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Are you a solicitor rob? I told a few people about what was going on in this latest saga and they all replied 'sounds like you need a solicitor' when all I need is the people at nominet to simply add two words to the 'after midnight' copy to make it the same as the 'before midnight' copy, where's the harm in that?
Not forgetting that I only had 14 business days and the post was late arriving to me and that Nominet wouldn't even give me back that 15th business day which would mean I am on time. How is that correct and keeping to the rules I ask you? One rule for one...
That sums up the situation for me. in this day and age i.e. not Dickensian. Right and proper guidance and all forms should be placed in a CD rom, everything in one place, not left to one's own imagination and I would have called had I thought they were open at 11pm at night. Were they?
The fact remains I shouldn't need to guess about online forms and what with 3000 cases already going through, you'd have thought this would be obvious? Make the system and proceadure more man on the street and take it from out of the hands of solicitors.
With 3000 cases going beforehand, I shouldn't need to sit there half an later after compiling three piles of papers for three different people and then thinking, well my reply isn't laid out as fancy as the complainants, now why is that?
The basics of this is, as soon as the DRS was issued I had lost that's the brutal truth, no matter how much I beleive I am correct in my arguement, the system makes me believe I've lost.
The whole event is issued free to the instigator, I paid for the domain, believe the domain to now be worth a lot more than I paid for it, believe it's use to me is more worthy than the complainants as I have development plans and it is in use for whatever reason I see fit. Yet it's caused hassled, caused me to defend and what's the next stage? Mediation.
I've done all this during a free service and all that happens is mediation? The mediation should have come first, 'without prejudice' then comes the defence building, then comes the evidence, and obviously after mediation fails, if it fails, the complainant would pay the £750, the defendent would get at least £50 of that to pay for costs and the expert can have the £700.
Instead of worrying for the best part of a month I decided, that with all knowledge at hand in that guidance sheet that I wouldn't let this freebie harrassment get me down and I will do it on the last day after spending a week at the beginning getting together the basics.
It's not the full and comprehensive reply I would have liked, indeed I'm about 350 words short and missing a lot of evidence I could have thrown in, or rather 352... it doesn't include all arguments I could think of, however given the process and the free system you have to weigh up how much of a liberty it all is compared to the stress it will provide.
I bought a domain, if Nominet are going to allow a third party to steal that from me then no argument I put forward will help, it just sums up the whole legal game and it's always been the same. I bought a domain, I didn't realise I bought a £3000 fine to keep it or me in court defending a purchase that the complainant brought for free.
So Rob, I'm afraid you can argue nominet's side until you're blue in the face, as soon as that DRS arrives the defendent is made to feel like they have lost and it's yet to be proven otherwise. The fact mediation comes first and the true results of such mediation are not known shows the system is flawed, you don't get actions like that in court, you at least know the result and what cases went to/failed or resulted in mediation.
It could be said proceedings have already begun by way of full submission accepted beforehand so the public at large have a right to know what the result was, is mediation just a glorified get a domain for £650? what does it offer, what the majority of results? We don't know but as proceedings had already begun and there's no way of building a case afterwards, one would suggest there's more than a good reason to know.
Try not to argue my initial points too much, or please do, but realise that this is my perspective from a training point of view, one shouldn't presume the person receiving the bundle and guidelines will automatically find what you want them too unless you list that guideline.
If there's a mention of online forms and a url then fair enough, I didn't see it though. Step by step and that's the website I will provide when I've finished, because I don't want others going through the same problems and asking the same questions several thousand others may have asked.
I've lost now it's up the independent expert, if mediation fails - at which point for some barmy reason you won't even know the result - to tell me why the complainant gets a domain name for free.
Furthermore, on this new website, I'll hopefully be able to run an informal dummy procedure, not procedures for dummies, whereby a a person can gain experience of a DRS before they've even been subject to one making them stronger in knowledge where Nominet's guidelines lack.
Last edited by retired_member6; 22-03-2006 at 09:09:16 PM.
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