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little scrote knocked my bike over this morning

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mr-inteligent
Nitrous Nuisance



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PostPosted: 17:08 - 23 May 2011    Post subject: little scrote knocked my bike over this morning Reply with quote

Evil or Very Mad

I parked up today in town like normally, come back half a hour later to find my bike on its side. I manage to lift it on my own and find and a security guard who works at the shopping center comes over to mind the spilt fuel until they get a cleaner, So I asked him about CCTV and he said someone will give me a call later.


Well they just phoned me now to tell me it was a 5 year old child who's mum was stood talking and he jumped on the bike knocking it over, Apparently she does nothing and on-lookers also do nothing neither do the rest of Joe public who walk on by.

I'm have also been told I cant have the footage of the CCTV for data protection. Is there anything I can do? or should I just accept this as shit happens?
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Capt Castle
Scooby Slapper



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PostPosted: 17:12 - 23 May 2011    Post subject: Reply with quote

Could always try the local police. Report it as criminal damage or something. Worth a shot if nothing else.
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MarJay
But it's British!



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PostPosted: 17:15 - 23 May 2011    Post subject: Reply with quote

You're not allowed to have the footage but you should be able to view it I'd have thought...

Anyway, what was the damage like? I think to some extent you need to accept that shit happens. The chances of identifying the woman involved is very very slim even if they do let you view the CCTV. Then, if you DO identify the woman from the CCTV that they randomly DO let you watch, then the chances of you getting anything out of her are slim at best.

That said, I'd still want to go around and 'have a word' because she has to realise she can't allow her child to act like that. Not least because he could have been seriously injured if the bike had fallen on top of him.
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Frost
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PostPosted: 17:25 - 23 May 2011    Post subject: Reply with quote

5 year old weighs 20kg? Bike weighs 200?
So if you're 90kg that'd basically be like a 1 tonn weight falling on you.

I'd shit a brick if a bike fell over anywhere near a 5 year old.
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t101
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PostPosted: 17:34 - 23 May 2011    Post subject: Reply with quote

shit happens. how would you track them down, and what would you do anyway? take a 5 year old to court?
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mr-inteligent
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PostPosted: 17:34 - 23 May 2011    Post subject: Reply with quote

Well They are now saying they will only give the footage to The Police, Insurance or Solicitors. I want to see it for myself, wouldn't you if it was your bike? I would even pay a solicitor just to be middle man.

I will try the police first see if they can get me the tape.


Damage.. The rear break peddle, front break lever, and exhaust took the brunt. plus scratch on tank.

The rear peddle was bent under the frame and locked the break on so I had to call a friend and get his spanners to take the pressure out of the rear break to recover it home.

The bike is a bandit 400 172kg dry.
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Pete.
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PostPosted: 18:21 - 23 May 2011    Post subject: Reply with quote

t101 wrote:
shit happens. how would you track them down, and what would you do anyway? take a 5 year old to court?


Course not, but the parent can be held accountable. Sounds like a lost cause though tbh.
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pinkyfloyd
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PostPosted: 18:23 - 23 May 2011    Post subject: Reply with quote

Welcome to the perils of biking. I've had a bike pushed over by chavs. Local cctv wont release the footage unless the police ask for it. The police wont ask for it as they havent got the manpower. I've had arguments both online with the freedom of information website (Thanks Cansa) and with the police and local council and have just had to accept that theres nothing I can do about it.

I'd recomend you do what I've had to do. Fix it outside of the insurance, its much cheaper, report it to the police and then forget about it until next time.
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kal9001
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PostPosted: 18:49 - 23 May 2011    Post subject: Reply with quote

Quote:
Local cctv wont release the footage unless the police ask for it. The police wont ask for it as they havent got the manpower. I've had arguments both online with the freedom of information website (Thanks Cansa) and with the police and local council and have just had to accept that theres nothing I can do about it.


So basically all these CCTV cameras in shops and stuff are pointless because there arent enough police to deal with it, A situation which is only going to get a lot worse with cuts.
So seemingly in this country now very few people are held accountable for their actions, If she allowed her 5 year old to knock over an expensive motorcycle then why the hell should she be allowed to get away with it.
The fact that a five year old child isnt responsible in my eyes is irrelevant because the mother is responsible for it and everything it does!
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Poseidon
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PostPosted: 18:59 - 23 May 2011    Post subject: Reply with quote

CCTV is indeed protected by the data protection act, but you as an individual can file a "subject access request" to obtain the footage. You have the right to access any and all information about you held by any private company, and video footage comes under this.

They can charge a fee for your subject access request, the limit is £25 but most places will charge about a tenner to cover the staff costs and a video.

I'm not sure if they are only obliged to provide the footage that you appear on in person (so you arriving/leaving) or whether they can provide you with footage of the full duration of your bike being parked there.

And like others have said, not sure what good it would do having the footage... I suppose you could memorise the woman's face and smash her with your lid should you see her again, purely for not controlling her kids, but I fear you may be seen as the bad guy by the boys in blue.
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The Shaggy D.A.
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PostPosted: 19:18 - 23 May 2011    Post subject: Reply with quote

One of the few times an alarm would be useful.
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Polarbear
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PostPosted: 21:36 - 23 May 2011    Post subject: Reply with quote

The Shaggy D.A. wrote:
One of the few times an alarm would be useful.


Good point that Thumbs Up
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whitedevil
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PostPosted: 21:47 - 23 May 2011    Post subject: Reply with quote

At least if you found out who she was you could get a 5yo to punch her in the tits.
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Rogerborg
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PostPosted: 22:47 - 23 May 2011    Post subject: Reply with quote

Data Protection Act 1988 Section 29 makes provision for releasing personal data "for the prevention and detection of crime". There's nothing in the Act itself that limits that access to any particular group of people. Your acquiescence makes it so.

Step 1:
Write to the shopping centre telling them that their negligence in managing their site - including the health and safety of their customers - has resulted in you suffering a loss. Instruct them to provide you with a copy of the footage, citing Section 29. Say that if they obstruct you from pursuing a civil claim against the cockholster then you'll have no choice but to recover your losses from them instead.

Step 2:
Repeat the letter, heading it "LETTER BEFORE ACTION" and ending by saying that you'll file a County Court small claim to recover your losses. Stress that a crime occurred - criminal damage - and there is no bar to them releasing the footage to allow you to attempt to pursue the slag.

Step 3:
File the court action. You can even do it online now. All you have to lose is your filing fee and an hour in front of a Magistrate saying "Ah, go on, go on, go on" - the best result is that they cave and pay you off. Always go after the deep pockets.
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Jim Mc
Nearly there...



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PostPosted: 23:05 - 23 May 2011    Post subject: Reply with quote

Trouble is, if he does go to court, can he do them for loss of earnings too?

I would assume that you have to file all damages in advance, but how can you do this if you don't know how many working hours you stand to lose by attending court?
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koolio
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Joined: 08 Apr 2011
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PostPosted: 00:01 - 24 May 2011    Post subject: Reply with quote

Rogerborg wrote:
Data Protection Act 1988 Section 29 makes provision for releasing personal data "for the prevention and detection of crime". There's nothing in the Act itself that limits that access to any particular group of people. Your acquiescence makes it so.

Step 1:
Write to the shopping centre telling them that their negligence in managing their site - including the health and safety of their customers - has resulted in you suffering a loss. Instruct them to provide you with a copy of the footage, citing Section 29. Say that if they obstruct you from pursuing a civil claim against the cockholster then you'll have no choice but to recover your losses from them instead.

Step 2:
Repeat the letter, heading it "LETTER BEFORE ACTION" and ending by saying that you'll file a County Court small claim to recover your losses. Stress that a crime occurred - criminal damage - and there is no bar to them releasing the footage to allow you to attempt to pursue the slag.

Step 3:
File the court action. You can even do it online now. All you have to lose is your filing fee and an hour in front of a Magistrate saying "Ah, go on, go on, go on" - the best result is that they cave and pay you off. Always go after the deep pockets.


If accurate this is good advice approach wise from Rogerborg, and it does appear to be the correct and right strategy.

I've certainly found that I've won seemingly unwinnable situations against councils and such like when I've clearly been in the right by standing my ground, doing a lot of research, then being aggressive and fighting back.

Don't let them push you around or fob you off and don't fear court remember you are in the right in this situation, just imagine you were a qualified solicitor (and do the reading to back it up). Fight bureaucracy with bureaucracy and paper with paper.

Important: Remember to send all you letters recorded delivery, and keep the receipts, they are you're proof that any party involved has received them.

Wouldn't listen to the naysayers who really most of the time don't have any idea.
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Raffles
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PostPosted: 00:36 - 24 May 2011    Post subject: Reply with quote

Jim Mc wrote:
Trouble is, if he does go to court, can he do them for loss of earnings too?

I would assume that you have to file all damages in advance, but how can you do this if you don't know how many working hours you stand to lose by attending court?

I think that he would only be able to claim for damage caused to his bike. If the court found in his favour he could then ask for his costs to be reimbursed.
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MarJay
But it's British!



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PostPosted: 08:43 - 24 May 2011    Post subject: Reply with quote

koolio wrote:

Wouldn't listen to the naysayers who really most of the time don't have any idea.


Call me old fashioned... but it isn't the fault of the shopping centre is it? Rolling Eyes
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Remember kids, bikes aren't like lego. You can't easily take a part from one bike and then fit it to another.
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Poseidon
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PostPosted: 09:21 - 24 May 2011    Post subject: Reply with quote

MarJay wrote:
Call me old fashioned... but it isn't the fault of the shopping centre is it? Rolling Eyes

Exactly... It this kind claim against businesses with "deep pockets" that keeps the nanny state in full swing.

Lets say mr-inteligent wins the case against the shopping centre. The team of managers have a meeting to decide how to prevent future accidents of this kind happening again, for the safety of their customers (read, they hate giving away money and have now got it in for bikers). They decide that motorbikes are inherently dangerous ,given that 5 year olds can knock them over, so they remove all bike parking privileges from their car park... forcing us to park in amongst the rest of the cars (the hunting ground of the smidsy), or else moving the bike parking to the far end of the car park where no small children (or indeed anyone bar smack-heads) ever go.

From this, the tale of the biker who sued a business owner because of a member of the public damaging a motorbike on their land spreads like a sexually transmitted infection through a council estate, much like the tale of becoming liable for slips trips and falls if you grit your own pavements. Before you know it, every business panics about having motorbikes parked where members of the public can come within 20ft of them and all businesses banish us to the dark dank corners of the car park. This means that our vulnerable bikes are less likely to be covered by CCTV and more likely to become statistics. It also means that we no longer park in that sweet little space just by the door and instead we have to trudge across miles of tarmac.

Lets face it, businesses never pay... It's always the customer that pays. if mr-inteligent wins and their liability insurance goes up, they'll just bump the price up of some of their stuff to cover the costs. These guys don't reach into their deep pockets, they just hang their customers upside down, shake them around and take everything that falls out except the copper.

It's awful that mr-inteligent had his bike damaged by a negligent woman, but his beef is with her, not with the shopping centre.
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Chalky.
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PostPosted: 09:24 - 24 May 2011    Post subject: Reply with quote

It can't have been very secure if a 5 year old managed to knock it over?
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MarJay
But it's British!



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PostPosted: 09:28 - 24 May 2011    Post subject: Reply with quote

Chalky. wrote:
It can't have been very secure if a 5 year old managed to knock it over?


Should the 5 year old have been anywhere near it? No of course not, but that isn't the shopping centre's responsibility is it? Rolling Eyes
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DrDonnyBrago
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PostPosted: 09:28 - 24 May 2011    Post subject: Reply with quote

Chalky. wrote:
It can't have been very secure if a 5 year old managed to knock it over?


How so? Even a chained up bike can be pushed over.


As for blame, the shopping centre's responsibility extends to giving him access to the footage, beyond that it all lies with the mother.


Last edited by DrDonnyBrago on 09:30 - 24 May 2011; edited 1 time in total
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Chalky.
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PostPosted: 09:30 - 24 May 2011    Post subject: Reply with quote

I mean secure on its stand not security wise.

It can't have been very secure on its stand. Just an observation. but of course the chld shouldn't have been there.
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MarJay
But it's British!



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PostPosted: 09:38 - 24 May 2011    Post subject: Reply with quote

Chalky. wrote:
I mean secure on its stand not security wise.

It can't have been very secure on its stand. Just an observation. but of course the chld shouldn't have been there.


If a fat 5 year old climbed on the right hand peg of probably most bikes and hopped up and down a bit, I'm sure it could make the bike fall over. That isn't even taking into account the flip up stands of certain Ducatis and the like.
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Poseidon
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PostPosted: 09:46 - 24 May 2011    Post subject: Reply with quote

DonnyBrago wrote:
As for blame, the shopping centre's responsibility extends to giving him access to the footage, beyond that it all lies with the mother.

This is where the subject access request comes in. They can give him the CCTV footage if he follows the correct procedures.

Taken from here

Quote:
Individual Subject Access under Data Protection Legislation

Under the terms of Data Protection legislation, individual access to personal data, of which that individual is the data subject, must be permitted providing:
The request is made in on the correct form giving correct information
A specified fee is paid for each individual search
The Data Controller is supplied with sufficient information to satisfy him or her self as to the identity of the person making the request
The person making the request provides sufficient and accurate information about the time, date and place to enable the data controller to locate the information, which that person seeks, (it is recognised that a person making a request is unlikely to know the precise time. Under those circumstances, it is suggested that within one hour of accuracy would be a reasonable requirement)
The person making the request provides sufficient and accurate information relevant to the particular search and which contains personal data of him or herself only, unless all other individuals who may be identified from the same information have consented to the disclosure.

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