park in someone else's spot and expect no consequences..do you live in the same world i do?

[churchillps]

Originally Posted by nukezero

If you watched enough court tv shows, you already know enough that to prove that they actually did it, you must have proof "beyond all reasonable doubt". Unfortunately, there is quite a considerable amount of doubt here.

Just because they left the note there doesn't mean they scratched/keyed your car and took the registration. Anger is not enough to go on because anybody who is angry that day could have walked by your car.

Since there are no witnesses and no video cameras to record and the area is in plain common public area, anyone could have gone there and destroyed your car. Be it a drunk retard or some punk kid. The question is, how do you prove in a court of a law that he actually did it ??


it's almost like you are walking back to your car after lunch and your car is parked on the corner. Your car is keyed from bumper to bumper and there is ONE guy who just so happens to be walking away around that corner and he is on his way to work. How do you prove he did it , if assuming you didn't see it, there are no witnesses, and there are no video camera?

It's not a criminal case if he's just trying to get them to pay for the damage they caused (a tort). That means no reasonable doubt standard.

[kiwi29]

i would compare their hand writing and figure out who it is and call the cops to print the car, if it was them and they refuse to pay, take them to court then give them some nice karma

[Gator328i]

Originally Posted by nukezero

If you watched enough court tv shows, you already know enough that to prove that they actually did it, you must have proof "beyond all reasonable doubt". Unfortunately, there is quite a considerable amount of doubt here.

Just because they left the note there doesn't mean they scratched/keyed your car and took the registration. Anger is not enough to go on because anybody who is angry that day could have walked by your car.

I'm an attorney and what you're asserting is not correct. The standard you're stating is for a criminal prosecution. The OP wouldn't be suing them in criminal court, but rather civil court where the standard of proof is a "preponderance of the evidence" meaning 51% probability that the accused is responsible for the harm alleged. That's why you see so many settlements in civil cases.

OP, you should have called the police immediately and at the very least filed a report. That could be used in small claims court. If I were you, I'd contact an attorney who specializes in small claims litigation and file suit against the individuals who you believe are responsible for the damage. It's simply too coincidental that that note would appear at the same time as the damage to your vehicle. I'm willing to bet if your friends saw you lawyered up and coming after them they'd start squealing on one another or whoever did it to your car. Most people are totally unprepared for the kind of stress that comes with a litigation experience and will do anything to get out of it if offered an escape route.

[shaizada]

Dude, get the fingerprints analyzed. Get to the bottom of it so that all the facts are clear. Then buy a replacement trunk. At least you can decide if your "friend" is worth keeping as a friend or not. My gut tells me it's one of the two guys, they just didn't know it was your car.

Once facts are clear AND you have decided to stay friends or not, you can sue for damages in small claims. If you want to keep your friends, let it go and move on.

[didyoufeelit]

Originally Posted by Gator328i

I'm an attorney and what you're asserting is not correct. The standard you're stating is for a criminal prosecution. The OP wouldn't be suing them in criminal court, but rather civil court where the standard of proof is a "preponderance of the evidence" meaning 51% probability that the accused is responsible for the harm alleged. That's why you see so many settlements in civil cases.

OP, you should have called the police immediately and at the very least filed a report. That could be used in small claims court. If I were you, I'd contact an attorney who specializes in small claims litigation and file suit against the individuals who you believe are responsible for the damage. It's simply too coincidental that that note would appear at the same time as the damage to your vehicle. I'm willing to bet if your friends saw you lawyered up and coming after them they'd start squealing on one another or whoever did it to your car. Most people are totally unprepared for the kind of stress that comes with a litigation experience and will do anything to get out of it if offered an escape route.

sounds promising, but wouldn't i have to pay for an attorney and would there be a lot of fees for filing a lawsuit?

[Gator328i]

Sure, but if you win the case the defendants will more than likely have to cover your court costs and legal fees. It's a calculated risk you have to weigh.

[didyoufeelit]

Originally Posted by shaizada

Dude, get the fingerprints analyzed. Get to the bottom of it so that all the facts are clear. Then buy a replacement trunk. At least you can decide if your "friend" is worth keeping as a friend or not. My gut tells me it's one of the two guys, they just didn't know it was your car.

Once facts are clear AND you have decided to stay friends or not, you can sue for damages in small claims. If you want to keep your friends, let it go and move on.

i'm afraid the rain from last night washed away the handprints.. i tried looking for them today but i don't see them

[Philz BMW]

these people are not your friends....tell them to fuck off and move on....

dbags

[plokij]

Originally Posted by didyoufeelit

sounds promising, but wouldn't i have to pay for an attorney and would there be a lot of fees for filing a lawsuit?

grumble. are you poor / strapped for cash? then you probably should not be driving a bmw.

look, some dickheads vandalized your car man. you have strong reasons to believe it was your friend's roommates. go to the police and file the report. they can explain some of your options. you know where these guys live. it's easy.

before the court date you should hire a lawyer. don't worry, there are plenty of small-time lawyers who are affordable. it's one court date. it's not a high profile divorce proceeding.

the other way to go is to get the trunk fixed and move on. the best revenge is living well. in all likelihood those guys are feeling bad about pulling that shit and are denying it because they're afraid of the consequences. what goes around comes around.

[Cuba]

go beat his ass and take a tire iron to his car

[shaizada]

Originally Posted by didyoufeelit

i'm afraid the rain from last night washed away the handprints.. i tried looking for them today but i don't see them

Rain won't wash away the prints. They can still get them if you pursued this route.

I've been thinking about it some more (particularly because I was disturbed by the images and the mentality of the person behind it), just use this as an excuse to get a replacement CF trunk. Dump the friends...their txt messages are contradictory.

[spanner1751]

1. The scratches look like they were more likely caused by a brick or concrete block than a key.
2. There have been several instances where people have parked in my assigned slot. Once, I called security and had the car towed, and another time, I talked to security and they let the GF park in a visitor's slot overnight.
3. I never, ever, thought of damaging the parking violator's car. Only a low-life POS scumbag would do that. I would file a police report and let the cards fall where they may. If your "friends" get charged with felonies, too effing bad.

[BTTGMan]

Originally Posted by Gator328i

I'm an attorney and what you're asserting is not correct. The standard you're stating is for a criminal prosecution. The OP wouldn't be suing them in criminal court, but rather civil court where the standard of proof is a "preponderance of the evidence" meaning 51% probability that the accused is responsible for the harm alleged. That's why you see so many settlements in civil cases.

OP, you should have called the police immediately and at the very least filed a report. That could be used in small claims court. If I were you, I'd contact an attorney who specializes in small claims litigation and file suit against the individuals who you believe are responsible for the damage. It's simply too coincidental that that note would appear at the same time as the damage to your vehicle. I'm willing to bet if your friends saw you lawyered up and coming after them they'd start squealing on one another or whoever did it to your car. Most people are totally unprepared for the kind of stress that comes with a litigation experience and will do anything to get out of it if offered an escape route.

I'm a lawyer too and I would never advise him to hire a lawyer for a freaking small claims case. The economics don't make sense. He'll do just fine rePresenting himself. You don't need a freaking lawyer for small claims.

I do agree he's got a goOd case.

[Gravy]

They will get prints more than likely... The sticker was prolly ripped off so you would get a ticket...
Park another car in their spot and watch it from down the road...

[JunkStory]

I thought it was funny, cause obviously they didn't know it was my car. I drove home, got home around 4:30 and went straight to bed. The next morning, around 9-10, I go to my car to put something in my trunk and I find this on top of my trunk:

OP - when you're at home, do you park your car inside a garage or in a public place? If latter, the vandalism could have occurred between 4:30am and the time you woke up.

[Rogue916]

Sucks man... moral of the story don't associate with douchebags.

[tibra1]

No the moral of the story s/b dont park your car where it doesnt belong..if he didnt know the guys who keyed his car thats what we would all be saying...just b/c he happend to know em is irrelevant

[John 070]

That doesn't look keyed at all, it looks like someone put a box on the trunk and probably slid it causing scratches. But whatever the case, nothing can be proven, and it's pretty presumptuous to knowingly take someone's reserved spot and then accuse the person who owns the spot of wrongdoing. Then to continue to accuse people after they deny it, when you don't really know what happened. Sorry, but that's a s***** attitude to have.

Reminds me of this crazy neighbor I once had--her garage door was wide open overnight, and she said my dog caused that. I had no f'in clue wtf that was supposed to mean, my dog caused her door to be left open? Another time she accused my dog of peeing on her bushes. I asked her why my dog, why not someone else's? She said she has paw prints to prove it was mine and would call the police. I mean if I were in college, and being accused of things I know I didn't do? I'd pound the person accusing me. We can't do that anymore as adults be cause we have assets. But people who accuse when they don't know deserve what they get.

[plokij]

Originally Posted by Rogue916

Sucks man... moral of the story don't associate with douchebags.

i'm starting to think the moral of the story is don't park your car where you're not supposed to, and then go rip bong hits and drink beers, and then selfishly pass out, while other people are expecting to have parking for the place they pay to live at after a long night at work in the food & bev business, and then whines about legal fees and repair costs and "oh man this is such a task to go to the cops and get a lawyer" when someone gets frustrated and scratches the paint on your car.

it's a good moral.

[Rogue916]

Originally Posted by plokij

i'm starting to think the moral of the story is don't park your car where you're not supposed to, and then go rip bong hits and drink beers, and then selfishly pass out, while other people are expecting to have parking for the place they pay to live at after a long night at work in the food & bev business, and then whines about legal fees and repair costs and "oh man this is such a task to go to the cops and get a lawyer" when someone gets frustrated and scratches the paint on your car.

it's a good moral.

Of course, but not everyone would go about proving their point through juvenile acts of vandalism. A simple police call would have done the trick. OP should have been more careful about parking, but what these dbags did was excessive.