Author Topic: A new beginning  (Read 17805 times)

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d612

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Re: A new beginning
« Reply #60 on: October 05, 2023, 08:51:58 pm »
Well depending on how desperate the aggrieved party are to acquire the information from the admin/host whatever running the website they can apply for a Norwich Pharmacal order.

This provides, if granted by the courts, for a party caught up though no fault of their own to supply information about an individual which was unobtainable by other means.

An example might be if a bank transfer had been incorrectly made and the aggrieved party wanted to obtain the details of the person to whom the transfer had actually gone they would apply for the order requiring the receiving bank to divulge the information of their customer who wrongfully received the money.

More interesting/relevant is the case of Applause Store Productions Ltd Vs Raphael where the Norwich Pharmacal order was granted forcing Facebook to supply the registrants details, email address and IP addresses
See
https://www.bailii.org/ew/cases/EWHC/QB/2008/1781.html

Or an order granted against Google forcing it to supply the required identifying IP address etc details of the persons unknown who was posting defamatory emails in Lockton Companies international Ltd vs persons unknown and Google in 2009.
 




cp8759

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Re: A new beginning
« Reply #61 on: October 05, 2023, 08:58:13 pm »
Well depending on how desperate the aggrieved party are to acquire the information from the admin/host whatever running the website they can apply for a Norwich Pharmacal order.
Of course that requires there to be a defendant who is subject to the jurisdiction of the courts of England & Wales, upon whom such an order could even be served.

It's also a civil law remedy, it's not something the police would bother with.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Southpaw82

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Re: A new beginning
« Reply #62 on: October 05, 2023, 09:39:52 pm »
Well depending on how desperate the aggrieved party are to acquire the information from the admin/host whatever running the website they can apply for a Norwich Pharmacal order.

This provides, if granted by the courts, for a party caught up though no fault of their own to supply information about an individual which was unobtainable by other means.

An example might be if a bank transfer had been incorrectly made and the aggrieved party wanted to obtain the details of the person to whom the transfer had actually gone they would apply for the order requiring the receiving bank to divulge the information of their customer who wrongfully received the money.

More interesting/relevant is the case of Applause Store Productions Ltd Vs Raphael where the Norwich Pharmacal order was granted forcing Facebook to supply the registrants details, email address and IP addresses
See
https://www.bailii.org/ew/cases/EWHC/QB/2008/1781.html

Or an order granted against Google forcing it to supply the required identifying IP address etc details of the persons unknown who was posting defamatory emails in Lockton Companies international Ltd vs persons unknown and Google in 2009.

You do know what I do for a living, right?

Tikli Chestikov

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Re: A new beginning
« Reply #63 on: November 04, 2023, 03:47:18 pm »
And how will the UK police demand anything from me?

The user's IP address is logged here by the forum software (bottom right of the user's post).

The police will get a Court Order and serve that Order on whoever is named as the owner of this site.

When the site owner hands the IP address over, the police will then serve a Court Order on the ISP who owns that IP address.

At that point, the name and address of whoever the account relates to is disclosed.  Note that the person who pays the bill might not be the person who has been posting nasty words.

It's a long shot to get the Police to jump through such hoops but it does happen occasionally.

It's not usually the Police who get involved in these types of things, it's agencies higher up the chain (so you have to have been downloading copious amounts of illegal material or posting that you're planning on blowing up the Government before you draw attention to yourself).

cp8759

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Re: A new beginning
« Reply #64 on: November 04, 2023, 03:55:12 pm »
And how will the UK police demand anything from me?

The user's IP address is logged here by the forum software (bottom right of the user's post).

The police will get a Court Order...
From what court?

And under what powers would such an order be granted?

and serve that Order on whoever is named as the owner of this site.
Named by whom? Are you talking about the owner of the domain, or the owner of the hosting platform? Please bear in mind that neither are in England and Wales, so it might be difficult to effect service and it would be even more difficult for an English court to have jurisdiction over either party in the first place.

Your entire premise therefore seems to fall flat on its face, not for the first time I hasten to add.

Just out of curiosity, have you even been to court or conducted legal proceedings? You're talking an awful lot about what the police and the courts will and won't do, but the fact that you've skimming over the obvious practical problems the courts and the police would encounter suggest you have no real experience of any of this.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Southpaw82

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Re: A new beginning
« Reply #65 on: November 04, 2023, 07:06:42 pm »
The police will get a Court Order and serve that Order on whoever is named as the owner of this site.

Great. I’m not in the UK, so I have no obligation to comply with an order issued by a UK court.

Hippocrates

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Re: A new beginning
« Reply #66 on: November 04, 2023, 07:30:30 pm »
I am not at all happy with this situation.
How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

URGENT!

PLEASE SIGN MY PETITION TO EQUATE MOVING TRAFFIC LAW WITH BUS LANE LAW SO LONDON COUNCILS MUST ATTEND HEARINGS WHEN REQUIRED BY THE APPELLANT. 

https://petition.parliament.uk/petitions/701491

https://www.ftla.uk/the-flame-pit/petition-to-align-the-llaa-2003-to-the-llaa-1996-(right-to-x-council-witnesses)/msg56899/#msg56899

cp8759

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Re: A new beginning
« Reply #67 on: November 04, 2023, 07:30:55 pm »
I am not at all happy with this situation.
What situation?
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

andy_foster

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Re: A new beginning
« Reply #68 on: November 04, 2023, 08:13:06 pm »
[quote name='Schofeldt' date='Sat, 4 Nov 2023 - 18:00' post='1797530']
Frankly, I am not of the opinion that pepipoo should not be usurped in this manner by the other site.  It leads to duplication of effort and, indeed, mix ups as to who is representing whom.

I would also state that pepipoo is, essentially, a forum which acts in a collegiate manner;  but, sadly, it appears to me that this is no longer the case.
[/quote]
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

cp8759

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Re: A new beginning
« Reply #69 on: November 04, 2023, 08:34:32 pm »
Everyone is entitled to their own opinions, but for what it's worth:

1) Pepipoo is buggy as hell. My primary issue with pepipoo is that if you go through unread threads in reverse date order, it will randomly mark a bunch of read threads as unread, so you have no idea how far you've got. There are workarounds, like opening every unread thread in a new tab, but that is hardly a practical solution. Other issues are that it often becomes randomly unresponsive, it limits the number of PMs that can be sent, it's horrendously insecure (basically anyone with basic hacking skills could break it and do whatever they want), and the media consistently refuse to mention it for somewhat obvious reasons.

2) We've got a pretty good thing going here: we have all sorts of nice features like the embedded youtube functionality, we can tweak the admin settings, and moderation activity is shared amongst a number of competent people. For instance when people post broken links, or try and fail to embed images into a post or whatever else (which happens a lot), there's a number of people who can simply fix that. On pepipoo, we'd be reliant on southpaw fixing everything for everyone, which is unrealistic.

3) Ultimately this site is maintained, the old one isn't. There are no admins around on pepipoo, and even when there were around they didn't exactly do much. During the last couple of outages, there was complete radio silence which has not ended. By contrast when we had a DNS issue on here (did anyone even notice?), I was able to get it fixed within 30 minutes and we were back online.

4) Unless something changes, we all agree pepipoo will fall over eventually.

Now, when we had no alternative I had to put up with all the issues at point 1 as there was no alternative. Now that we have an alternative that is technically and functionally better, I see no reason to give advice to people on a website that is creaking along while we wait for the wheels to come off.

I understand some people have a very strong emotional attachment to pepipoo, but ultimately our mission is to provide free and impartial legal advice to members of the public who are in need of such advice in areas of law where seeking paid legal advice is simply unviable, as Parliament has decided that legal aid should not be available and the commercial market is unable to provide such advice at affordable rates. The website to be used for such purposes is simply a means to an end, I think it is somewhat misguided to lose sight of the end and focus so much on the means.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Hippocrates

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Re: A new beginning
« Reply #70 on: November 06, 2023, 01:33:27 pm »
Noted.  As I said in the pub, I do not wish to get involved re the personality issues.  Re 4 above, I do not agree.

I will let others do what they want to do behind the scenes.

Pepipoo is a wealth of information.

New posters are confused - two websites to check PMs etc.  This resulted in a confusion of who is representing whom.

Some would say this is a one-man-band show, to coin a new phrase. Nobody doubts your expertise, cp, and I have expressed my admiration in  no uncertain terms, both personally, in writing and on the phone.

I guess that we all appear to be arrogant, myself included, when sitting behind a computer etc.

I am not happy that pepipoo has not yet been given the chance to resolve its issues and that is all.  There are several members on pepipoo who are justly aggrieved about the manner of this transference to this site.  They can speak for themselves.

Thanks for your whats app message which will remain private.
« Last Edit: November 06, 2023, 01:35:03 pm by Hippocrates »
How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

URGENT!

PLEASE SIGN MY PETITION TO EQUATE MOVING TRAFFIC LAW WITH BUS LANE LAW SO LONDON COUNCILS MUST ATTEND HEARINGS WHEN REQUIRED BY THE APPELLANT. 

https://petition.parliament.uk/petitions/701491

https://www.ftla.uk/the-flame-pit/petition-to-align-the-llaa-2003-to-the-llaa-1996-(right-to-x-council-witnesses)/msg56899/#msg56899

Pastmybest

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Re: A new beginning
« Reply #71 on: November 06, 2023, 02:31:12 pm »
Certainly for the area i have an interest and limited expertise in (civil parking/ moving traffic this site is now doing the better work, I find it no easier to use than pepipoo but no harder either

What is happening now more than it did some years ago is people representing user through to tribunal, this is fine and i have taken on some cases myself but what is detrimental to the greater community is that once a case is taken discussion on the way forward ceases We see the outcomes but do not always see the arguments put forward perhaps this could change
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cp8759

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Re: A new beginning
« Reply #72 on: November 06, 2023, 10:49:56 pm »
New posters are confused - two websites to check PMs etc.  This resulted in a confusion of who is representing whom.
@Hippocrates both the TPT and LT now required a signed letter of authority, and I've always taken the position that until I have a signed LoA, I won't do anything for anyone because I am not instructed. If we all stick to that approach, there is no risk of any duplication, assuming no OP is going to sign LoAs for two people at the same time.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Hippocrates

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Re: A new beginning
« Reply #73 on: November 07, 2023, 11:37:35 am »
[quote date=Sat, 4 Nov 2023 - 18:00]
Frankly, I am not of the opinion that pepipoo should not be usurped in this manner by the other site.  It leads to duplication of effort and, indeed, mix ups as to who is representing whom.

I would also state that pepipoo is, essentially, a forum which acts in a collegiate manner;  but, sadly, it appears to me that this is no longer the case.
[/quote]

Andy, this is yet another perfect example of conflation.  :o
How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

URGENT!

PLEASE SIGN MY PETITION TO EQUATE MOVING TRAFFIC LAW WITH BUS LANE LAW SO LONDON COUNCILS MUST ATTEND HEARINGS WHEN REQUIRED BY THE APPELLANT. 

https://petition.parliament.uk/petitions/701491

https://www.ftla.uk/the-flame-pit/petition-to-align-the-llaa-2003-to-the-llaa-1996-(right-to-x-council-witnesses)/msg56899/#msg56899
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cp8759

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Re: A new beginning
« Reply #74 on: November 07, 2023, 04:36:27 pm »
There has been much discussion about the name of this forum, I'd like to clarify that the name was chosen to be descriptive: the primary thing we do on here is to give legal advice about traffic law. Some members in the past (not any who have mentioned the issue recently) had made misguided posts to the effect that only a lawyer can give legal advice, this is not correct, at least not in the UK.

There are some important qualifications: immigration law advice is a reserved legal activity under the Legal Services Act 2007. Further to that, under the provisions of Part 3B of The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 a whole raft of claims management activities, including legal advice, representation and advocacy are caught by the general prohibition under the FSMA 2000 (contravention of which is a criminal offence) and such activities would amount to a criminal offence if carried out without a licence from the Financial Conduct Authority (lawyers, charities, trade unions and a few others are exempt), but that applies only for the following types of claim: a personal injury claim; a financial services or financial product claim; a housing disrepair claim; a claim for a specified benefit; a criminal injury claim; and an employment related claim.

Therefore to seek or obtain payment in respect of any of those causes of action is a criminal offence if one is not a legal practitioner (as defined) or otherwise exempt, even though such activities are not necessarily reserved legal activities under the 2007 Act.

Legal activities that are not caught by the Legal Services Act 2007 or by the Financial Services and Markets Act 2000 are a free for all: hence anyone can give advice about traffic law (personal injury law excepted). There is nothing on this website that suggests the advice is being given by qualified lawyers or that we are a law firm.

Advice about what the law is or what its effects are is legal advice, i.e. advice about the law. That's what most of us on here have been doing for years. If this were in any way prohibited, there is no doubt in my mind that some of us would have been sent off in chains to a hard labour camp a long time ago (at least if it were up to certain enforcement authorities).

The website's name was thus chosen, at least in part, to correct the misconception that the legal profession has an absolute monopoly on giving legal advice, it does not.

That being said, we have at least two qualified lawyers in our ranks and I am yet to see an instance where someone has been given advice, either here or on pepipoo, which if given by a lawyer could have been described as negligently given.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order