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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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SKY Multiroom minibox and copyright infringement.


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This message is a copy of a reply I sent to Samantha Clark.

 

Hello Samantha,

Thanks for your message.

 

In most cases I have a lot of knowledge about consumer affairs and problems (please see my previous replies to other members). 

 

I do not have a copy of the request for advice as it was not published on your site.

 

As I remember it is about a SKY multiroom minibox that I purchased from Ireland from another seller on ebay that I wanted to use  as an extra to the already subscribed SKY Q main box and already subscribed multiroom subscription that I agreed a contract to.

 

I am a vocal entertainer and well aware of copyright infringement.

 

I cannot understand how SKY can enforce copyright infringement to enforce eBay to take down sellers adverts from selling miniboxes.

 

If the box (spur) is inactive because it cannot connect to a main box and to get the main box you have to subscribe and to be able to connect an extra box then you must subscribe extra to use it as SKY controls this option from their systems.

 

As the minibox cannot connect in any way then how can this be copyright infringement.

 

I now have a minibox that I cannot sell on as SKY has implemented a restriction to stop me from selling it on.

 

I might add that eBay have at the time of the original message had 10 miniboxes for sale/auction and these have not been taken down or removed. aken

 

 I have duplicated this message to the forum for you to pick up.

 

Many thanks

 

 

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It would be very helpful if you could post your story properly spaced and punctuated.

It's very difficult for people to follow solid blocks of text and it may dissuade some people from giving the help that otherwise you might receive.

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It is typewritten this way as it is a cut and paste from a text. It is also very explanatory in that others can understand it explaining the term of events and to warn others of the pitfall of buying and selling Sky related devices.

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Post spaced

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

 

As the minibox is a spur and cannot receive programming on its own.

It is rendered useless without a contracted Q box and subscription for multiroom being put in place. 

This then cannot be rendered copyright infringement.

 

The seller of such a box would then be correct to sell the box.

It is the buyer who would infringe copyright without having subscribed to SKY to activate multiroom authorisation. 

 

Many thanks for your help and taking the time to edit my post.

 

I have been around for a long while (a bit long in the tooth) and a bit thick :-)

Do I just leave your correction as it is or do I relist it

 

Thanks again

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this situation is a bit like the various other like devices that 'could' be adapted to receive 'free' content that is otherwise not so.

 

what did samantha say to invoke your above reply..

 

 

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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Samantha saw my post on the FB page and advised I might get assistance because I originally paid for the minibox and because of SKY`s intervention means I am stuck with a box (having left SKY) that I cannot sell on. But eBay still listing boxes for others. Hmmm very unfair and discrimatory !   :-(

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sorry, who says you can't sell it on...?? poppy cockle!

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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This is the response from eBay:-

We had to remove your listing because it didn’t follow our Enabling infringement policy. Listings or items that encourage or enable copyright or trademark infringement are not allowed

What activity didn't follow the policy



We removed your item as it was reported to us by Sky. Please note that this item is not allowed on our site. Please don't relist this item.For more information please read our help pages or contact Sky directly on: https://business.sky.com/fighting-fraud/ OR [email protected]

 

I also tried another selling website and got the same response

 

Unfortunately we have had to remove your ad "Sky Q Multiroom Minibox" posted in the category "Satellite & Cable Equipment" from the site.

We have reason to believe that your ad is offering an item that infringes on intellectual property (IP) rights.  

It is likely that the IP rights owner has contacted us to alert us to this ad. 
 

there are numerous ads of the same box being sold right now:-

 

WHat is intellectual property (IP) rights.

 

(ads removed - dx)

 

    •       

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sadly I just think you got targeted.

don't forget ebay is gov't by Luxy EU laws 

 

not much you can do.

 

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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I can always ask SKY if they want it back and pay me for it ha ha ha ha ha     As Simon says "JUST KIDDING"!

 

I suppose if anything this entry is going to be a strong advisory to not buy a mini box privately otherwise you will get stuck with it !

 

I had a look for the intellectual property IP rights :-

 

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

 

I would like to thank everyone for their advice and help   :-)  :-)  :-) 

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Thanks for that HB. As I said before I have assisted others before but just on the FB page and have enjoyed doing this.

 

So you never know I might bump into you some time in the future ha ha ha ha

 

C YA - HB

 

Shalamar138  :-) 

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