Fines and current situation

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CrAzYfOoL
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Fines and current situation

Post by CrAzYfOoL »

Well the fine appeal has been a failure,
even though the case against them was strong and the AUP is full of holes it seems that someone has fed the registar information that has no basis and thus appeals are being rejected. Basically the letter said :

The AUP was revised to include p2p from the start of this acedemic year and a copy was provided in every bedroom

DC++ is not on the list as the list is only examples of p2p and is not exhaustive

The policy banning p2p has "apparantly" been in place since 31th august 2005

The "typo" is not a material arugment and was a misunderstanding which was later corrected

The AUP states that p2p filesharing applications is not permitted it does not talk about filesharing in general (basically we gotta swap CD's whoo)

the performance of the resnet is a seperate issue

inadiquate grounds for appeal thus the matter is now considered closed and i gotta pay :'(

what a load of sp00n fed BS from ITS i say......

Let me know what u think

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echelon
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Re: Fines and current situation

Post by echelon »

I would not argue with most of that.. it'll be worthless...

EXCEPT:
CrAzYfOoL wrote:the performance of the resnet is a seperate issue
I would argue that the AUP was null & void when they did not fulfill their commitments.. therefore the performance has everything to do with ur fine.. if they didnt not give u an internet (which they didnt) then the AUP should not be valid and therefore it leaves them no grounds to fine u on!!
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cocodude
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Post by cocodude »

I think echelon has summed it up there. Why don't you send an invoice to with your fine on one side for £35 and compensation from Warwick Accommodation on the other for £35, and a balanced figure of £0 remaining to pay?

They simply haven't held up their side of the contract so I believe that it is now invalid.

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Post by CrAzYfOoL »

well yea but the letter kinda gave the impression that the performanance had no relationship to the fact the AUP was still broken even though they did not forfill their contract the point is nomatter what the rules were broken :( dnt think there is any way outta it, if i write a letter back they will just say this matter is closed...
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echelon
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Post by echelon »

well I certainly wouldn't give up.. also I might try going there in person.. if they start to ignore u... well u can always mail-bomb them?? they'll start responding after their mail servers die :P
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Post by CrAzYfOoL »

lmfao ;) that would be pritty funny :twisted: :twisted:
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echelon
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Post by echelon »

just for the record I didnt give u the idea to mail bomb ;)
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Post by BigG »

They won't be able to reply as you've just mailbombed their servers ;)
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Post by CruzerMX »

Unlucky mate, having to pay that fine is well harsh and ITS should be put to shame (......mailbomb..... :wink: :twisted: )
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Post by cocodude »

They can say what they want (and it doesn't mean it's correct), but I know that if I was in your position, I would not pay the fine. Just because they say it bears no relationship doesn't mean you don't have a valid point. Paying the fine, IMO, is an admission that you were wrong, they are right and it's the end of the story. It's a lot easier them getting money from you than it is you from them, so I'd say it was even if you didn't pay.

Or something like that.

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Post by CrAzYfOoL »

i totally agree ima pay it in 3 years at the end of my course otherwise they wont let me graduate if i have ne outstanding fines lol!
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Sentance
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Post by Sentance »

A friend just submitted an appeal today with similar arguments. However he did it on the recomendation of the Senior Tutor, who said that he had a strong case. The only real differences I think are that he didn't mention resnet's inadequate performance (assuming the response that u got) and his access was cut off over the wkend, so it took in 5 days to get in back, in which time he couldn't pay his credit card bill (yay interest), or complete an assignment for which he had a deadline, amongst other things. In short, the ST advised him to pt out that he'd already been 'punished' enough. Although I think he did still stick in a line about how he never admitted to breaching the AUP, since they never made him sign nething or recorded any alleged confession (fascist state 4tw!)
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Post by echelon »

sounds like he does have a good point.. I would probably say that everyone that got fined should involve their personal tutors/senior tutors.. it makes ur case stronger just that they're on ur side..
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Post by CrAzYfOoL »

good thinkin ima do that !! :D
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Post by Dec »

What about getting legal assistance, if uv got a lawyer in the family or something (i have) just get them to mock up some kinda letter, they make it look like u have a lot stronger case and when they know that its only for £35 thell drop it if they see there up against a professional.

Either that or if u dont know any1 the net has loads of them that u can edit and print off...

Dec
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