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    • Thanks for posting up the back of the NTK. The good news s that as it does not comply with the Protection of Freedoms Act, it means that you are not liable for the charge as the keeper as I explained in a previous post.  The PC fails for two reasons. The first is that it does not specify the period of parking. All it does is list the arrival and departure times of your car. Obviously that does not include the time taken to drive to the car parking space, manoeuvre the car into the space and later drive from the space to the exit. Nor does their times include things like getting kids disabled people out of and into the car as well as things like returning the trolley whilst still being parked. All of which can add a fair bit of time to the parking period which can then be subtracted from their ANPR times and makes your actual parking time a lot shorter than 118 minutes they seem to think it is. The second reason is that they failed to ask the keeper to pay Schedule 4 Section 9 [2][e]  (e)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 You as keeper are now in the clear which is a good reason for you to contact Sainsbury  stating that you are being pursued as the keeper when you are not liable under the Act as well as the oher things I suggested in my previous post. If you don't get it cancelled with Sainsbury this could drag on for months with endless letters unlawfully pushing the price up to scare you into paying.  
    • Brilliant! That's great to hear and honestly pleased I'm wrong, my advice was out of concern. I checked some of your previous posts last night and you've been giving great advice to others at times. Bringing a claim can be serious (counter-claims etc) and it didn't appear you were knowledgeable based on posts so far. Far from an expert myself, just interested and will try to help. I'll sit on the sidelines, best of luck with the claim!
    • Thank you so much for the advice  I will try and up my savings to £500 for the next 6 months. Although I do still have an uphill battle, I feel more able to deal with it.  I hope my experience with the cifas marker helps someone else who finds themselves in that quite horrible situation. It is a huge weight off my shoulders getting it removed.
    • Believe it or not, fully familiar with the County Court process. My posts were seeking confirmation by asking questions, nothing more as an aid to people who look at this thread in the future. People should not jump to conclusions.
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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.

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ACS:Law copyright file sharing claims, Gallant Macmillan - and probably some others along the way...


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I sent a LOD off to GM nearly 2 1/2 months ago and they have stopped chasing me, no more letters at all..... Anyone else had this outcome?

 

It took GM nearly 3 months before they rejected my LOD as a template, so I sent a second LOD and have so far not heard anything more. However, I still expect another demand to drop through my letterbox anytime.

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It took GM nearly 3 months before they rejected my LOD as a template, so I sent a second LOD and have so far not heard anything more. However, I still expect another demand to drop through my letterbox anytime.

 

Really a good firm to get back to you after 3 months when they give you 21 days.. The 2nd letter will be exactly the same if they ever do get back. What a crock of shizzer...

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In which case you're not really in a position to offer an informed opinion.

 

 

 

This is why you should have read the thread before offering an ill informed opinion.

 

ACS Law are not pretending to act for anyone. They are actually acting for clients.

 

True..Many of the contract between clients and ACS can now be viewd thanks to the leak.

 

Andy

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I said my WIFI was hacked and I got a letter back saying thanks for updating your Security but to check to see if others have downloaded the file and they will take no more action.

 

Who did you get your letter from?

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How the blazes are you supposed to know who's hacked into your wifi?

 

Well..your router may keep logs, this will identify the IP address that it has given out (assuming you are using it for DHCP, most do), although this will only identify a computer name but this may give you a clue, also if you look at the 'Attached Devices' (or similar tab) it will again list the computers currently attached (either hard wired or via wifi).

 

If you read through the leaked ACS mails you will see that ACS used to drop cases where anyone used the 'wireless defence', whether specifically or by alluding to it.

 

HOWEVER ACS did later go on to reject any form of 'wireless defence' although it is not clear why they did.

 

The thinking behind the wirelss defence is that it has been established in law that a person cant be held responsible for the (unathorised) actions of a third party.

 

Andy

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Well..your router may keep logs, this will identify the IP address that it has given out (assuming you are using it for DHCP, most do), although this will only identify a computer name but this may give you a clue, also if you look at the 'Attached Devices' (or similar tab) it will again list the computers currently attached (either hard wired or via wifi).
If the average computer user knew that + how to access it they wouldn't have had an unsecured wifi anyway.

 

As said previously there is case law which states a person is not responsible for someone hacking into their connection, nor are they liable if they have an insecure wifi unless they knowingly allow them to commit an offence or copyright infringement.

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This is a long thread and a few answers needed me thinks

 

1/ where is this data about p2p etc is being gathered

2/ who has access too this data

3/ who is passing on this data

3/ who is this data being pased to

4/ who is demanding payment and where are they based

 

are we talking eu member states

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This is a long thread and a few answers needed me thinks

 

1/ where is this data about p2p etc is being gathered

2/ who has access too this data

3/ who is passing on this data

3/ who is this data being pased to

4/ who is demanding payment and where are they based

 

are we talking eu member states

 

1. It is gathered by 3rd party 'date harvesting' companies, Logistep, etc. mostly in Germany I believe

2. The date harvesters, the law companies and perhaps the ISP's

3. The data harvesters and ISP's

4. The law compaies and ISP's

5. ACS Law and GM and possibly some others, all based in london, UK..so yes..EU

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I sent a LOD off to GM nearly 2 1/2 months ago and they have stopped chasing me, no more letters at all..... Anyone else had this outcome?
Didn’t bother with a LOD, went straight for the FO letter instead. Not heard anything which is quite disappointing as I like a challenge. Harassment claim lodged through ralli solicitors. Don’t think much will come of it though, but as Dale says – you’ve got to be in it to win it.
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Got a reply from the information commissioner this morning confirming that on the evidence provided, that ACS LAW breached "the 7th principle"(keeping data safe) and that they have contacted ACS LAW to establish the facts and decide what action should be taken.

We'll see what happens !

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A MUST READ

 

Open Rights Group account of NPO hearing 4th October

 

http://www.openrightsgroup.org/blog/2010/comment-on-ministry-of-sound-hearing-part-one

http://www.openrightsgroup.org/blog/2010/comment-on-ministry-of-sound-hearing-part-two

 

ALSO.

 

This is an excellent document from "Being Threatened" explaining much of what is going on and the errors that can occur..

 

https://docs.google.com/fileview?id=0B-FtXNu_158fOTIxOGMxNzMtNGJmNi00YTcwLWJlMmUtMTJhZDg2NGIwNjlk&hl=en_GB&authkey=CL3JpeIE

 

Sorry if they've been posted before - been busy with leaked Emails

HI YA TERRY :wink:

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A MUST READ

 

Open Rights Group account of NPO hearing 4th October

 

http://www.openrightsgroup.org/blog/2010/comment-on-ministry-of-sound-hearing-part-one

http://www.openrightsgroup.org/blog/2010/comment-on-ministry-of-sound-hearing-part-two

 

ALSO.

 

This is an excellent document from "Being Threatened" explaining much of what is going on and the errors that can occur..

 

https://docs.google.com/fileview?id=0B-FtXNu_158fOTIxOGMxNzMtNGJmNi00YTcwLWJlMmUtMTJhZDg2NGIwNjlk&hl=en_GB&authkey=CL3JpeIE

 

Sorry if they've been posted before - been busy with leaked Emails

HI YA TERRY :wink:

 

Good ORG stuff, interesting reading, i am really surprised that MOS are still involved, cleraly this isnt going to be the quick n easy cash cow they thought it was and they now lay themsleves open to being charged costs (I see that CMW rejected BT's calim for £52,000 for just a weekends work, but it may well be that in the future MOS are stung with a huge legal bill), I would of thought they'd ditch it all know, it cant be bringing in that much money and they should go back to trying to entice people to buy their shoddy CD's not making money in this dubious way, it can only hurt sales after all.

 

Andy

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Something else that has occured to me is that computers do make mistakes, basically you can type in a 1 and it comes out 2, this is why on high end servers, standard RAM memory isnt used, but intstead EEC or registered RAM that performs extra checks, these 'mistakes' (where binary 0 may become 1 or visa versa) can be caused by fluctuations in electricty and suns radiation, etc

 

This could be used in an argument why you have been wrongly identified by your ISP, although more likely causes are probably human error, IP spoofing, etc

 

Andy

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Has anybody reading this had a recent letter from ACS or GM? Either a 1st letter or 2nd? If you're reading this but not yet joined the forum, it would be good to hear from you.

 

I've sent off my 2nd LOD to GM in the last two weeks. They sent me the 1st letter in July which i responded to using the template letter. Their response in September rejected my response as a template and asked me to provide evidence of any foul play as alluded to in the LOD template. They also asked me to name others who use the connection so that they can pursue them instead of me.

My 2nd LOD was short and re-stated my denial.

 

I fully expect a third letter but have told them I will consider it to be harrassment.

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