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    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
    • Steam is still needed in many industries, but much of it is still made with fossil fuels.View the full article
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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In the early months of 2010, Golden Eye (International) Ltd, a company connected with the Ben Dover porn brand, decided to chance their hand at obtaining settlements from alleged file-sharers in the UK.

 

Although they successfully obtained the identities of alleged file-sharers through the court using the Tilly Bailey & Irvine (TBI) law firm, things quickly went wrong for GoldenEye.

 

 

TBI pulled out due to bad publicity and the company was eventually fined late 2011 by the Solicitors Regulatory Authority for their mishandling of the cases.

 

In September 2011, Golden Eye were back again, trying to extract money from Internet users via the previously untested route of the small claims court.

 

 

But in December 2011 it all fell apart following proper scrutiny in the High Court.

 

And now, in March 2012, unbelievably Golden Eye are back again with a third attempt.

 

http://torrentfreak.com/pay-up-or-else-bittorrent-scheme-resurrected-in-uk-high-court-120309/

 

Posted this here for info, hopefully it wont take people by suprise like acs law.

I download nothing, but always expect a letter lol :)

question everything!

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  • 2 weeks later...
Personal details of 9,124 O2 internet users accused of illegally downloading pornography are to be handed over to adult entertainment firms Golden Eye International and Ben Dover Productions.

 

The court, however, quashed his intention to write to each end user demanding a payment of £700 in damages.

 

The judge indicated that bill-payers are not liable for copyright infringement automatically just because their internet connection was used for the download.

 

http://www.dailymail.co.uk/sciencetech/article-2121049/O2-hand-details-users-accused-downloading-porn-films-Ben-Dover-Productions.html

 

http://www.bbc.co.uk/newsbeat/17525349

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  • 2 months later...
  • 1 month later...
More than 2,000 02 'porn pirates' to be sent letters.

 

More than 2,000 O2 customers will receive letters accusing them of illegally downloading porn films.

 

The firm behind the films - Ben Dover Productions - had originally applied to the high court to pursue 9,000 cases on behalf of a range of copyright owners.

 

The judge threw out all claims apart from those relating to Ben Dover and watered down the wording of letters.

 

Parent company Golden Eye did not rule out the possibility that it would be pursuing other ISPs in the future.

 

To date, it has only requested a court order to pursue alleged copyright infringers on O2's network but this may be extended to other ISPs.

 

"Golden Eye (Int) Ltd continues to monitor all ISP's for our titles and pursue online and physical forms of piracy of our content," managing director Julian Becker told the BBC.

 

Letters seeking recompense for alleged copyright offences will start going out to 2,845 O2 customers in August.

 

The Citizens Advice Bureau has agreed to help those who feel they have been wrongly accused.

 

http://www.bbc.co.uk/news/technology-18968223

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  • 1 month later...

Copied from Golden Eye's Website...

 

At the centre of our fight against piracy and the illegal distribution of our copyrights is our bespoke technology

which captures the irrefutable evidence of the perpetrators.

 

Clem Volger, a Chartered Physicist who is registered as a checked computer expert with the Expert Witness Directory,

has written a detailed report of our software.

 

 

Mr Volger work has been commended by Crown Court Judges for his work in providing clear explanations on computer evidence.

His report will be provided to court with other evidence gathered of the perpetrators.

 

Golden Eye seem to have a certain one track mind because Clem Volger is actually Clem Vogler!

 

What's more important is that Mr. Vogler's previous clients where he has supplied expert computer reports is...... ACS Law !!!!

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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  • 4 months later...

*Copyright Vultures Circle As Court Green-Lights Anti-Piracy Scheme*

 

 

Despite intervention by the Open Rights Group, an adult movie company in the UK has been given the green light to hugely expand its anti-piracy operations in the UK. The Court of Appeal told Golden Eye, a company connected with the Ben Dover porn brand, that it can start sending out thousands of cash demands to individuals suspected of sharing not only their works online, but those that belong to third party righsholders. Already the company has indicated it intends to expand its project.

 

Refusing to give up after two previous attempts failed, in September 2011 Golden Eye, a company affiliated with the Ben Dover porn brand, renewed its battle to obtain permission to chase down alleged file-sharers in the UK.

 

The battle was complex, but essentially the company was told by the High Court that it could only pursue sharers of Ben Dover content, not those who were alleged to have shared content owned by third-party companies.

 

The case went to the Court of Appeal and despite intervention by the Open Rights Group, has now resulted in the best possible outcome for Golden Eye.

 

The short term implications concern the 9,000 IP addresses currently in Golden Eyes possession. Previously the High Court ordered ISP O2 to hand over the identities of individuals associated with 2,845 of them, account holders whose connections were allegedly used to share Ben Dover movies.

 

But now, thanks to the Court of Appeal ruling, Golden Eye will now be able to obtain the identities behind another 6,155 IP addresses, those connected to the sharing of content owned by other studios.

 

�It was both illogical and inconsistent for the judge to deny the self-same relief to the other claimants merely because they have chosen to pursue their claims with the assistance of Golden Eye under arrangements which the judge had previously found to be both lawful and not part of a speculative invoicing scheme, Lord Justice Patten ruled.

 

The implications of the ruling are serious. Golden Eye can now approach companies that previously havent had the will or means to obtain court orders against individuals they believe to have shared their products online, giving them easy access to a ready-made pay-up-or-else scheme in the UK.

 

In a nutshell, the Court of Appeal just sanctioned the sending of a tidal wave of settlement letters to UK Internet account holders, the proceeds of which will enrich Golden Eye to the tune of 75% of the takings and rightsholders to 25%.

 

And according to Golden Eyes Julian Becker, things will kick off quickly. Not only will the letters connected to the first batch of 9,000 IP addresses go out in the New Year, but the company will now work on getting more rightsholders on board.

 

�I look forward to traveling to adult conferences in Los Angeles and Vegas in early January to offer Golden Eyes services to other producers, he told the BBC.

 

Individuals who are contacted by Golden Eye should read this article and write to TorrentFreak in complete confidence.

 

http://torrentfreak.com/copyright-vultures-circle-as-court-green-lights-anti-piracy-scheme-121228/

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I wonder what this judgement actually means. Does it mean that they can write to people with an invoice only ? What then follows ? I presume that this latest appeal judgement did not touch on the legal position of downloading/P2P sharing, who is liable and how much they could be liable for. At some point there will have to be more test cases taken on these issues and I cannot see it progressing much further. I thought that in the test cases earlier this years, the judge commented that there is no current law that makes the owner of an IP address legally liable.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you want advice on your thread please PM me a link to your thread

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  • 7 months later...

Now the threats have really started. I'm not the downloader as these people have suggested. but I'm also not 100% how to go about answering either.

If I've got 1 then others will be getting them too.

Edited by rhino666
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I will try and find someone who can help, but I think the way in which people were advised to deal with ACS law will probably be the correct way to proceed.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Whilst you are waiting for people to pop in.. put "ACS Law" into the Search engine above, top right hand of the screen and you will see that they were well and truly hammered in court.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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These letters are in the exact format to the ones that got ACS:Law shut down and the owner disbarred. Safe to say nothing will come of it, even if it went to court.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Despite High Court Intervention, Copyright Trolls Continue Where ACS:Law Left Off

 

 

After the ACS:Law file-sharing debacle sparked massive controversy across the UK it was decided that never again would entertainment companies be allowed to go down the same path. However, despite High Court intervention which placed limits on how alleged copyright infringers could be handled by rightsholders, there are signs that on the ground very little has changed. Pay up – or else.

 

Earlier this year Golden Eye (International), a company affiliated with the Ben Dover porn brand, began a fresh round of “speculative invoicing” in the UK.

 

It would be the first attempt at extracting cash settlements from alleged file-sharers since the ACS:Law fiasco and as such the High Court placed restrictions on how the company could deal with alleged infringers.

 

 

Many of those restrictions relate to the initial letter sent by Golden Eye (GEIL) to Internet account holders. The letter itself had to be approved by the High Court and among other things could not ask individuals for a set amount of money (a figure of £700 was originally attempted by GEIL) until infringement by the individual (and to what degree) had been established.

 

 

 

Read more : http://torrentfreak.com/despite-high-court-intervention-copyright-trolls-continue-where-acslaw-left-off-130527/

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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If you read the article I posted in post # 8 you will see that they have indeed taken up where ACS Law left off.

 

It is speculative invoicing and I am sure there will be lots of help and advice available.

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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http://www.slyck.com/forums/viewtopic.php?f=66&t=45330

 

There is some information in the link above - this was what people who had been targeted by ACS law were advised to do. Have a read.

 

Site team have been alerted and I am sure there will be advice given over the weekend.

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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pes i'd be totally ignoring them.

 

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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Thank you.

from wiki

 

In July 2012, the High Court ruled that

Golden Eye would only be granted access to data in relation to Ben Dover Production films,

not the titles by twelve other production companies that Golden Eye were acting on behalf

 

 

of (including Terry Stephen's One Eyed Jack Productions

and Justin Ribeiro Dos Santos's Joybear Pictures[74]) and would take 75% of any "damages" paid

, which Mr Justice Arnold stated "would be tantamount to the court sanctioning the sale of the intended defendants’ privacy

and data protection rights to the highest bidder".[75]

 

 

This meant that Golden Eye would only be able to target 2,845 of its original target of over 9,000 households.[76]

 

 

It was revealed in December 2012 that the IP data supplied to O2 (UK)/Telefónica Europe by Golden Eye,

from 2,850 alleged copyright infringements of Ben Dover Production films could only be matched to less than 1,000 individuals.[77]

 

I'm accused of a downloading a Harmony film NOT a bend over production. so if Wiki is correct surely they're out of their jurisdiction.

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trying to fleece people

 

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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