Is it only criminal damage if it was intentional?

[eggyminniewhingesagain]

Neighbour problem essentially. My neighnour had a fire/slash BBQ on my property, without my knowledge, fire brigade were called by another neighbour - they put it out.

They have left a huge mess - loads litter/soot stained concrete etc.

I don't want it to turn into something hideous. But I have been round, asked her to make sure the mess is cleaned up, and gently reminded her that the area is actually part of my property.

It is still a shit tip.

Not sure what to do next.

Get a quote round from a professional company to clean up, then issue proceedings in the small claims court for damages for trespass. Don't know if you can apply for an injunction in the small claims. Suspect not. Check your household insurance policy for legal cover.

There will be no point taking them to small claims, as I know they are skint.

I might end up with a court ordered £5 a month maybe. That is what I suspected may be the answer though

Will check on the legal cover, as I can't remember! Thanks.

I believe it is criminal damage if the person damaged your property by behaving in a 'reckless' manner - which it would appear your neighbour did. By the letter of the law it is criminal damage. Whether the police and the CPS would bring a case is doubtful because of the minor nature and if they did and found in your favour they would make the neighbour repay according to their means.....£5 a month !!! [bugrin]