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Zamzara

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Everything posted by Zamzara

  1. Also since the decision in the Poker Club case, which ruled that a small element of skill is not enough to legalise what is mostly a game of chance, all of these phone-ins ought to be considered illegal lotteries anyway.
  2. I think your advice to them should be along the lines of put up or shut up, if they think the advice they have given themselves is so good.
  3. No because the necessary intent for theft is not present in that situation. With clamping it is. Clamping is only ever legal with consent, via suitable signs, and and if other conditions are met. Cite for the claim that you can deliberately detain property from those who tresspass? The only wrong is tresspass, which is a minor, non-criminal matter. It doesn't justify deliberate retaliation. There are laws. SIA regulations are not guidelines anymore: compliance is a requirement. Clamping can be extrortion or theft depending on the circumstances: BBC NEWS | England | Hampshire | Cowboy clampers given seven years On a recent Radio 5 phone-in several people said they sued clampers and won a refund.
  4. There is no general right to take someone's property just because they tresspassed. Clamping is only legal if there are clear signs, including the amount of the release fee, and if SIA regulations are followed. So if any of these things are breached then the clamping is illegal.
  5. That's certainly their explanation, but I find it totally unconvincing. You could make the same argument about any offence/punishment. It's really just a different way of describing a criminal offence.
  6. Rather than theft, what about criminal damage? Even if the car had been illegally on the road, the ECHR guarantees the right to a fair trial before any punishment is applied. It doesn't say 'apart from drivers of cars' in it anywhere.
  7. Inform your company that you consider the second demand for payment to be fraudulent, and that they are not authorized to deduct it. There are strict rules on wage deductions, even if they are agreed, and I doubt a disputed invoice from a third party is good grounds. Also report Excel to the police and Trading Standards, with proof of your initial payment. If you were mislead into believing their ticket was official, include that in the complaint. Ask your company to co-operate in the complaint.
  8. Sort of. They are supposed to release it if the applicant demonstrates reasonable cause, but in practice, they seem to be releasing to anyone who claims it, no demonstration needed. My advice to anyone who has had their details released is to ask the DVLA what steps were taken to ensure that cause was demonstrated to them.
  9. It's 10 minutes work for you or me, but remember some people have to be shown where the power switch is.
  10. I have heard this my whole life, but I've never seen an actual law to back it up. I strongly suspect it's just an excuse used by manufacturers and retailers to evade their responsibilities. Just because it's illegal to copy the software, it doesn't follow that you are not still purchasing it.
  11. Like a lot of things, it depends what your time is worth to you. For some people with a lot to spend, it would not be worth the hassle. For some on a tighter budget, this is their best option. I agree with you about Norton: they shouldn't be allowed to make untrue claims, and the SoGA needs to be enforced much better against unsatisfactory quality software.
  12. Has anyone got a link to this regulation? It would be worth its weight in gold when fighting private parking penalties.
  13. I would say in a case like this where they may have made a mistake, it is worth writing to them once and setting out what happened as you have above, but don't plead or ask for understanding, just invite them to cancel it based on the facts. If they don't proceed as normal, ignore further letters from them and respond only to debt collectors or court action.
  14. A point that is being missed is that if a till is down, it doesn't necessarily mean that any real money is actually missing. A non-existent transaction could have been erroneously entered, or refund might not have been logged. So before any money is taken from wages, the employer should at least be checking for this.
  15. I've just re-read you OP and assuming it is accurate you have nothing to worry about. Nothing can happen without a hearing, so just explain to the judge what happened, that you are a blue badge holder etc. If they show their photo, point out the the angle is deliberately designed to hide the badge and ask them why they didn't take it from a clear angle. Remember the premises you are visiting are also bound by the Disability Discrimination Act to provide you with assistance. If they actually took this to court not only would they lose, but there is a reasonable chance they would be prosecuted IMO. Even if you did lose, you don't get a CCJ unless you refuse to pay the court judgement.
  16. Like everything, it's rarely clear cut either way IMO. It's wrong to park in a disabled bay just because you're too lazy to walk further. It's understandable if there are 30 of them free and all the normal spaces are taken, and the visit is essential.
  17. They all write that for some reason: I've no idea why. It's a 'monkey see, monkey do' clause.
  18. If the sign doesn't specify an amount, then their claim is laughable.
  19. I agree not to worry, but I wouldn't be complacent either. These people do fight dirty and it requires some knowledge and advice to get rid of them.
  20. What did the signs say, and what does the ticket say? The hat isn't remotely relevant: it isn't even a parking ticket, it's an invoice for parking (probably disguised as a parking ticket).
  21. Natwest sales staff are unbelievably stupid about this. Last time they called me (probbaly to offer me some rip-off account insurance), they first asked me to confirm my dob etc to prove my identity. Me: "No, I'm not going to do that, because you could be anyone." So her response was "I can give you any information you want about your account to prove I'm really from Natwest." Nice one: you don't believe I'm really me, but you will give me private details anyway to confirm my identity.
  22. No. It doesn't sound like anything they have done is legal. If this were me, I would treat it exactly like I would credit card. Tell the police exactly what you wrote above: if they say it's a civil matter, ask them to explain why it isn't fraud.
  23. I doubt they will supply this (ironically), as it is personal data. Instead, consider asking how many requests in total by anybody, and how many granted.
  24. It would certainly be interesting to know the symptoms of the failure. I have known people who have had their computers grind to a complete standstill just through allowing too many programs to run at startup etc...
  25. Firstly, none of the issues you list apply to private tickets, which are an invoice rather than real parking tickets. They are designed to fool people exactly as they have done here. Luckily, there is little to worry about. They cannot do anything until they have taken you to the county court and obtained a judgement, so it's just a (probably illegal) scare tactic. Inform the solicitors that the debt is in dispute, and that they must not send any similar letters. If they continue, report them for harrasment and breach of OFT regulations on debt collection. There are no recent reports of people being taken to court for private 'tickets', which are widely regarded as a [problem]. The one historic case I am aware of is very unusual, so I really wouldn't worry. If the ticket is genuinely misleading as to its official nature, also report it to the police as an attempt at deception, and under the Administration of Justice Act. This will require persevernce, but I recommend it.
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