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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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ACS:Law copyright file sharing claims, Gallant Macmillan - and probably some others along the way...


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Great looks like they are up to their weird and wonderful fishing tactics again.

 

Every body google Acs law questionnaire if you haven't already heard.

 

I am still wondering should i even reply to the 2nd letter. If so what do i write?

 

I'm ignoring any letters they send. I responded to the first one and invited them to take me to court so unless they take me ot court they'll get no further correspondence.

 

It's up to you what you do but that's my stance, rightly or wrongly i do not know.

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I'm ignoring any letters they send. I responded to the first one and invited them to take me to court so unless they take me ot court they'll get no further correspondence.

 

It's up to you what you do but that's my stance, rightly or wrongly i do not know.

 

 

Shaggy,

 

It's my opinion that to send one single LOD is the correct thing to do, but to clearly state that no further correspondance will be entered into. That way it could be considered harrassment if further letters are sent requesting more information and offers of settlement, questionnaires, etc.

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Shaggy,

 

It's my opinion that to send one single LOD is the correct thing to do, but to clearly state that no further correspondance will be entered into. That way it could be considered harrassment if further letters are sent requesting more information and offers of settlement, questionnaires, etc.

 

That's exactly how I've judged and played it.

 

Provide evidence or quit sending me letters!

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Just a quick matter that i need help with, my last dealings with ACS Law was my second LOD sent on 1/8/09 which was in reply to a letter stating that they would not accept my first as it was a template.The second LOD stated again I had done nothing wrong and had refered the matter to SRA etc. I have moved house as of 19/2/10 should I give ACS Law my new address.

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Just a quick matter that i need help with, my last dealings with ACS Law was my second LOD sent on 1/8/09 which was in reply to a letter stating that they would not accept my first as it was a template.The second LOD stated again I had done nothing wrong and had refered the matter to SRA etc. I have moved house as of 19/2/10 should I give ACS Law my new address.

 

I am likely going to be moving house within the next few months and have also wandered about this. My plan is to have the mail redirected for a year and not tell ACS Law my new address. My feeling is that I would have taken reasonable steps to make myself available to recieve correspondance.

 

I don't think it is unfair to assume that if ACS Law were serious about persuing their ridiculous claim, they would have done it within what would be, by that time, a year and a half since their initial letter.

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Aaaaaaghh help, just found this website and have read all these posts, I recently had a form from ACS unfortunately as I suffer from Anxiety and Depression(for which I am taking prescribed medication from my GP) I unwittingly filled in their forms and have paid a sum of money and agreed to pay instalments to them.Can I stop, complain, what should I do.

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Movies - News - 'Hurt Locker' producers sue filesharers - Digital Spy

 

The Hurt Locker reportedly appeared online six months before its theatrical release.
Says it all really - go after those that grabbed it ( possibly by IP ) rather than keep your own house in order.....

 

Terran

ACS:Law Dont Accept Photos But I Unfortuntly Admit To Owning The CD :|
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Today received 2nd Letter from ACS now doubling the amount to £990 as i sent letter of denial to first letter - shall not reply and shall not pay. I have already contacted the SRA after first letter and they are dealing with the matter, i shall also inform them of this letter.

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I have also received my 2nd letter from ACS Law, stating that I have responded using a template, etc. The amount has doubled to £990 also (Notice of offer to settle - Part 36). The amazing thing is that they have spelt my name wrong on the letter. Not sure what to do at the moment.

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I to recieved second letter today - amount also £990. I find it ironic that in their letter which is clearly a template, they say they refuse to accept my letter as it is "based on a template letter from the internet." I didn't even use a template!

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Not really sure what to do, I changed the wording so that it was not identical to the template. I took legal advice following receiving the first letter, they told me to respond back, which I did. I think that I will have to send a 2nd letter of denial and make it very clear that I will not be corresponding any further with them. If they wish to take me to court then they can gladly do so.

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@zero flight,

 

Thats pretty much the same as what I intend to do. I will write once more to reiterate my inocence, state that I will not be corresponding following this and that I will consider any further letters from them as harassment. I didn't do it, I can prove I didn't do it so if they want to take me to court it will be a costly mistake on their behalf.

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Just found this post and trawled the lot! A friends had this letter and me being a cagger I said Id check up.

 

Got them to ring their service provider and apparently they arent the first person with the exact same named file to ring them today.

 

ISP also said they have to give out that information by law and do not need a court order to do so, but they are getting court orders for bulk IPs several thousand at a time I assume thats why some have said the court paper looks photocopied?

 

 

Hope this might help any others reading the thread.

Edited by summer30
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Just found this post and trawled the lot! A friends had this letter and me being a cagger I said Id check up.

 

Got them to ring their service provider and apparently they arent the first person with the exact same named file to ring them today.

 

ISP also said they have to give out that information by law and do not need a court order to do so, but they are getting court orders for bulk IPs several thousand at a time I assume thats why some have said the court paper looks photocopied?

 

 

Hope this might help any others reading the thread.

 

They DO need a Court Order. ACS Law got one to force ISPs to hand over the information. Otherwise the ISP could be sued under the Data Protection Act for disclosing personal information without due reason.

 

The difference is how much an ISP is willing to fight the NPOs for their customers. Talk Talk said they would so they got left of the last NPO. Virgin Media made similar rumblings. Only the likes of BT and Sky (the latter no doubt for it's own personal reasons with Murdoch connections to the media) decided to roll over without a fight.

 

The template blag is a ploy to get people to pay up. If the facts of a denial are included then it could be wrote on a beer mat and sent to ACS.

 

Telling them to feck off in a polite manner and no further correspondance will be entered into would be the way I'd go, but to take legal advice is imperative.

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Sounds like they are really getting desperate before the plug gets pulled.

The recommended fine in relation to the offence is £50.

Makes the mind boggle how anyone in their right mind would pay such an amount.

 

You think the plug will get pulled on this? Like a lot of posters, I'm no legal expert, but my layman's understanding was that the OFCOM regulations and the Digital Bill do not preclude civil actions of this nature being carried out. I guess the lawmen who issue the NPOs might get a bit more stubborn if there are official OFCOM regs. on the procedure for dealing with offenders, but then, they aren't necessarily specialists in the area. One of the veterans over at Slyck read the OFCOM draft proposals and highlighted some interesting things about how civil cases should be conducted using the same procedures as criminal prosecutions. I genuinely don't know myself- but this has been going on for years with little government interest in the Shylock-esque undertones of the mass-litigation approach...

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Maybe, but the negative publicity will eventually brow beat the SRA into action and at some time word will get around to the point that it will no longer become a viable venture for ACS.

 

I worry that it will take someone killing themselves over receiving one of these letters for the press to pick up the story and end the whole debacle.

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As I mentioned in my post yesterday I have received my second letter off this disgraceful firm. I have sought independent legal advice, they have advised me to reply with another LOD. I intend to make it very clear that, that will be end of any further contact. They have also said that people are within their own rights to use templates. Also they are using legal jargon (fear tactics) to get people to pay out. So where ACS law are coming from I have know idea, they must be just grasping at straws. I have again contacted the SRA and Which, I have sent them a copy of the letter sent out to me. The person from which has been very helpful to me. This might help other people that are in the same situation.

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First Post:

hi forum

Got my first letter from ACS

Let's pretend the following:

I am (for the sake of narrative, this is fiction) guilty of DLing the 'movie' mentioned. I also uploaded it at 10kbs for maybe 2 days.

I called my ISP (in this fictinal world, O2) and they refused to comment on the case, so obviousy (is this was reality, which is it not, mr. Crossey) the briefs have been in contact with my ISP.

I am a computer illiterate; i don't know what a router password is, hell, i don't know what a router is. No one told me I would be liable for neighbours/war drivers when I signed up to my webby net contract

What is a bittorrent?

Do you have a mac address relating a nic?

Do you have me in possession of said nic with that mac?

See you in court mr Crossley.

Obviously all make believe on my part

Edited by PanchoVilla
vodka
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Been reading some posts guys, and I'm pretty mangled due to vodka and ACS freaking me out, but BBC Watchdog.. might be a two edged sword. I mean, everyone of us has DLed something, otherwise it would be "HOW DARE THEY"

This is about privacy and, more importantly, being caught.

DAMN! THEY GOT ME!

Its also about some schmuck solicitor being a goddamn jerk, which is the crux of the matter.

As far as I know, my neighbour has hacked my crappy router using rainbow tables and I thank god Mr Crossley has alerted me to it before the guy goes to the REALLY dark side. As for £495 and his really ****tily photocopied court papers with the names and dates crossed out.....

Andy, can you whistle? Just put those lips together......

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Had a letter today about a Movie that I have never even heard of. Interestingly, having got over the shock/ horror of a legal letter, I have spent time on the web this morning and certainly feel a lot calmer now... mind you.. they are only looking for 295pounds.. maybe they are trying to get as much money as possible now before things close in..

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I got my 1st letter today.

 

I found this magical template and have reworded it but as you said erlier it is in my legal rights to use a template anyways...

 

I am going to wait till monday to see my Citizens Advice Beaurau, ask them to take a look at the letter then post it off.

 

I dont know what else u can do, , has this ever just GONE AWAY?

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