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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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Listing removed from eBay, reported by Sky Media for selling a Now TV Cinema pass VeRO abuse?


chaoticj
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Hi,

 

I've had a listing removed from eBay - apparently it was reported by Sky Media. There is no real reason as to why the item has been removed just that 'please not (sic) that this item is not allowed on our site.' and 'for more information read the help pages or contact Sky directly.'

 

The item in question was a Now TV Sky Cinema pass - I bought another couple of Now TV boxes before Christmas and didn't need the passes. As far as I'm aware the listing was compliant with eBay rules - item to be posted via Royal Mail, so not a 'digitally delivered item' or 'non-physical goods'. I believe Now TV is a subsidiary company of Sky - but they don't own it directly?

 

The link to contact Sky and for more information is: https://business.sky.com/fighting-fraud/ when you look at this it only mentions Sky Sports, about illegal use of Sky Sports programming and Unauthorised foreign broadcasts - nothing to do with what I was selling.

 

I believe when listings are removed like this it is because the company concerned are a member of eBay VeRO - 'Verified Rights Owner' programme or something. I've read in the past that companies basically abuse this, eBay remove all listings that they report which could be for a multitude of reasons. On the list of VeRO members (UK is toward the bottom of the page) I can't see Sky listed http://vero.ebay.com/

 

I hate such bullying by large companies - I've spent a while on live chat to eBay but they are adamant that I need to contact Sky and that 'if Sky allow me to sell the item, I can pass the communication onto them'. They won't give me a copy of the report, a specific number to call for eBay listing removals - nothing.

 

It feels very much like a big bully boy company (Sky) dictating an item can't be sold to another large multinational (eBay) who simply bow to them - no mistakes, no appeals etc.

 

What can I do? Has anyone had this issue before? Please help..

 

Thanks in advance..

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Hi chaoticj

 

I have moved your thread to a more appropriate forum were you should get a better response.

 

Briefly looking at your problem I would of thought that this item was bought under the terms of none transferable and not to be sold to a third party in its terms and conditions...but lets see what response/advice you get from other posters.

 

Regards

 

Andy

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Hi chaoticj

 

I have moved your thread to a more appropriate forum were you should get a better response.

 

Briefly looking at your problem I would of thought that this item was bought under the terms of none transferable and not to be sold to a third party in its terms and conditions...but lets see what response/advice you get from other posters.

 

Regards

 

Andy

 

Hi Andyorch,

 

Thanks for your helpful response. I have checked the cardboard sleeve from the Now TV Box packaging, it doesn't mention about the voucher being non transferable, it just says:

 

"Voucher inside to redeem your Sky Cinema Month Pass. Simply enter the voucher code at sign up. Voucher expires one year after date of purchase. After pre-paid period, Sky Cinema Month Pass automatically renews at its then standard price (currently £9.99 pm) until cancelled. Ongoing monthly cost, content and channels are subject to change. Sky content available depends on pack purchased... etc etc etc See nowtv.com for full terms. Information correct at 14/06/16."

 

When you look at the terms on their website, there is also no mention of vouchers/passes being non transferable: http://www.nowtv.com/terms the only mention I can find when I google it is when they have had special offers e.g. getting a free or heavily discounted pass via an offer, the terms usually state that it is non transferable.

 

With the actual passes bundled with a Now TV box, I can't find such terms stipulated anywhere?

 

Thanks in advance,

chaotic_j

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I should imagine the pass is only part of the contract throught the Now TV box purchase. The pass is not a separate tradeable item. It would be an oversight by Now or Sky, if they have not added any condition to the contract terms.

 

Ebay probably automatically delist any such attempts to resell such these passes and i am not sure you can do much.

 

If you wanted to sell the pass on, you would probably have to do it privately without advertising.

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