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    • It is important that you do the reading about this subject in the sub- forum. It's not complicated but you need to be in control and I don't think you are. For instance, much of the information you need and also the case transcripts that you're looking for are in the fixed topics at the top of this sub- forum but clearly you didn't know that. You will gain in confidence if you do the reading. Particularly as it now looks as if the mediation has not worked because EVRi have stayed you up and so you may now be going to trial. You need to understand thoroughly what you are doing. We will help you and you will find our support is unstinting but you have to do your part. Please spend a lot of time reading the stories on the sub- forum especially the pinned posts at the top of the sub- forum and then start preparing your court bundle. We have instructions here for everything
    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
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Caught using father's freedom pass - **SETTLED OOC**


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because no one has posted on it for the last 1860 days.

If you need to add something to this thread then

 

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at the bottom of one of the posts.

 

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Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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  • 2 weeks later...

Hi everybody. Can I just ask, how long does it usually take to hear a response from TFL in regards to my appeal? Just a bit curious as I am not sure how long it’ll take. Thank you

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it can take weeks even months.

however the longer you don't get a reply

the greater chance they are investigating things specific to your case rather than applying a 'default' reply.

 

this normally indicates they are looking at their losses and tabulating their losses in terms of fares not paid.

 

if they are doing that , then why do it if they are not considering an OOC settlement.

 

your initial posts indicated this was a couple of times a weeks for a few months or so.....

 

in all probability this will costs you dearly in an OOC settlement...possibly like this thread..

https://www.consumeractiongroup.co.uk/forum/showthread.php?456947-TFL-misuse-Freedom-Pass-more-than-once-**-SETTLED-BEFORE-COURT-**

 

but it was a win...a worthy read.

 

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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Great thread you read and that fine is quite hefty! I only used it once a week for about a month or two so in total that’s about 10 times at most. Whatever the fee is, I will be happy to pay it as it will be a short term loss but beneficial in the long term.

 

Thanks for the reply dx. Will get back to you all not so soon hopefully haha

Edited by dx100uk
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its you job in the downtime to find and read these things too...cag is self help as well.

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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  • 4 weeks later...

anything happened?

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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Haven’t heard back yet from them. Will let you know as soon as I do for either extra advice or a massive thank you! Hopefully it all goes wel, I’ve been really depressed past month or so because I’m worried of the outcome but I hope they will see my sincerity.

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  • 1 month later...

I’ve received the letter from the courts and they intend to prosecute me for £338+£5.90 for the fares avoided.

The court date is towards the end of March.

 

Please can I get some advice as they have given me to either

plead guilty and not attend,

plead guilty and attend

or not plead guilty.

 

What do I choose?

What do I do now?

Edited by dx100uk
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as they say, plead guilty by post, plead guilty but turn up to offer mitigation and hope you get a reduction of the costs they are claiming or turn up and plead not guilty.

 

If you do the letter you will find it is what is called an absolute offence so you will most likely be found guilty and get clobbered for the amount demanded and some more unless there is something else anyone can point you towards as far as a defence goes.

 

Now if you are really broke then the guilty plea in person with a request for time to pay would seem prudent,

you then pay a fiver a week or whatever the court decids you can afford and you might get their costs whittled down a bit by pointing out you tried to settle once you realised you were in the wrong and so the investigation and prosecution costs could have been avoided.

Edited by dx100uk
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Thanks for your reply.

I understand that side but my question was not clear enough.

 

My question is

how do I try and negotiate an OOC settlement.

 

I don’t want to end up having to take this to court because I know I will lose the case and end up with a criminal record.

I am trying to avoid a criminal record and trying to see if anybody can guide me on what to do to try speak to TFL and settle it outside of court.

 

I don’t want a criminal record and I honestly can’t believe it’s lead to this.

I wish I knew all of this before any of this even happened.

My future prospers are all on the line because of this stupid mistake which really annoys me.

Edited by dx100uk
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The way to try and avoid a court case is to continue to speak to the person at TfL handling your case, as I've probably said before. Other threads here have ended with OOC settlements because the OP talked to the case handler and pleading your case.

 

There's also the possibility of going along to the court on the day with cash in your hand and speaking to the prosecutor.

 

HB

Illegitimi non carborundum

 

 

 

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Thank you for your reply.

Let’s say that I don’t get an OOC settlement,

how long will I need to serve the criminal record for?

Is it for 1 year or more?

 

Also, does anybody have the number that I can call TFL with as the letter mainly had the courts papers.

Thanks for all your help it’s greatly appreciated.

Edited by dx100uk
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as HB and EB says

PESTER THEM.

you know what it costs now.

make yourself a nuisance of the TFL phone line

ask to speak to your case number handler.

 

 

its worthy to note

and I know there was one report of them now not being allowed to accept OOC settlements

but there were two elsewhere on Tuesday, so I think that was just one case handler being obstructive.

 

ring plead your case

if that doesn't work

wait a day or so and try gain.

 

£400 is pittance to them threy should accept OOC at a monthly rate with no record.

 

you also stand a very good chance on the day too, find the cae handler, plead with tem you don't want a crimal record, offer full settlement there and then.

 

there have also been cases whereby once in court, with a guilty plea in person, a criminal record has nor been made.

 

IMHO you stand a very good chance.

 

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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Thank you very much for your replies.

 

DX, you’ve given me a lot more hope and have made me feel a lot better. It’s time for me to put in as much effort as I can to fix this issue and try get an OOC settlement. I’ll keep everybody up to date throughout the whole process. Thanks again masixvely to everybody.

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Thank you for your reply.

Let’s say that I don’t get an OOC settlement,

how long will I need to serve the criminal record for?

Is it for 1 year or more?

 

1 year for a fine, and then the provisions of the Rehabilitation of Offenders Act (RoOA) kick in, and in the majority of circumstances you don't have to reveal the conviction.

 

For jobs / circumstances where the Rehabilitation of Offenders legislation doesn't apply: rather than 1 year, it is 'never' - you must always disclose it.

So, jobs where an eDBS is required (and the application details will note it is 'exempt' from the provision of the RoOA), such as most of the jobs with patient contact in the health services, or the criminal justice system, as well as for visa applications (for example, the US government don't recognise the RoOA for the purposes of immigration / visa waiver).

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Thanks for the reply bazzas.

 

I’ve been trying to call TFL’s customer service line at 03432221234 but they are telling me to write to the address of my case handler as there is no phone line I can get through to them?

 

Does anybody know a number that I can call or can direct me of what to do next? I will send a letter if need be but I would rather speak to the case handler and show my remorse than send another letter which may take weeks to get back to me.

 

Any help here would be massively appreciated.

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There isn’t an email either. Very surprising that there’s only the case handler’s name and the address. Does that mean my only choice is to send a letter? I would much prefer any number I can try if anybody knows of one or another way.

 

Thanks for the reply HB

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Hi everybody.

 

Just spoke to someone at the IAP office over the phone. He opened up my case and I heard him take notes of everything I said. I explained to him how it would effect me and my family (mitigating circumstances) etc... he informed me that decisions aren’t made over the phone. I have to email/send a letter to them and they re-review it again and see if it’s in the public’s interest not to continue to this into court.

 

I am going to write a letter and email to them and keep you all updated.

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keep it very brief and don't waffle

have you looked at our examples here already.

 

info upon the details of email/phone will help others...IAP?

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... 

Link to post
Share on other sites

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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Share on other sites

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