Car hit, other driver drove off

wmpdd3

Also you'd have to replace all baby seats inn the car, you just wodnt be able to trust them! The shopping center wont give the copy to the op, but they will gve it to the cops.

gizmo555

tbh wrote: »

would love to, but they'll only give it to the guards unfortunately..

You have a right to a copy of the CCTV footage under the Data Protection Acts.

Under Section 4 of the Data Protection Acts, you also have a right to get a copy of your personal information. This applies to all types of information -for example, written details about you held electronically or on paper, photographs and CCTV images. You are also entitled to know where the information was obtained, how it has been used and if it has been passed on to anyone else. All you need do is write to the person or organisation holding the information. You need not quote the Data Protection Acts, but it is a good idea to do so. Your letter might read something like:

Dear ...
I wish to make an access request under the Data Protection Acts 1988 and 2003 for a copy of any information you keep about me, on computer or in manual form. I am making this request under section 4 of the Data Protection Acts.

You should also include any additional details that would help to locate your information - for example, a customer account number or staff number. You may be asked for evidence of your identity. This is to make sure that personal information is not given to the wrong person. When requesting some types of record, such as credit history or Garda records, it may also be useful to provide a list of previous addresses, previous names and your date of birth. You may be asked to pay a fee, but this cannot exceed €6.35.

Once you have made your request, and paid any appropriate fee, you must be given the information within 40 days (most organisations manage to reply much sooner).

keithclancy

gizmo555 wrote: »

You have a right to a copy of the CCTV footage under the Data Protection Acts.

Under Section 4 of the Data Protection Acts, you also have a right to get a copy of your personal information. This applies to all types of information -for example, written details about you held electronically or on paper, photographs and CCTV images. You are also entitled to know where the information was obtained, how it has been used and if it has been passed on to anyone else. All you need do is write to the person or organisation holding the information. You need not quote the Data Protection Acts, but it is a good idea to do so. Your letter might read something like:

Dear ...
I wish to make an access request under the Data Protection Acts 1988 and 2003 for a copy of any information you keep about me, on computer or in manual form. I am making this request under section 4 of the Data Protection Acts.

You should also include any additional details that would help to locate your information - for example, a customer account number or staff number. You may be asked for evidence of your identity. This is to make sure that personal information is not given to the wrong person. When requesting some types of record, such as credit history or Garda records, it may also be useful to provide a list of previous addresses, previous names and your date of birth. You may be asked to pay a fee, but this cannot exceed €6.35.

Once you have made your request, and paid any appropriate fee, you must be given the information within 40 days (most organisations manage to reply much sooner).

This only pertains to personal information.

I couldn't run around in front of a CCTV Camera in a bank and then demand a copy because i'm related to the footage somehow.

paddydriver

So.. after all this.

The Guard.. is she hot?:D

On a serious note OP, that witness should be sainted! The fact they hung around to tell you what happened - they must have really had it in for the bitch in the jeep, and rightly so. Best of luck with it all.

CreepingDeath

tbh wrote: »

would love to, but they'll only give it to the guards unfortunately..

What if you tell the guards that you need a copy for a civil court case / small claims court?

gizmo555

keithclancy wrote: »

This only pertains to personal information.

I couldn't run around in front of a CCTV Camera in a bank and then demand a copy because i'm related to the footage somehow.

Actually, yes you could. The information I quoted is from the website of the Data Protection Commissioner (www.dataprotection.ie) - I suggest you take a look before making any further comment.

The personal information in this specific instance is the OP's car registration number, which if it is visible in the CCTV footage is personal data within the meaning of the Acts.

tbh

paddydriver wrote: »

So.. after all this.

The Guard.. is she hot?:D

On a serious note OP, that witness should be sainted! The fact they hung around to tell you what happened - they must have really had it in for the bitch in the jeep, and rightly so. Best of luck with it all.

according to the witness, the reason the driver hit our car was because she was speeding to get into the space before the witness could...sounds like she's got a reason to be happy yer one got caught!

allquestions

Best bit of reading since the Ann and Barry books! I can't wait to hear what happens next; it's really interesting to see the story unfolding.

I'm delighted that the witness hung around, fair play!

January

wmpdd3 wrote: »

Also you'd have to replace all baby seats inn the car, you just wodnt be able to trust them! The shopping center wont give the copy to the op, but they will gve it to the cops.

This! And make sure you INSIST on the new car seat from the bitches insurance company. They'll try to fob you off saying "ah sure, it was only a tip, no big impact", a tip is all it takes.

MugMugs

gizmo555 wrote: »

tbh wrote: »

would love to, but they'll only give it to the guards unfortunately..

You have a right to a copy of the CCTV footage under the Data Protection Acts.

Under Section 4 of the Data Protection Acts, you also have a right to get a copy of your personal information. This applies to all types of information -for example, written details about you held electronically or on paper, photographs and CCTV images. You are also entitled to know where the information was obtained, how it has been used and if it has been passed on to anyone else. All you need do is write to the person or organisation holding the information. You need not quote the Data Protection Acts, but it is a good idea to do so. Your letter might read something like:

Dear ...
I wish to make an access request under the Data Protection Acts 1988 and 2003 for a copy of any information you keep about me, on computer or in manual form. I am making this request under section 4 of the Data Protection Acts.

You should also include any additional details that would help to locate your information - for example, a customer account number or staff number. You may be asked for evidence of your identity. This is to make sure that personal information is not given to the wrong person. When requesting some types of record, such as credit history or Garda records, it may also be useful to provide a list of previous addresses, previous names and your date of birth. You may be asked to pay a fee, but this cannot exceed €6.35.

Once you have made your request, and paid any appropriate fee, you must be given the information within 40 days (most organisations manage to reply much sooner).

You're very wrong. There's no personal data on the cctv...

pred racer

MugMugs wrote: »

You're very wrong. There's no personal data on the cctv...

I dont know aything about the subject, but the passage he quoted says clearly cctv images are included.

slimjimmc

pred racer wrote: »

I dont know aything about the subject, but the passage he quoted says clearly cctv images are included.

Lets assume there is personally identifiable info on CCTV an the OP puts in a claim for access to the CCTV under DP law:
All he's entitled to are the images of himself and his car.
Any images of the other party are their personal info to which the OP would not be entitled to view.

What use would a copy of CCTV be to the OP with all the interesting other stuff edited out?

keithclancy

gizmo555 wrote: »

Actually, yes you could. The information I quoted is from the website of the Data Protection Commissioner (www.dataprotection.ie) - I suggest you take a look before making any further comment.

The personal information in this specific instance is the OP's car registration number, which if it is visible in the CCTV footage is personal data within the meaning of the Acts.

And if I'm in the background in that CCTV ? Is that not my personal information ? and the person that requests it is not entitled to it ?

So under the data protection act the person that damaged the ops car has a stake in that 'personal information' unfortunately.

Which makes sense really becuase if the op was a nut job and posted it online then it would not turn out well.

gizmo555

keithclancy wrote: »

gizmo555 wrote: »

Actually, yes you could. The information I quoted is from the website of the Data Protection Commissioner (www.dataprotection.ie) - I suggest you take a look before making any further comment.

The personal information in this specific instance is the OP's car registration number, which if it is visible in the CCTV footage is personal data within the meaning of the Acts.

And if I'm in the background in that CCTV ? Is that not my personal information ? and the person that requests it is not entitled to it ?

So under the data protection act the person that damaged the ops car has a stake in that 'personal information' unfortunately.

Which makes sense really becuase if the op was a nut job and posted it online then it would not turn out well.

That's the CCTV camera operator's problem. They may have to pixelate or obscure parts of the footage, but the OP has a clear right to a copy under the law.

granturismo

Any developments?

tbh

granturismo wrote: »

Any developments?

not at the mo, trying to keep things moving but the guard was off yesterday until today at 5pm...I know she hasn't seen the CCTV because the security guard rang me today. To be honest, from what he says, the CCTV doesn't sound great - he says you can see the other car pulling into the space and then driving straight out, doesn't look like you can see the driver or even the impact....I'm not sure you can see our car..but hopefully we have enough with the witness and the damage to the two cars. Fingers crossed!

the_syco

kbannon wrote: »

Lastly, if it turns out that the woman is indeed uninsured, I would first try and go through the MIBI (http://mibi.ie/) rather than through your own insurance.

If the other person is uninsured, can you get the Gardai to check if her her has tax & NCT? I think some judges will probably throw the book at such people, esp as they were involved in a crash.

Also, can the OP sue the driver for damages in a civil or criminal suit if the driver is uninsured?

tbh

the_syco wrote: »

If the other person is uninsured, can you get the Gardai to check if her her has tax & NCT? I think some judges will probably throw the book at such people, esp as they were involved in a crash.

Also, can the OP sue the driver for damages in a civil or criminal suit if the driver is uninsured?

She's to produce license, NCT, tax, logbook and insurance by next friday.

If she's uninsured I'll be bringing her to the small claims court for my excess (€300)

godtabh

tbh wrote: »

She's to produce license, NCT, tax, logbook and insurance by next friday.

If she's uninsured I'll be bringing her to the small claims court for my excess (€300)

Small claims only apply to individuals with disputes with companies.

You would have to take a civil case which would be different.

tbh

godtabh wrote: »

tbh wrote: »

She's to produce license, NCT, tax, logbook and insurance by next friday.

If she's uninsured I'll be bringing her to the small claims court for my excess (€300)

Small claims only apply to individuals with disputes with companies.

You would have to take a civil case which would be different.

D'oh, you're right, just saw this line (c)a claim for minor damage to property (but excluding personal injuries) and not the rest. Still gonna go after her tho.

godtabh

tbh wrote: »

D'oh, you're right, just saw this line (c)a claim for minor damage to property (but excluding personal injuries) and not the rest. Still gonna go after her tho.

Defo but just make sure you go down the correct route and save yourself some hassle if you can

tayto lover

tbh wrote: »

She's to produce license, NCT, tax, logbook and insurance by next friday.

If she's uninsured I'll be bringing her to the small claims court for my excess (€300)

Sorry, I read this twice but did the Garda inspect her car and see her damage?
If the CCTV footage is poor she might continue to deny it despite the witness. My advice is to keep in touch with the garda and keep the pressure on. That woman deserves all she gets, I had that happen to me some years ago but I had no witness and had to pay for my own damage.

Shopping centres and other large car parks covered by CCTV should really put up notices along the lines of:

"This carpark is monitored by CCTV. We will provide footage of any hit and run incident to the Gardaí"

Might make idiots like this think twice before causing their victims so much hassle.

Hope all this ****e gets sorted quickly tbf, take her to the cleaners!

tbh

tayto lover wrote: »

Sorry, I read this twice but did the Garda inspect her car and see her damage?
If the CCTV footage is poor she might continue to deny it despite the witness. My advice is to keep in touch with the garda and keep the pressure on. That woman deserves all she gets, I had that happen to me some years ago but I had no witness and had to pay for my own damage.

yeah - the guard inspected her car and told me there was damage on the front-left hand side of it. She also asked me "is your car gray" which it is I'm a bit confused as surely if she saw the car, she also checked insurance disk, tax etc. but anyway....

from chatting to the lads in the insurance, the cctv would be good, but it's not necessarily vital to the case. Any two of matching damage, an independent witness and CCTV would be needed. The witness gave a reg, which happened to match the colour of the paint left on my car, it's a SUV and the damage on my car matches the height etc.
I think the main benefit of the CCTV would be to allow the other driver admit to hitting my car, but not admit to knowingly hitting it and driving away, but hopefully the guards have enough without it. The guard said that a prosecution was likely before she even knew the CCTV was available.

MugMugs

Garda checks damage on vehicle and doesn't check Insurance disk..... Not that a disk means the car is insured it's still generally a good indicator.



Mugs

tbh

MugMugs wrote: »

Garda checks damage on vehicle and doesn't check Insurance disk..... Not that a disk means the car is insured it's still generally a good indicator.



Mugs

my suspicion is that there was no disk, and the driver said something along the lines of she has a policy but hasn't got the disk yet - guard then has to give her ten days to prove it, and has to assume she's telling the truth so can't say anything to me.

dahamsta

The disc isn't worth a feck, if they're going to prosecute they need the full details, and I'd imagine they need to come via the standard 10 day request. They could get them direct from the insurance company, but this is probably the standard procedure.

FanadMan

tbh wrote: »

yeah - the guard inspected her car and told me there was damage on the front-left hand side of it. She also asked me "is your car gray" which it is I'm a bit confused as surely if she saw the car, she also checked insurance disk, tax etc. but anyway.....

Prob some of your gray paint on her car....

foreversky

last week my brother was driving .he had right of way, but a driver come out of the left with even looking to see if a car was coming either side

front lights fecked, e1700 to get fixed.other driver in his 60s thought he cud blame my brother coz he young 28.hes a good driver.

he was going to blame him.
he rang Garda just incase he wud coz trouble

wonski

foreversky wrote: »

last week my brother was driving .he had right of way, but a driver come out of the left with even looking to see if a car was coming either side

front lights fecked, e1700 to get fixed.other driver in his 60s thought he cud blame my brother coz he young 28.hes a good driver.

he was going to blame him.
he rang Garda just incase he wud coz trouble

And?
It's totally different story....Garda will not state who is at fault, they only act as a witness, and make sure all details are exchanged. It sucks, but it works...