(UK) Dashcam use on PRIVATE property

c4rc4m

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As if they'd let us have guns. You have to be over 16 to buy Christmas Crackers!
 
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Nigel

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As if they'd let us have guns. You have to over 16 to buy Christmas Crackers!
You don't need to use hand guns, you could use swords, lances, cannons, drones - plenty of choices that are perfectly legal...
 

SawMaster

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This gets more muddled the farther it goes :( The first step is to go see someone with a bit of rank with the local Plod to determine if a crime is happening. Go to their office- you don't want the idiot to know what you're doing ;) If they say"no crime" then see a solicitor to determine if Civil law is being broken. You need that meeting with the Plod to show something has been happening in case the bad neighbor increases the game and does something which brings the Plod into play as that gives the more ammo to use in prosecution.

Online legal advice isn't very good because so many different things come into play and laws vary wildly everywhere. But good online Medical advice can be found since the human body is very similar everywhere worldwide. Yet that is still hard to find the good stuff because so much crap comes along with a search and it takes a lot of research to make sure your symptoms are not a sign of something else. I am lucky to have a dialog with a real M.D. on another forum available to me when I need it, but part of the reason I have this is because I almost never bother him for that, and I respect his privacy as he doesn't want his job to become widely known for what would come of that with most people. I bother him only when I reach an uncertain end to hours of my own research which includes some great sources like Medical Schools and even the renowned Mayo Clinic who have their own websites.

Whether you need a Doctor or a Lawyer(Solicitor), a second-rate one will not do and the first-rate ones aren't cheap or easily accessed, but you're worth the cost and effort. At least I hope you are- I know I am :cool:

Phil
 

JB-007

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I would appreciate any considered responses from those more familiar with recent legal cases in the UK, EU or territories aligned with the UK, where legal precedent is more relevant.

(1) A neighbour (only one) has a short, private right of way over private land. This was created decades before dashcams existed, and so could never have been in the contemplation of a party to include in the grant of right to pass.

(2) The neighbour has a long history, on police record, of being obsessed with capturing adjoining property and has even been reported for taking photos on private land at 1am.

(3) The neighbour now uses dashcam footage to feed his irrational hatred of the other property owner. He is seen to press the 'protect' button whenever he sees the owner of the private property walking around, going about his business in a lawful, peaceful manner. Many of these captures include children.

So, my question is really about any precedent or other legal knowledge that means, at the very least, the use of such footage captured on private land where no consent to capture has been granted would be inadmissible for evidential purposes and, better, that the use of his dashcam for surveillance of private citizens on their private land is in fact unlawful.

If you want to rant on about throwing things at the camera, I don't want to hear from you.
Definitely seek the professional advice of an attorney. Sounds like he is a "stalker" I'd file a complaint with law enforcement to have it on file, and see an attorney.
 

Nigel

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cannons are a legal option o_O
Any Englishman with a castle will have a collection of cannons spread around the lawns and battlements, the Scottish seem even more keen on them, so they are widely available in the UK. You do need a shotgun license since they are classified as shotguns as they fire shot rather than bullets, but a shotgun license is easy to get.
 

c4rc4m

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This gets more muddled the farther it goes :( The first step is to go see someone with a bit of rank with the local Plod to determine if a crime is happening.
Phil
The trouble with the plod is often they don't know the law and if you turn up and and say you object to your neighbour driving down his right of way to his house (?) with a dashcam in his car, they're going to laugh you out of the station.

It seems to me this is probably a grey area of law. Only a Solicitor specialising in motoring / privacy law will probably know the answer and even then it may be an area that is still grey. If it's the latter, you risk having to battle through the Courts at huge expense potentially right up to through the Court of Appeal with a test case, where they may then be able to refer the judgement to the European Court of House of Lords for determination on a point of EU privacy law. All of that is potentially going to cost hundreds of thousands of pounds in costs and to what end? To make your neighbour take his dash camera out when driving down his right of way? To me it seems a little extreme and I wouldn't fancy your chances. If you want a definitive answer, consult a Solicitor and then go from there.

In my opinion, a far better use of your money would be to put a CCTV system in your self covering your property and the right of way over it. That way you can watch him as he crosses your property and ensure he does nothing illegal such as causing damage. The system will also protect you at night and gather any evidence of harassment.
 

SawMaster

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Any Englishman with a castle will have a collection of cannons spread around the lawns and battlements, the Scottish seem even more keen on them, so they are widely available in the UK. You do need a shotgun license since they are classified as shotguns as they fire shot rather than bullets, but a shotgun license is easy to get.
In this you may be better off than us here across the pond. In many places here, a cannon of 1/2" bore or larger is considered to be a "destructive device", essentially equalling a bomb. Even where legal, there will likely be special permits required and extra taxes and fees involved. And we tend to think of you as having strict gun laws compared to us....

Maybe mounting a 12 pounder on the back of my van will keep those pesky tailgater's at bay :ROFLMAO:

Phil
 

Nigel

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In this you may be better off than us here across the pond. In many places here, a cannon of 1/2" bore or larger is considered to be a "destructive device", essentially equalling a bomb. Even where legal, there will likely be special permits required and extra taxes and fees involved. And we tend to think of you as having strict gun laws compared to us....

Maybe mounting a 12 pounder on the back of my van will keep those pesky tailgater's at bay :ROFLMAO:

Phil
We do have a limit on bore size, less than 2 inches requires a shotgun license if you wish to fire it, which is easy to get. Over 2" requires a far more difficult to get licence, although still possible, but realistically you also need some training if you aren't going to blow yourself up!

If you don't wish to fire it then you don't need any license, whatever the bore!

Our only real restrictions are on automatic/semi-automatic weapons and handguns. Nobody is going to manage a mass shooting using a 16th C cannon, they are hard to conceal and take enough time to reload and aim that everyone can run away!
 

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All solicitors will say that, they would be out of work if everybody used the internet!
If solicitors always gave the correct answer then there would be no need for the courts!

Sometimes the internet can give better advice than many solicitors will.
The problem is knowing when you have good advice, bad advice can come from any source.
The law works on precedence - not on opinion - lawyerly or otherwise.
 
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