after all the bluster of here's 40 notes, we didn't do anything wrong so piss off it seems that a certain bus company doesn't have in place the correct Data Protection measures according to their governing body - it took a bit of pursuing [but not too much considering] and a bit of holding me nerve but they gave me a rather nice settlement, no reciepts, no solicitors, no questions and an assurance of driver re-training
If you are in the same situ these are the things that you should do as soon as
Get witness statements at the scene
File police report
Take photos as soon as
Take bus rego and route number
report within 24 hours to their Accident Intervention officer
Things that are good to arm yourself with [keep them on the back burner and let them make the mistakes that give you leverage later]
the driver HAS to file an incident report immediately upon returning to the depot [mine left it for 16 hours before reporting]
Immediately ask for CCTV footage to be stored - at no point give them explicit authority to view this footage
When they email you to let you know that they've looked at the footage and you're to blame that's where you start having fun [do all of this by email not phone] -
A. who viewed it and are they the stated authorised personnel to do so
B. Was this done in a specified and dedicated location according to Data Protection Act rulings C. If they viewed the footage to check the actions of the driver and you're recognisable features haven't been blurred out then they're on very shaky ground
D. Ask for a copy of the footage - they'll spout guff about DP Act, it''l be bollocks, you have a right to that footage, if they give you gumpf about not having the resources to blur out other 3rd parties on the CCTV then tough shit - there's a section on the code of practises that stipulates that it is not their choice and if they don't have the facilities in-house then thay have to out-source it
E. If they reply to you with 'we are unable to…' in every instance request by return email what section of the Data Protection Act they are citing
My experience has been that they will try and bully you but try and play it cool and be polite and they soon trip themselves up
well…
after all the bluster of here's 40 notes, we didn't do anything wrong so piss off it seems that a certain bus company doesn't have in place the correct Data Protection measures according to their governing body - it took a bit of pursuing [but not too much considering] and a bit of holding me nerve but they gave me a rather nice settlement, no reciepts, no solicitors, no questions and an assurance of driver re-training
If you are in the same situ these are the things that you should do as soon as
Things that are good to arm yourself with [keep them on the back burner and let them make the mistakes that give you leverage later]
A. who viewed it and are they the stated authorised personnel to do so
B. Was this done in a specified and dedicated location according to Data Protection Act rulings C. If they viewed the footage to check the actions of the driver and you're recognisable features haven't been blurred out then they're on very shaky ground
D. Ask for a copy of the footage - they'll spout guff about DP Act, it''l be bollocks, you have a right to that footage, if they give you gumpf about not having the resources to blur out other 3rd parties on the CCTV then tough shit - there's a section on the code of practises that stipulates that it is not their choice and if they don't have the facilities in-house then thay have to out-source it
E. If they reply to you with 'we are unable to…' in every instance request by return email what section of the Data Protection Act they are citing
My experience has been that they will try and bully you but try and play it cool and be polite and they soon trip themselves up