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| mr-inteligent |
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 mr-inteligent Nitrous Nuisance
Joined: 04 Nov 2008 Karma :    
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 Posted: 17:08 - 23 May 2011 Post subject: little scrote knocked my bike over this morning |
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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 |
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 Capt Castle Scooby Slapper

Joined: 12 Jun 2008 Karma :     
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| MarJay |
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 MarJay But it's British!

Joined: 15 Sep 2003 Karma :     
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| Frost |
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 Frost World Chat Champion

Joined: 26 May 2004 Karma :  
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| t101 |
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 t101 Nitrous Nuisance

Joined: 28 Jul 2007 Karma :     
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| mr-inteligent |
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 mr-inteligent Nitrous Nuisance
Joined: 04 Nov 2008 Karma :    
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| Pete. |
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 Pete. Super Spammer

Joined: 22 Aug 2006 Karma :     
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| pinkyfloyd |
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 pinkyfloyd Super Spammer

Joined: 20 Jul 2010 Karma :   
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| kal9001 |
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 kal9001 Trackday Trickster
Joined: 15 Aug 2005 Karma :  
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| Poseidon |
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 Poseidon World Chat Champion

Joined: 15 Aug 2008 Karma :   
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| The Shaggy D.A. |
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 The Shaggy D.A. Super Spammer

Joined: 12 Sep 2008 Karma :  
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 Posted: 19:18 - 23 May 2011 Post subject: |
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One of the few times an alarm would be useful. ____________________ Chances are quite high you are not in my Monkeysphere, and I don't care about you. Don't take it personally.
Currently : Royal Enfield 350 Meteor
Previously : CB100N > CB250RS > XJ900F > GT550 > GPZ750R/1000RX > AJS M16 > R100RT > Bullet 500 > CB500 > LS650P > Bullet Electra X & YBR125 > Bullet 350 "Superstar" & YBR125 Custom > Royal Enfield Classic 500 Despatch Limited Edition (28 of 200) & CB Two-Fifty Nighthawk > ER5 |
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| Polarbear |
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 Polarbear Super Spammer

Joined: 24 Feb 2007 Karma :  
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| whitedevil |
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 whitedevil World Chat Champion

Joined: 28 Nov 2010 Karma :   
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 22:47 - 23 May 2011 Post subject: |
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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. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| Jim Mc |
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 Jim Mc Nearly there...
Joined: 28 Dec 2010 Karma :  
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| koolio |
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 koolio Spanner Monkey
Joined: 08 Apr 2011 Karma :   
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 Posted: 00:01 - 24 May 2011 Post subject: |
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| 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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 Raffles World Chat Champion
Joined: 14 Apr 2009 Karma :   
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| MarJay |
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 MarJay But it's British!

Joined: 15 Sep 2003 Karma :     
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| Poseidon |
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 Poseidon World Chat Champion

Joined: 15 Aug 2008 Karma :   
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 Posted: 09:21 - 24 May 2011 Post subject: |
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| MarJay wrote: | Call me old fashioned... but it isn't the fault of the shopping centre is it?  |
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. ____________________ 1977 Honda CG125
2002 Ducati Monster S4 (currently restoring) |
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| Chalky. |
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 Chalky. World Chat Champion
Joined: 30 Jun 2010 Karma :  
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| MarJay |
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 MarJay But it's British!

Joined: 15 Sep 2003 Karma :     
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| DrDonnyBrago |
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 DrDonnyBrago World Chat Champion

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| Chalky. |
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 Chalky. World Chat Champion
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| MarJay |
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 MarJay But it's British!

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| Poseidon |
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 Poseidon World Chat Champion

Joined: 15 Aug 2008 Karma :   
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 Posted: 09:46 - 24 May 2011 Post subject: |
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| 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. |
____________________ 1977 Honda CG125
2002 Ducati Monster S4 (currently restoring) |
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Old Thread Alert!
The last post was made 15 years, 47 days ago. Instead of replying here, would creating a new thread be more useful? |
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