Throttled regardless of amount downloaded?

[greatcapp]

I was under the impression that I would only get throttled (down to 5mb) if I downloaded over 3gb during peak times ie 4pm - midnight.
Is that not the case?
The last couple of days, i've gone from being able to download at 1200kbps down to 500kbps during peak times.
Yesterday, I didn't download anything really during the day, though today I did download a lot but closed my newsreader about 3pm just to be on the safe side.
So are they throttling everyone during peak times anyway?

I'm still on 10mb btw too - not even had the upgrade yet (Northampton).

TIA

[one2escape]

see my post below. I seem to have been

[xspeedyx]

should not have been shaped might be the amount of people on the internet