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Being spied on!


Surfer01
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Posted (edited)

I received DLA both elements as I have mobility issues due to RA. 

 

To help me get around I use elbow crutches as my right knee gives way unexpectedly.  Only recently within the past 30 days I had to have a steroid pain killer injection into the knee and have another appointment next week with the doctor. 

 

Our neighbour is always trying to catch me out so that he can report me to the Benefits agency.  I have had DLA since about 2011.  In 2018 I had to undergo an examination for PIP and had to supply proof of my issues. 

 

Today I had walked across with my carer to our garage which is less than 20m from our back garden.  The garage is full of stuff, I leant the elbow crutches against a wall in the garage as I could support myself on the stuff inside the garage.  Lo and behold our neighbour appears and starts taking picture of me not using my elbow crutches obviously with the intent to send them onto the benefits agency. 

 

He has done this previously and in 2018 I was called into the benefits agency to explain my income and outgoings.  This issue was not regarding my DLA, but our income. Apparently I had not updated them with an increase of £0.21p in my pension as this affects my Pension Credit income. Again I had all the necessary documentation and got a letter later from them apologising as I had supplied all the necessary information previously and they had been notified several months previously.  Although it could be coincidence I suspect that he reported us for some reason.

 

Later in the same year I was asked to go into the benefits office for the PIP examination although i was receiving DLA.  At the time I could hardly walk and despite a doctor's note plus proof of treatment it was insisted I go into the office in the town.  I went there and on the way to the office in the building I fell over as had a lot of difficulty walking. It was then arranged that someone would visit me at home and they did all the checks and approve the PIP.

 

However every time I go out and about whether just in our garden or to walk to my vehicle, I feel as if I am being spied on by the neighbour and on a number of occasions we have seen him taking pictures or pretending to take pictures.  It has not bothered me up to now, but today with him taking pictures again of me by our garage really annoyed me.  My wife has had endless hassles with him and this has been reported to the housing association, but they can do nothing as it is difficult to get proof of the harassment he is causing my wife.

 

Is there anything we can do to stop this harassment and for him to stop taking pictures of us whether in our garden or walking in the village. 

The latter applies mainly to my wife as my walking is mainly limited to walking to the vehicle parked outside the home. 

 

Surely it is an infringement of the Data Protection Act taking pictures of us without our permission, but how do we prove it? 

I am reaching the end of my tether with this person as it is causing a lot of stress and I have enough stress already in my life!

Edited by dx100uk
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As a general rule it is not illegal to take photographs of a person in a public place, however your garden and driveway may not fall under this category.  Data protection act doesn't apply anyway as this was replaced in 2018 by the General Data Protection Regulation (GDPR) and in any case, this wouldn't apply to photographs of you as these aren't considered personal information.

 

HOWEVER, if by taking photos of you in a public place, i.e. the village, it is causing you distress or alarm, you may have a case for harrassment or stalking.  This could be considered an offence.

 

Your best bet is to call the non-emergency line of your local police force on 101 and get their advice.

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Posted (edited)

Thanks I was inside the garage when I assume he took photographs or pretended to take photos.  We also suspect that he has taken photos of us moving around inside our garden, but proving it may be impossible. 

 

Obviously the benefits agency cannot react to any photos even if it showed me doing somersaults in our back garden however they could decide to pay us visits etc.  LOL!  That doesn't really bother me how many times they visit as there is no cure for RA, but annoying if he keeps reporting me for silly things.

 

It is the constant harassment and feeling of being spied on that is getting to me.  Also someone is throwing old meat into our garden hoping our dogs will eat the meat. 

 

Taking into account where it lands, we suspect it is being thrown over by him during the night, but again proving it is another matter.  He has a thing about our dogs. 

Edited by dx100uk
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Keep a diary of what harrassmet the neighbour is causing you.

 

You can go to the Police to make a harrassment complaint, but they will want to have lots of information.

We could do with some help from you.

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for the want of clarity. no matter where 'you' are....

 

be the person taking photos or video on public property or on their own land, in other words, not somewhere they should not be, an others private property,  there is no 'law' that prevents them from doing so, you can't trespass the eye. however, a concise diary says things a 1000 times stronger that simple observations. 

 

it's also worthy to note everyone has a mobile phone, when you see him doing it, camback!!

 

i would much prefer to pursue the route of the meat idea. that will get you instant traction with proof.

time to get yourself CCTV coverage on the back garden.

 

much the same as you, my neighbour once had issues with another over their sons car exhaust, hey mate there's a bloke with a trombone stuck under you car , he's also throwing fire crackers too as you rev away a 1000 times every day playing on your local boy racers Scalextric circuit around the area.

 

he complained to whomever, their son got served a section 59 and also had to retake his MOT as he swaps the exhaust each time it goes in. it failed, and his insurance company were non too pleased either about the unnotified modification.

 

a campaign by the said family was launched against the neighbour, inc CCTV which overlooked their garden.  Two of their dogs suddenly became very ill shortly after it's start. the RSPCA were involved, and by whatever powers they have, it latterly saw the police going in a seizing their CCTV system. 

 

they thought it was because it was filming the neighbours garden and that wasn't allowed...., it wasn't the reason, the silly idiots had left it running whilst throwing said poisoned meat over their fence. they got fined over £5000 for the vet bills and the housing association evicted them.

 

might help you.

 

dx

 

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Hi

 

Also to correct matters on Data Protection

 

The Data Protection Act has NOT been replaced by the General Data Protection Regulations (GDPR

 

The Data Protection Act 2018 is still fully in Force with the addition of the General Data Protection Regulation 2018 that were introduce by the EU

 

Even after Brexit the UK is still signed up to the General Data Protection Regulations 2018 (GDPR)

 

Just to Clarify our Data Protection Act 2018 is fully in Force with the addition of the General Data Protection Regulations (GDPR) which came into force on 25th May 2018.

 

WWW.LEGISLATION.GOV.UK

 

ICO.ORG.UK

The Guide to the UK GDPR explains the provisions of the GDPR to help organisations comply with its requirements. It is for those who have...

 

As for the CCTV in the neighbours property if it is overlooking your property and has NOT been blocked on their CCTV device not to overlook your property them the Data Protection Laws cover that CCTV if it views out with the Boundaries of that property.

 

So if the CCTV is actually viewing outside the boundaries of that neighbours into yours without permission is is infringing on your peaceful enjoyment of your own property / is a privacy & data protection issue / harassment (if you have asked objected in writing) and they continue with the same actions. (but you need evidence to prove this)

 

If the CCTV only views within the Boundaries of that property then the Data Protection Laws are not in force.

 

ICO.ORG.UK

There are many domestic CCTV systems on the market to help you protect your home. If you’re thinking of using one, you need to make...

 

 

I also agree that you need to keep a written record of all these incidents no matter how small with this individual as it is preventing you from having peaceful enjoyment of your property and within and outside your property could be classed as harassment.

 

WWW.LEGISLATION.GOV.UK

An Act to make provision for protecting persons from harassment and similar conduct.

 

WWW.CITIZENSADVICE.ORG.UK

Explains what action you can take if you have been harassed. Covers general harassment, harassment by landlords, creditors and cyber...

 

This Incident Log will be useful to keep a written record

 

Incident Log - Copy.pdf

 

 

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He doesn't have CCTV overlooking our garden and we have a 6 foot fence between his property and ours however if he stands in his kitchen door way he can overlook part of our property. 

 

I think the best suggestion is to start to keeping a proper diary of these incidents.  Unfortunately neither of us carry our phones with us when at home, but may need to consider doing this in future. 

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