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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ACS Law : ACS:Law withdraw from ALL cases - BBC NEWS


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http://www.bbc.co.uk/news/technology-12253746

 

well done caggers!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ConsumerGroupsFriends.... this is some extremely good news.

 

I cant thank the people on this forum enough for the held, guidance, advice, support, time, effort, research that has been put into it all.

 

Any one who has even participated with a post to any one victim to this should be happy inside. A lot of sleep was lost over this.

 

 

Much love

 

xxxxxxxxxxxxxxxxx

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It also may not be the end of it... sorry. But until the ruling excludes MediaCAT for continuing to act on the NPO's already obtained then it's only ACS out of the picture. This needs to be finalised and MediaCAT prevented from continuing this harassment through other parties.

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Those who received such letters may pursue ACS: Law for harrassment, said law firm Ralli, which represents some of the defendants

 

Don't look past this very important point and lets keep an eye out for any such follow ups.

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To be honest, I am not that concerned about the probably fairly pointless idea of pursuing the odious Andrew Crossley or ACS:Law for harassment. I hope that Andrew Crossley crawls away into some deep, dark hole and if he has a wife, children, surviving parents, colleagues or friends they all get to find out about the disgraceful practice he has been engaged in and react accordingly.

 

I am very concerned about the precedent and the release into the public domain of the names and addresses and perhaps even the phone numbers and credit card details of tens of thousands of people.

 

Let us not forget that this was an exploitative attempt to obtain money through intimidation, the threat of significant financial loss or by means of exposure, the loss of employment and breakdown of relationships.

 

I would be far more interested if Ralli or others were to pursue the legitimacy of this sort of extortion and blackmail and if the ICO and SRA were to come down very heavily on Andrew Crossley.

 

 

Incidentally, I can't believe the sympathetic stance being adopted by the media who still seem to portray Crossley as some sort of victim of a gross injustice - a least the Telegraph appears to have chased up on his claims of bomb threats. What about the claimed accident that prevented his appearance at the first hearing, what is te truth behind that?

 

The little known Computeract!ve also deserves a round of applause :)

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I agree that the outcome should seek to close the door on this kind of threatening behaviour in future, but I for one don't think Crossley & Bowden should be let off the hook so lightly. If nothing else it would set an example to others to considering to act in such a manner.

 

Personally, I'm not interested in an ambulance chase of being rewarded for being harassed. But to punish those who acted in such a way to the extent that they lose all their ill gotten gains is surely a justified act. I don't want to see these merciless cowards benefit by so much as one single penny for this act. I'd be quite happy to recover all collected damages into a charitable donation, just as long as AC & LB can't say this has funded so much as a car payment or one drop of fuel for his Jeep Compass (not quite the Lambo or Ferrari he was expecting)!

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I am so pleased. I will never forget how I felt when I opened that letter. All the posts on here helped me make the right moves and I never sent the guy a penny. There are thousands like me. I hope he feels as bad as all of us put together. A first class S**T whose greed overcame any thoughts of the effect he had on people lives, hiding under a smokescreen of self righteous, hypocritical, double standards. Fortunately he became too arrogant, made too many mistakes and will now pay for it. Don't feel sorry for him, I hope he gets locked up

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  • 2 weeks later...
It also may not be the end of it... sorry. But until the ruling excludes MediaCAT for continuing to act on the NPO's already obtained then it's only ACS out of the picture. This needs to be finalised and MediaCAT prevented from continuing this harassment through other parties.

 

Now Judge Birss has given MediaCAT and the copyright owners involved 14 days to join the action before it faces being struck out.

 

Judge Birss had been concerned that if the case was simply allowed to drop when ACS Law pulled out, the defendants could have had the action resurrected by another firm representing the copyright holders.

The judge wants to drive the final nail in their coffin.

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Judge Birss said he had considered making an order preventing Media CAT from issuing more proceedings, but as the company had been declared insolvent this was not necessary.

 

Instead he set aside notices filed by Media CAT to discontinue the case and said: “I will hear counsel as to whether in the circumstances as they now are there if anything would be served in requiring Media CAT to apply to join the copyright owners.”

 

A spokesperson for defendant solicitors Ralli said the cases were stayed until 16 March. The claimants must discontinue within two weeks if they wish to do so.

 

Ralli and Lawdit are both applying for costs orders against ACS:Law. Coyle said he expected the judge to decide on costs in the near future.

 

In an emailed statement Crossley confirmed he had closed down ACS:Law and informed the Solicitors Regulation Authority (SRA). Crossley said he would not comment further.

 

A spokesperson for the SRA said it had not yet received notification that the firm had closed. The spokesperson added that it was pursuing its misconduct case against Crossley.

http://www.thelawyer.com/acslaw-file-sharing-claims-dropped-as-firm-closes-doors-for-business/1006896.article
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There has been some speculation that some of the material that people have been invoiced for was not even owned by the copyright holders that MediaCat had an agreement with. One poster commented that they had looked into it and found that the film title that was on the invoice letter, was actually owned by a Dutch company that was no longer trading.

 

Makes you think that the copyright owners MediaCat have an agreement with are unlikely to join the action. Even if they could prove that they had copyright for the material in question, I doubt that they would wish to incur any costs, when the current actions are looking doomed. Surely if they had received positive legal advice that they could take legal actions themselves with a good chance of success they would have done this themselves, rather than allow somone else to do so, with the consequences we are currenly seeing.

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