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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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hi my neighbours installed a cctv camera that is pointing in

Resolved Question:

hi my neighbours installed a cctv camera that is pointing in my garden.
the neighbours have video footage of me in the garden. the neighbours have shown it to the council who are using it against me. the council gave me asbo warning but i was mental ill at the time. what are my legal rights. as i feel i have been unfairly treated
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How does you being in your garden support an application for an ASBO?
Customer: replied 2 years ago.

there trying to say i have poured water over bees to make them swarm and they told me i have to remove them.

Expert:  Jo C. replied 2 years ago.
OK.
So what does the CCTV support?
Customer: replied 2 years ago.

the council says the cctv shows me pouring water over beehives but it took over 2 months for them to show it the council so i believed it been altered

Expert:  Jo C. replied 2 years ago.
You cannot alter CCTV. You can cut it of course but then it would not flow and it still would not show you doing something that you did not. The only way that could be done is if another person dressed up as you, got into your garden and poured water over the bees which is not likely to be accepted I'm afraid.
If your question is basically whether or not they can rely on this then there is no reason they cannot I'm afraid. It is evidence against you.
If it is two months old then that may be helpful if you can argue that it doesn't reflect the current position.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

yes it states in the council tenacy agreement you cannot point cctv camera in other peoples gardens. so could i use human rights act against them i was mental ill at this time

Expert:  Jo C. replied 2 years ago.
No.
That is not a human rights point anyway. It is a simple allegation of breach of tenancy agreement.
Even if they were in breach, it doesn't mean they cannot rely on this evidence.
Even if you were mentally ill, I'm afraid you can still be subject to an ASBO. The view you will meet with in court is that whatever your difficulties your neighbours still have a right to live without anti social behaviour.
Customer: replied 2 years ago.

even though the neighbours was threatening me and causing me to end up ill

Expert:  Jo C. replied 2 years ago.
Even so.
The difficulty is that threats may amount to harassment but you didn't report it. Even if they do that does not cause mental illness. Even if it did, you still have to behave in a way acceptable to the courts.
With these neighbour disputes the truth usually is that there is some wrongdoing on both sides. It is rarely wholly one person's fault. That is not a defence.
Customer: replied 2 years ago.

i did report it when the cctv camera went up. the council ignored my complaints . they lied to me saying it wasn't pointing in my garden.

Expert:  Jo C. replied 2 years ago.
That may all be right.
It is not a defence.
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