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    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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Caught using someones bus pass - already have a suspended sentence


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Hi guys

 

Earlier his morning I got caught using a relatives bus pass on West Midlands Network Buses.

 

Completely my fault, I held my hands up and apologized.

I was in a rush to get to the job center as I had an appointment to tell them I was going to be starting my new job next week.

 

As I got off at the stop, the inspectors were checking the tickets and as I didn't have a photo card, they pulled me over, ran a few checks and I admitted it wasn't my pass.

I am completely broke and couldn't afford a ticket, literally.

They asked me to pay £40 there and then, but I had nothing on me.

 

The inspector said they would send a letter through the post and I would have to pay the £40 fine.

However, looking at online forums, there are some people saying they've been summoned to court for the same offense.

 

This worries me a lot as I have a suspended sentence for a motoring offense earlier this year.

Does this mean that if I get summoned to court,

and they convict me of using someone else's bus pass,

I could be sent to prison?

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Yes, if you get summonsed to Court and convicted of an offence, they MIGHT activate a previous suspended sentence.

 

Of course, that is IF they prosecute, and IF you were found guilty, so a lot of IF’s and MIGHT’s, but what else did you think a suspended sentence meant?

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moved to the transport forum.

 

there are lots of threads here for you to read

 

simply send them a grovelling letter

apologising

and offer to pay and reasonable cost to keep your name clear and your future employment prospects.

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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Thanks for the responses.

 

I have a few questions if someone can possibly answer.

 

1) How likely is it that they would prosecute? Then how likely is it that the courts would activate the suspended sentence violation?

 

2) On the ticket that the inspector served me, it says "In order to avoid legal action please ensure that settlement is made immediately by forwarding this ticket together with a cheque, postal order, or by card payment (not cash) to:-..." Then it has the address underneath. So if I was to make the payment tomorrow, would there be ZERO chance of this going to court?

 

3) if I was to make the payment immediately, can the court still prosecute at a later date?

 

4) On the back, in the extract from the conditions of carriage, it says "Standard fare means the sun of £40.00 if paid within 21 days or £70.00 if paid thereafter". Does this mean I have 21 days to pay the £40 and I would avoid ALL CHANCES of the court contacting me?

 

5) The inspector said I'd receive a letter in the post and then to make the payment once that comes. Does he mean a letter from the bus company, or from the court? Should I wait for this, or should I just go ahead and make the payment?

 

6) Is there any realistic chance nothing would come of this? Also, the DOB on the ticket is wrong, any chance I could get away with it?

 

7) I'm about to type up the letter to send to them. Should I mention I have a suspended sentence, or is that info best avoided? Not sure if that would strengthen my case as they may feel sorry, or if it would weaken it.

 

8) I'm looking to make payment by card, do I still need to write a letter? Also, would they accept card details written on paper if I send them with the letter? Like the long number, expiry, and CVV.

 

Sorry if I'm asking too many questions. I'm just about turning my life around what with a new job, and now I've got this issue to stress me out. If I had more money available, I wouldn't think twice about paying it off, but if I have to pay it off, I would have to borrow the money from a loan company. I've truly learnt my lesson and wouldn't do it again. But I just need to avoid a prison sentence.

Edited by Aaron85
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is this the ONLY time you've used the pass?...that ONE DAY

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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I am with Step Change the debt charity. They've made me a budget planner and financial statement. I could forward that to the bus company to show how broke I am.

 

I've also a history of depression, and can advise them to contact my doctor.

 

And also I have now made a bus pass in my own name. Not sure how much f all this helps though.

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why type in red leave alone......

 

I didn't see your very top line sorry.

Earlier his morning I got caught using a relatives bus pass on West Midlands Network Buses.

 

yes do this

you'll here no more about it.

2) On the ticket that the inspector served me, it says "In order to avoid legal action please ensure that settlement is made immediately by forwarding this ticket together with a cheque, postal order, or by card payment (not cash) to:-..." Then it has the address underneath. So if I was to make the payment tomorrow, would there be ZERO chance of this going to court?

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 Thanks.

 

I'm not sure why the text is coming out red. I'm new here.

 

But that sounds ideal. I'll just make the card payment tomorrow. Makes me feel better that the court will not contact me in any way. Would never do anything like this again.

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