How do I go about sorting out this mess?

Good to see the mind set your working with.

Why not? It will be at Blains inconvenience as he won't have a car and will have to find other means of travel so that'll need paying for, and it's all the other blokes fault.
 
[TW]Fox;16706042 said:
Nice, you are suggesting defrauding the guy to get some self taken compensation?

Lovely, lovely. Whilst that says a lot about your character I don't think Scuzi is the sort to need to fabricate stories and inflated repair costs to make a profit. He just wants his car fixed with the minimum of fuss.

No, I'm suggesting it as it's going to be a pain in the arse whilst his car is off being repaired travelling otherwise.

Also taking it to a decent indi repair place who will do the job properly and paying them to do a proper job (especially if someone else is paying) should be minimum fuss.
 
You moan about the time it will take, yet you declined the quickest possible route (Him paying out of his pocket).

I'd have been down to the best local bodyshop the same day for a quote, then back to his address to collect a cheque - it could have been all sorted within a week (depending on the bodyshops current workload of course).
 
Except for the obvious data protection issues. Full CCTV footage can only be released to bodies which are exempt from the DPA - eg the police. For it to be given to you, they would have to edit out everyone elses faces, registration numbers etc - some will charge, some will just say no
Doesn't anyone who is in view of the CCTV have a legal right to view that footage with them in it?

As Scuzi already knows the number plate and the name of the other person there is no reason to blur it out.

From what I can remember all they can do is charge you a small fee for a copy.
 
Yup, or I think insurance companies can ask for it if they have reasonable cause or it's part of a criminal investigation. I forget the exact terms, I could dig the ICO CCTV code of conduct out my desk drawer if it becomes relevant :)
I'd be interested to know what the official line is on that. From the limited knowledge of CCTV related DPA in my office, the consensus is that unless the footage particularly focuses on individuals faces, rather than just taking images of a general scene, then it doesn't fall under the DPA. IIRC, this is how the authorities get round having to show every tom, dick and harry all the footage they have of themselves. It only becomes a DPA issue if the footage focusses on the individual and tracks them or monitors them closely rather than surveying the entire scene. And would the number plates need blanking out? They're hardly private data, surely? I can see that blanking out plates is good practice for publicly available material, but does it fall within the remit of the DPA?
 
Doesn't anyone who is in view of the CCTV have a legal right to view that footage with them in it?

As Scuzi already knows the number plate and the name of the other person there is no reason to blur it out.

From what I can remember all they can do is charge you a small fee for a copy.

They do, but the data controller also needs to remove other peoples data - eg blur out everyone else who hasn't consented. This is normally what the charge is for. I think it also depends on the purposes stated on the register and on the signage

I'd be interested to know what the official line is on that. From the limited knowledge of CCTV related DPA in my office, the consensus is that unless the footage particularly focuses on individuals faces, rather than just taking images of a general scene, then it doesn't fall under the DPA. IIRC, this is how the authorities get round having to show every tom, dick and harry all the footage they have of themselves. It only becomes a DPA issue if the footage focusses on the individual and tracks them or monitors them closely rather than surveying the entire scene. And would the number plates need blanking out? They're hardly private data, surely? I can see that blanking out plates is good practice for publicly available material, but does it fall within the remit of the DPA?

I'll dig the book out in the morning and see if I can find the official line
 
Why not? It will be at Blains inconvenience as he won't have a car and will have to find other means of travel so that'll need paying for, and it's all the other blokes fault.

Anyone with half a brain, will just ask to see the quote or even go to the person doing the work and find out the price.
 
You moan about the time it will take, yet you declined the quickest possible route (Him paying out of his pocket).

I'd have been down to the best local bodyshop the same day for a quote, then back to his address to collect a cheque - it could have been all sorted within a week (depending on the bodyshops current workload of course).

At the time he didn't know who he was dealing with.

The person could have offered to pay, seen the price and then refused to pay such a high amount etc.
 
Anyone with half a brain, will just ask to see the quote or even go to the person doing the work and find out the price.

Sounds like to me the guy just wanted to pay Blain to keep schtom about it, so I doubt he would have.
 
You moan about the time it will take, yet you declined the quickest possible route (Him paying out of his pocket).

I'd have been down to the best local bodyshop the same day for a quote, then back to his address to collect a cheque - it could have been all sorted within a week (depending on the bodyshops current workload of course).

I was suspicious. I had an old guy in a tatty looking old Octavia, who when writing down his details omitted his name. He also didn't know who he was insured with. My car is probably going to need a new door - a bill that's probably going to run into 4 figures I would imagine. I also have a lot on my plate at the minute being signed off work due to illness and the last thing I need is the hassle of chasing up someone for the repair money. I didn't feel comfortable so I defaulted to standard practice. I think I did the right thing with hindsight.

I've decided to stick with Albany Assistance since they appear to be the same people as Helphire. Europa Consultants couldn't help me as it happened in NI and they aren't familiar with the laws here or so they say.

Someone from the garage was supposed to call me back this evening but didn't. I guess I'll have to go down there tomorrow and see if they can give me footage.

Thanks for the advice :)
 
At the time he didn't know who he was dealing with.

The person could have offered to pay, seen the price and then refused to pay such a high amount etc.

You can inform your insurance company of the incident, and explain to them that you are awaiting contact from the other party. In the event that he does not pay up, continue with the insurance claim, you'd still want to get his insurance details even if you wanted to settle outside of the insurance.

I was suspicious. I had an old guy in a tatty looking old Octavia, who when writing down his details omitted his name. He also didn't know who he was insured with. My car is probably going to need a new door - a bill that's probably going to run into 4 figures I would imagine. I also have a lot on my plate at the minute being signed off work due to illness and the last thing I need is the hassle of chasing up someone for the repair money. I didn't feel comfortable so I defaulted to standard practice. I think I did the right thing with hindsight.

Thats fair enough.
 
do NOT go with europa consultants, they are absolutely useless or at least the member of staff I was dealing with was. Complete disinterest and lack of care, for example he managed to re-word my statement into something that meant nothing like what I'd actually said! (I was rear ended by a single car, no other parties involved, he submitted my statement to the third party insurer that I had been rear ended and shunted into a car infront of me?! I'd even submitted diagrams clearly showing only 2 cars in the accident).

and in the end I've had to pull it out and go back to my insurance company. This combined with him taking WEEKS to reply to simple questions and e-mails, with usually unsatisfactory answers leaves a very bitter taste and it has made a relatively simple claim drag on nearly a year now. Even 9 months into the case, he still couldn't provide me with simple information like a copy of the 3rd party' statement :s Absolutely bizarre.

Tom.

PS for scuzi, I had a simlar situation in my mondeo except it was my front end that was reversed into in a Shell garage. They tried to settle out of insurance but it all seemed a little dodgy, so I pushed it through helphire. They picked up my car the next day with a courtesy car, repaired it and then chased the third party for the money, so VERY little hassle to you, just a 20 minute phone call to arrange everything.
 
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Update.

Having heard nothing since I posted this thread I called Albany Assistance for an update. It appears that the 3rd party is denying that this ever happened. My question to them was "How the hell did I get his address and telephone number if it never happened?" I tried to get CCTV footage but the car parking area of the filling station isn't covered.

Is there ANYTHING I can do to make this go right? I have considered calling the 3rd party to ask him WTF he's playing at but I want to tread carefully since my research shows that he is an experienced solicitor.

I'd have thought someone in his position would be in favour of justice and honesty. Apparently not.
 
Do you have any witnesses?

It appears the scumbag is using his knowledge of the law and what is required to make a succesful claim to get out of it.

Isn't perverting the course of justice an offence for which a member of the legal profession can be de-barred?
 
[TW]Fox;16750012 said:
Do you have any witnesses?

It appears the scumbag is using his knowledge of the law and what is required to make a succesful claim to get out of it.

Isn't perverting the course of justice an offence for which a member of the legal profession can be de-barred?

He said they all buggered off.

Probably, but I doubt Scuzi is going to be able to make this stick somehow.. let alone him somehow then being found out and prosecuted.

Best bet would be to see a lawyer, try in small claims.

Ps. I don't care about forum wrath. If he is being a penis, you be one too. Didn't your mate happen to be following you up the road? ;)
 
No witnesses I'm afraid. I'm afraid you might be right, Fox. At least that's what it looks like to me. Rather than drag this out for months I'd preferably like to nip it in the bud now.

I have his name, address, telephone number and car registration as well as make, model and colour. I have all these details written in his handwriting, albeit on the back of a BMW bluetooth handbook :p Would it be prudent to call him and tell him this and request that he stops dicking around or would I be better off approaching my solicitor (to clarify, not my own personal solicitor but the one I regularly use ;) ) or would that conflict with the handling of the claim by Albany?

Given the turn that this has taken, I want to get everything I can from this ******* to the full extent of the law.
 
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