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    • Hi Firstly did you send the Formal Complaint letter I mentioned in post#6 and also did you send a SAR Request??? Right whoever that was from the Housing Association that stated they can do what they want is very sadly wrong and what they had just done by attending your property and trying to change the lock without a Possession Order from the Court is classed as an ILLEGAL EVICTION as a Notice to Quit does not give the Housing Association the Power to attend you Property and try to change the locks. You need to remember if you leave that property with no possession order from the courts and try to get the council to house you as homeless you will be classed as intentionally Homeless therefore you have no right to be given temporary housing by the Council. (as mention in my post=6). You need to do two thing urgently and they are another Formal Complaint to the Housing and to contact them by phone and not ask but demand to speak to the Housing Manager as to why they tried to carryout and Illegal Eviction without a Possession Order from the Courts by trying to change the Locks to your Property.   Dear Sir/Madam FORMAL COMPLAINT Reference: ATTEMPTED ILLEGAL EVICTION WITHOUT A POSSESSION ORDER FROM THE COURTS Today 18th June 2024 at approx XXXXhrs a Housing Officer attended my Property with a Locksmith to change the locks to my property unaware that I was in the property at the time and breaking into my property all caught on my doorbell camera. When challenged by myself on this matter that the Housing Association required a Possession Order from the Courts to even think about changing the Locks to my Property your Housing Officer was obnoxious and insisted that the Notice to Quit letter gave him all the powers he required to therefore change the Locks to my Property. What the Housing Association have just tried to do is to carryout what is classed as an ILLEGAL EVICTION as you did not have a 'POSSESSION ORDER from the COURTS' and a 'Notice to Quit' Letter does not give your Housing Association Carte Blanche to carry out such action as a Notice to Quit Letter is only the start of any Housing Association process for evicting a Tenant as your Housing Association should be fully aware of. The actions of your Housing Officer were all recorded on my Mobile Phone as well so I have full evidence of the Housing Association actions in attempting an Illegal Eviction which I will also be making the Courts fully aware of when you take this to Court to get a Possession Order. The actions of the Housing Association and specifically your Housing Officer have caused untold stress due to the above and I require an urgent meeting to explain your actions due to the above which I find absolutely disgraceful by the Housing Association and also require the following: 1. Your Eviction Policy (not the leaflet) 2. Copy of your Complaints Policy (not the leaflet) 3. Copy of your Customer Care Charter (not the leaflet) 4. Copy of your Equality and Diversity Policy (not the leaflet)   
    • the same 3 question on the n180 are asked before the mediation can begin. so you then say ... despite numerous requests dating back over 1yrs the claimant nor their sols have supplied me with requested paperwork to enable me to make an informed decision upon entering into mediation. i therefore refuse. you are doing the same thing again you did last year  https://www.consumeractiongroup.co.uk/topic/458251-linkkearns-claimform-old-barclaycard-debt-now-n244/?do=findComment&comment=5232418    
    • I'm compiling a brief list of points to state in tomorrow's mediation call.  it would seem that I have to come to an agreement of some sort. Seeing as most of the defence, lack of genuine paperwork evidence from the claimant, mild threats etc. seems to go in my favour, is it best to mediate for that agreement or to let it run to court?  Short of the 6 year rule playing out, I'm going to have to pay up somehow, so why don't I just end it tomorrow? By paying I mean, not hurling myself off a cliff.    
    • @ReuTheo Thanks very much. Coincidentally, it has now been exactly over 1 year since I sent my parcel with Evri and began my enquiries with them as to where my parcel is (and eventually coming to this forum / starting this thread). I understand how you are feeling. It's why I kept this thread active and detailed, so anyone who reads it, can clearly understand what was happening at each stage of the process, so they don't feel anxious or overwhelmed with the process through MCOL, mediation, arranging for trial, working through the WS / Court bundle, and finally going in front of a judge. The work has been put in so hopefully you (and everyone else) now has a good WS template to use and build the case. I agree the legal language and specifics are not easy to understand at first glance by layman / non-legal persons. What I found useful is reading the WS and researching some of the Acts in my own time so that I could understand the legal speak. This reading / research really helped me to have a clear idea of what the rules/laws are and how they apply to my case (and likely your case also). As you know, this is a self-help forum so you certainly got to put in the time/work to understand your case/argument. It will be worth it in the end (I say this from personal experience - given this time last year, I was banging my head against a wall with Evri and couldn't see the light at the end of the tunnel). Above all else, the team on this forum such as @BankFodder and @jk2054 are a tremendous help with getting the WS in the right state and giving guidance. Don't be afraid to ask questions on this forum - it's for your ultimate benefit (even if sometimes the responses seem harsh - don't take it personally. If my experience is anything to go by, it'll help give clarity and maybe even close a potential gap in your case). Good luck with your case.
    • Boeing's CEO defended the company and pledged that it has learned from past mistakes.View the full article
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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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Re-use of planning drawings without my permission


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I successfully applied for planning permission last year to convert a townhouse garage into habitable space. Whilst often no planning permission is required for this, there are special parameters around parking on my street which meant I needed to apply. The street is a row of about 20 identical (not mirror-image) townhouses in a row.

 

As part of my submission, I engaged an architect to draw up plans, costing around £1k. A neighbour on the street is in the process of selling their house and the prospective owner has just applied for planning permission to do the same work. The planning drawings are identical to mine, other than that the architect's details have been hidden with some different text - it looks like that was done with a white box in powerpoint or paint.

 

This is essentially theft of intellectual property although I feel it may be hard to prove. Do I have any leg to stand on to seek compensation?

 

Thanks for your help!

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I successfully applied for planning permission last year to convert a townhouse garage into habitable space. Whilst often no planning permission is required for this, there are special parameters around parking on my street which meant I needed to apply. The street is a row of about 20 identical (not mirror-image) townhouses in a row.

 

As part of my submission, I engaged an architect to draw up plans, costing around £1k. A neighbour on the street is in the process of selling their house and the prospective owner has just applied for planning permission to do the same work. The planning drawings are identical to mine, other than that the architect's details have been hidden with some different text - it looks like that was done with a white box in powerpoint or paint.

 

This is essentially theft of intellectual property although I feel it may be hard to prove. Do I have any leg to stand on to seek compensation?

 

Thanks for your help!

 

Sadly, UK case law says that information (on its own) can't be stolen.

https://en.wikipedia.org/wiki/Oxford_v_Moss

 

The issue there was that the student was able to say they never stole the paper the information was written on, as they intended to return it (and for theft, there must be dishonest intent to permanently deprive).

 

All is not lost :

if they took physical plans that weren't theirs to take, they can't face theft charges for taking the information, but could face theft charges for taking the physical medium the plans were on (the paper, or USB stick, or whatever).

 

If they didn't take anything physical but copied intellectual property they weren't entitled to, they could be sued for breach of copyright. Who owns the copyright of the plan?

How do you think they obtained a copy of your plan?.

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Copy of the plans will be on council website, so not hard to get them.

This happens all the time.

My advice: You've had your garage converted and you're happy with it.

Forget about all the rest.

If your neighbour saved £1000 by using your plans, good luck to him.

Why getting upset???

It doesn't cost you anything if he uses your plans.

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Sadly, UK case law says that information (on its own) can't be stolen.

https://en.wikipedia.org/wiki/Oxford_v_Moss

 

The issue there was that the student was able to say they never stole the paper the information was written on, as they intended to return it (and for theft, there must be dishonest intent to permanently deprive).

 

All is not lost :

if they took physical plans that weren't theirs to take, they can't face theft charges for taking the information, but could face theft charges for taking the physical medium the plans were on (the paper, or USB stick, or whatever).

 

If they didn't take anything physical but copied intellectual property they weren't entitled to, they could be sued for breach of copyright. Who owns the copyright of the plan?

How do you think they obtained a copy of your plan?.

 

sorry, but I disagree with this. There is copyright in the drawings and if they have been reproduced without the permission of the copyright owner then that amounts to a copyright infringement.

 

What you need to discover is who is the copyright owner. If you commissioned a firm of architects to produce the drawings then the chances are that the copyright invests in them and not you. Independent contractors generally speaking retain copyright in their copyright work. Employees don't normally retain copyright and any copyrights are owned by employers.

 

If the drawings have been used in the way you say then it seems to me that the best thing to do is to check with your architect and see whether they say they own the rights in the drawings. I expect that they will do. In that case, it all to their attention and suggest that because you have brought it to their attention that if they are able to recover some money from the copyright infringer, that they might like to give you something back on the money you paid to them.

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Which bit do you disagree with what I posted??

 

The bit where I give the case law that there can't be "theft of intellectual property" _on its own_ ?

 

Or the bit where I suggest the OP may have a cause of action for breach of copyright, instead, and ask who owns the copyright?

 

(As you then point out it could be the OP, the architect, or both ; we don't know what their agreement was).

 

If the copyright is still held by the architect alone the OP has no cause of action (but the architect may).

Then again : you've said that - and have agreed with me!

but only after saying you disagree with me but not pointing out where I was wrong ........

 

The OP was asking about "theft of intellectual property".

I highlighted the limits of what action could be taken for theft, a crime.

I highlighted the civil route that could be followed by the copyright holder for breach of copyright. Where is my mistake?

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Many thanks for the advice. I have taken the consensus view and notified my architect of the breach of copyright. He's grateful that I've pointed it out and is taking the matter up with the new applicant.

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