Bailiff was wearing a body-worn camera

If you appear in a bailiff's video recording, you have a right to a copy.

If you are bringing proceedings for non-compliant enforcement or damage to your car, the video recording can prove whether vehicle damage is pre-existing. Ask for a copy of the recording and use it in court.

On 22 July 2019, the government moved to make bodycam usage by bailiffs compulsory.

The GDPR enables you to ask for the recording by email.

If the bailiff refuses to give the recording

Keep their response letter and give it in evidence.

When you bring proceedings, where the bodycam recording could prove your claim, you make an application on a court form N244 (without notice) to apply for an "unless order" under CPR 31.12.

The order requires the bailiff company to make over the recording within 14 days. Alternatively, the respondent's defence statement is struck out under CPR 3.4(2)(c).

The GDPR

Article 15 of the GDPR says you have a right of access to your data within one month of your request.

If the footage is not given, or has been doctored, Article 77 of the GDPR allows you to report a concern online with the ICO.

When the ICO makes a finding that the bailiff company is in breach of the GDPR, Article 82 of the GDPR enables you to sue for material and non-material damages.

Excuses from bailiff companies

You must attend our offices to view the footage. (Jacobs)

It's Data Protection Act, enclose a cheque for £10. (Marston)

The battery was flat. (Marston)

It's wholly vexatious. (Newlyn Plc)

The body-worn camera was malfunctioning. (DCBL)

You do not appear in the recording. Therefore it is not personal data. (Marston)

The bailiff's camera is often switched off in the presence of children because it could otherwise commit an offence under Section 3 of the Protection of Children Act 1978.

If you are a victim of a drive-by enforcement event and your car was towed away, the bailiff should record the condition of the car immediately before taking control of it. This protects him from a claim for pre-existing damage to the car, because bailiffs are responsible for its care while under their control under Regulation 34 of the Taking Control of Goods Regulations 2013.

GDPR request for a copy of the bodycam video

Example excuse letter refusing a request for video recording