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    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
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Caught with using family's discounted oyster photo card


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Hi everyone,

 

Please could I ask for your kind help with my response to the upcoming Tfl letter

 

I am very worried about going court and getting a criminal record

 

I was stopped by a Tfl inspector for using my husband's discounted student oyster photocard yesterday.

 

Here is the situation:

I have my own standard oyster card with monthly pass and my husband (aged 25) has his own discounted student oyster photo card with monthly pass (both zone 1-2).

 

On 17 May my monthly pass expired (there is balance) which I forgot to renew

 

on 18th morning I took my husband's card (his is on monthly pass) and asked him to buy the monthly pass on my card for me as he has more time during the day.

 

He bought the monthly pass on my card immediately on that day

however we forgot to swop when we came home in the evening

 

on 19th I continued to use his card and got caught by the inspector on the bus.

I told the inspector that it was a mistake.

 

My concern is in order to avoid court and criminal records,

I don't know if I should simply explain it is a mistake with no detailed explanation or if I should tell the whole story as above.

 

I am worried that the case worker would think I am trying to evade bus fares by using my husband’s pass

- from the look of my oyster card history I started to use his the day when my own pass expired

but actually we spent the same amount of money if I had used my own pay as you go balance.

 

As we use our own card separately with monthly pass I was not aware of the serious consequences,

I didn't expect to be in such panic and the daunting thought of a possible criminal record.

 

This is the first time I have been stopped by an inspector and I have not committed any other offences/crimes before.

I would not say that I have NEVER used my husband's discounted oyster for convenience before this happened but my card was covered by a travel pass at the same time, which means we never thought of taking advantage of TfL.

 

Could you please point me in the right direction?

 

I am willing to pay reasonable costs and I don't want to go to court or get a criminal record which will severely affect the life we are building in UK.

 

My husband and I have only been here for 3 years and as English is not our primary language we are not sure about the wording / style that can help us stay out of this. Your help is much appreciated…

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what you have said above is absolutely perfect as a response to the letter

maybe slightly shorten the reason why as it reasonably obvious why it happened.

 

wait until it comes [if it does, they have 6mts, and what it specifically states you might have done]

 

you wont get a record nor a fine if you are honest, show remorse and DONT WAFFLE!!

in your letter.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx,

 

Many thanks for your input, I feel better now.

 

Sorry but could you please elaborate a bit on 'they have 6mts, and what it specifically states you might have done]'?

 

Will they say anything more than using someone else's photo oyster?

 

Thanks again.

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they have 6mts to further this

IF they wish too.

 

 

then they'll send a letter either specifically stating some rail byelaws that they suspect were breached

or they'll just say this happened, we wish your side of the story/

 

 

read a few threads in this forum you found

 

 

you'll get the idea pretty quick

 

 

there are people here that deliberately used said cards daily for MONTHS and got an out of court settlement and cheaply

[compared in so far as what damage a criminal record would do to their futures!]

 

 

yous is nowhere near that league.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes, definitely wait until you get your letter, but the point that I have highlighted below is the area that you will most likely have difficulty with

 

On 17 May my monthly pass expired (there is balance) which I forgot to renew

 

on 18th morning I took my husband's card (his is on monthly pass)

 

This makes perfectly clear to any member of revenue or prosecutions dept. staff reading it that your pass had run out on 17th and that you took your husbands discounted season and used it on 18th to avoid paying your fare that morning

 

The payment of fares, whether on Oyster, or any other form of travel ticket is timed so payment on to your Oyster can be tracked.

 

Wait until you get your letter and see what they allege

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