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Legal matters

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Woman filming me dripping my kids at school

69 replies

helloitsme · 04/06/2015 22:07

Basically, I park in a residential road when I drop my kids to school and there's a resident who doesn't like it. I try to avoid it as much as I can, but sometimes there are no spaces elsewhere. So, there's a woman who photographs or films me and my kids when we do it and I find don't like it. The road is a public road and I have checked with the council that I am not trespassing, and before you say it, I live more than two miles from the school with no public transport, so no options but to drive. Are there any grounds that what she is doing is against the law?

OP posts:
helloitsme · 04/06/2015 23:30

Winter, I have no idea if she films others. Because we are one of the few families that drive every single day, we probably pop up there more often and she might have a thing about us, I am not sure. I say this partly because when I changed my car, the attention seemed to stop for a little bit and then started again, so I realised that maybe once they caught on that the new car was us, they got interested again.
I have been approached once, by a man, who was clearly annoyed, but trying to be polite and unthreatening. I have also had a note on my windscreen once.

OP posts:
CalmYoBadSelf · 04/06/2015 23:32

It never ceases to amaze me that people buy houses near schools then complain about people dropping off children

Rather like the people who bought houses backing onto the fields of FILs farm as they loved the countryside then complained about muck spreading, tractor noise, cow noise and God knows what else

ethelb · 04/06/2015 23:34

You don't have a right to not be filmed/photographed in public in this country, but you do have a right to not be harassed. Maybe a chat with the community police officer.

WinterOfOurDiscountTents15 · 04/06/2015 23:34

In all honesty I think SilverBirch has nailed it. You are doing something perfectly legal which is really bugging her, she is doing something perfectly legal which is really bugging you (which I imagine is the idea).

Yes, she's being an arse. She probably thinks you are (I don't agree, just saying what I imagine).
Yes, you can report her to the police if you feel threatened, but there is very little they can do. If they did attend they might recommend she stops filming you (though they can't make her) and they might recommend you don't park there (though they can't make you stop).

Is any of it worth the hassle for anyone?

BerylStreep · 04/06/2015 23:35

The website I linked to explains the difference between section 2a offences and 4a offences. I don't think there is any insult intended to people, just different levels of an offence.

The woman is clearly doing it to intimidate.

BerylStreep · 04/06/2015 23:38

But legally parking in order to drop one's children to school (I.e. a legitimate purpose) is quite different to filming someone repeatedly for no purpose other than to intimidate. The action itself might be legal, but the intent is to harass.

TripTrapTripTrapOverTheBridge · 04/06/2015 23:39

I would get out of the car, smile,wave and then do the conga down to school.

hmc · 04/06/2015 23:41

Do not be intimidated. Wave gaily. Blow her a kiss. Feigned insouciance will steal her thunder

WinterOfOurDiscountTents15 · 04/06/2015 23:42

s quite different to filming someone repeatedly for no purpose other than to intimidate. The action itself might be legal, but the intent is to harass.

Very hard to prove intent to harass, especially if the filmer has never spoken to the OP. You don't know the purpose is to intimidate at all, you're assuming.

helloitsme · 04/06/2015 23:44

Thanks Beryl. I agree that quietly parking my car in a road next to the school for a few minutes is quite different from rushing out to regularly film a complete stranger and her small children. Both might be legal, but the intention behind the action is completely different.
That's partly why I don't want to do anything to antagonise her back, then my intention would be to irritate, which it has never been.
Anyway, I don't think I will take any legal action, I just wanted to understand what the position was, so I would know what protections I have. Ultimately, if it's a choice between parking there and being late for school, I'm going to park there.

OP posts:
OstentatiousBreastfeeder · 04/06/2015 23:46

I wonder if you're in my area, op. There is a woman on the facebook residents' group I'm a member of who posts photos of vehicles that park outside of her house at school pick-up times.

Apparently she is building a case to hand to the council to apply for a permit system along her road.

BerylStreep · 04/06/2015 23:49

I wonder what other intent there could be, which would have someone filming you and you children on a daily basis as they go about their legal and legitimate business? OP has said she, and others, feel intimidated by the actions.

I guess it would be down to the police, CPS, and courts to decide, but I do know there are similar situations I am aware of which have been successfully prosecuted.

Ultimately it is up to the OP to decide if she wants to pursue it.

springalong · 04/06/2015 23:51

You know how kids love waving at everyone. Just all of you wave at her, big cheesy greetings. She'll get bored! She might be collecting evidence for the council to apply for permit parking so perfectly reasonable reason for filming.

helloitsme · 04/06/2015 23:52

Surely if I lived in your area Ostentatiousbreastfeeder, we'd already know each other because I'd have seen you ostentatiouslybreastfeeing Grin
I'm trying not to out myself here, but the idea of a permit system in this area is hilarious Grin

OP posts:
WinterOfOurDiscountTents15 · 04/06/2015 23:52

AS the poster above you says, the intent might well be to gather evidence to campaign for residents only parking.
I'm sure there are other reasons.

I guess it would be down to the police, CPS, and courts to decide, but I do know there are similar situations I am aware of which have been successfully prosecuted.

An auld one standing on her own driveway taking a few videos on her mobile? That sounds like an epic waste of time and money for the police, CPS, and courts. How intimidated could you possibly be?

Anyway, I've outlined the basic position. I think this is all getting very silly now.

recall · 04/06/2015 23:59

My 3 year old daughter was filmed on the beach in just bikini bottoms by a News film crew, and she was on TV that night. They actually zoomed in on her for about 8 seconds. No one asked my permission to either film her, or show the footage. I still can't get over that being lawful, but apparently it is.

FujimotosElixir · 05/06/2015 00:00

im not talking about inciting a lynch mob or anything Grin, i would just post the image without details and say this woman films me and my children everyday even though my parking isnt illegal , im intimidated etc if shes local she'll he revealed soon enough , bullying thrives on silence.

helloitsme · 05/06/2015 07:47

Winter, I do not have any intention to prosecute this, but just to answer you, it is not the older woman in her driveway who is intimidating, it is the fact of being deliberately filmed, presumably not with a good intention for me and the kids, and not knowing what is being done with that film afterwards.
However, I really appreciate your advice and expertise, and I feel much easier after hearing what you have to say, so thank you.

OP posts:
LotusLight · 05/06/2015 07:48
  1. As people say the basic legal principle is usually you can film in public. It does though depend. Obviously the BBC do it at football matches all the time without consent of those people.
  1. Here if she does it a lot possibly (I doubt it) you could say it was stalking. JK Rowling won a court action that a photo of her child in a buggy on a public street - the photo should not be published which was a strange decision as usually if you're in public it's fine but I think it was because it was press photographers, only a picture of that child rather than the general street scene and she'd made it clear the child was not for public view whereas she could not stop a picture of herself in a street.
  1. Some cultures think a photo steals your soul and some religions don't like it at all so you definitely get different reactions.
  1. What she does with the footage though and what do if you took any of her is another matter. If she publishes rather than simply sending it to the Council to try to get no parking signs put up then you might have more ability to stop it as she might be picking on you specifically or libelling you if she says you break the law when you don't.

You can film in the street. Lots of companies have CCTV which is filming and which is lawful although the ICO has a code of practice on CCTV setting out what can and cannot be filmed, need for notices, not directed into neighbour garden where she sunbathes naked etc. The Met Police had to revise their policy on people who film them as it was too restrictive.

It is a huge current issue - look at that idiot in Richmond who was filmed losing his temper and berating a cyclist which is all over the internet. I think that's a good thing - that the cyclist can film and post it. It will stop people before road rage happens if they know there is a camera. Some lorries and fleet vans now have cameras on the dashboard and get insurance reductions for that - there was an item on Money Box R4 on it as they can prove more easily who was at fault in a crash.

00100001 · 05/06/2015 07:57

This woman is not a paedophile (can't believe some brought that up!) And she is not a stalker(again Hmm )

She is just a busy body who doesn't like people parking in her road and is obviously trying to get that stopped.

Grumpyoldbiddy · 05/06/2015 08:03

Just wave at her or ask for a copy of the photo because it's 'so rare to have a nice photo of all of us together'

Grumpyoldbiddy · 05/06/2015 08:05

Or just stop and say 'whilst I appreciate that it's irritating for you, legally I am doing nothing wrong. This is the safest place to park but I only park here as a last resort when the other place is full. I'm sorry that you find it irritating but unfortunately this is the risk you take when you buy a house near a school'

Momzilla82 · 05/06/2015 08:09

Can I just ask. . . The lady on your local page. what if the children were adopted and by spreading photos of them on social media she put them at risk. How does she know that there aren't any parents in that situation. I personally find her behaviour offensive and would probably put a note through her letterbox to politely ask her not to take photos of my children.

Penfold007 · 05/06/2015 08:19

The council and/or residents association have probably advised her to collect evidence of the 'problem' parking with a view to implementing parking restrictions.

Collaborate · 05/06/2015 08:42

Momzilla has a very good point (if neighbour is publishing the photographs). Perhaps notify the school, who might be willing to write to her about the danger of her publishing the photos or video on social media.

OP - if I were you I'd be obvious about photographing and videoing her while she does the same to you.