Accused of being in a car accident obtaining CCTV

BykerSands

NectarCollector wrote: »

I work in a petrol station, you can request the petrol station to burn the incident onto a disc from the cameras, but legally they can only hand the cctv recordings to the police.

CCTV is usually kept for about a week before it is deleted

Trouble is the op has nothing to report to the police.

magpiecottage

NectarCollector wrote: »

I work in a petrol station, you can request the petrol station to burn the incident onto a disc from the cameras, but legally they can only hand the cctv recordings to the police.

This is incorrect. If the OP makes a Data Subject Access Request, stating who they are, the registration number of the vehicle and the approximate time and date - as well as the location, the business must then provide that data - although they can charge a fee of up to £10.

Although they can withhold information relating to other indiduals without their consent, this can be overridden by Section 35 of the Data Protection Act 1998.

CCTV is usually kept for about a week before it is deleted

In which case you might want to ask for the footage quickly.


More information here.

xHannahx

Sounds like a fraudulent claim. Whiplash claimed if I've read the above? Might be worth reporting to police?

If there is no damage to OP car there is no way sufficient impact occurred to cause whiplash.

Wonder if it's a crash for cash style claim?

narabanekeater

our car is completely undamaged. OH has been into the petrol station this morning who have confirmed that there is no CCTV that covers that area. Your very right in saying we have noting to report. He contacted his insurance Sat night and they said they couldn't help on that number as no claim was being made. My Oh uses that petrol station Mon -Fri 5 days a well so as such they if they were staging a claim would have known with a little monitoring where he would be and at what time.

buglawton

Keep petrol receipts from days around the incident, and ask for record of your till transactions. At least you may be able to disprove the claimed timings. The fact that this claim is being made for an incident inside a petrol station it itself suspect. Wonder if there is a more sophisticated fraud than normal happening.

antrobus

narabanekeater wrote: »

....Really its the 3rd parties word against my other halves so the CCTV could make all the difference.
.....

The burden of proof is on the claimant. The other party concerned still has to prove that there was an accident.

narabanekeater wrote: »

...He did not hit the car in any way. Nor is there any damage to our car so getting these solicitors letter for damage to the car from the driver and as a compensation claim for injuries to the passenger has come out of the blue. ....

Refer them to the reply given in Arkell v Pressdram.

narabanekeater

the same gentleman is on the till every day and served my OH. My OH will stop at the garage within a time frame of around 5 minutes daily. So the timings of the form will be correct to within minutes of him being at the petrol station. My OH does remember the car as he admired it. He wouldn't have known for example who it belonged to or how long it was parked but it was definitely parked at the same time as my OH. My Oh did leave the station before them. I'm sat thinking now that if this had happened to you you would have left your car and go into the petrol stations shop and ask for help? seek yourself if there's CCTV? anything to support your claim and also contact the police yourself wouldn't you as someone had damaged your property

Quentin

narabanekeater wrote: »

He contacted his insurance Sat night and they said they couldn't help on that number as no claim was being made..

It really isn't your worry. You don't need to looking for proof no incident took place!


You just need to pass all correspondence unanswered on to your insurer and let them deal with everything. They were wrong to say no claim has been made as you have received one in the post!

Keep_pedalling

You might also want to report this to Action Fraud

http://www.actionfraud.police.uk/report_fraud

DCFC79

Quentin wrote: »

It really isn't your worry. You don't need to looking for proof no incident took place!


You just need to pass all correspondence unanswered on to your insurer and let them deal with everything. They were wrong to say no claim has been made as you have received one in the post!

I wonder if the OP has done this yet, OP has been told numerous times to do it.