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newfoundglory

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About newfoundglory

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  1. Thanks for your view on this. I have already told them the claim has been withdrawn due to agreed payment, by email, and they replied before I posted a letter. I don't have a notice of discontinuance yet as that has not arrived. I did also speak to a legal helpline who shared the same view, as well as a local solicitor, so I am just going to wait and see what happens. Many thanks
  2. If you could I would really appreciate that. But i would have thought cost orders are a possibility? I did also find: 8.2 Where a settlement is reached or a Part 36 offer accepted in a case which has not been allocated but would, if allocated, have been suitable for allocation to the small claims track, rule 46.13 enables the court to allow only small claims track costs in accordance with rule 27.14. This power is not exercisable if the costs are to be paid on the indemnity basis.
  3. Long story, agreed some money before court action and ended up putting in a claim as money was not paid. Once claim was put in, some money was received from the defendant and I decided to withdraw the claim as if a settlement had been reached. The claim was for a few hundred pounds. The defendant sent acknowledgement of service less than a week ago, requesting 28 days, defending the full amount. What does this mean for costs? After withdrawing it I panicked, but rule 27.14 refers to 46.11 and 46.13: "46.13(3) Where the court is assessing costs on the standard basis of a claim
  4. Yes, a criminal "record" in some sense. Its a very minor offence. Somewhere there will have been a record created. However, im virtually certain that it would not show up on a CRB report. The reason for this is CRB reports show what is on the Police National Computer and your daughter's conviction will not have been listed as its non-recordable. In the end, the best thing to do would probably have been plead guilty anyway - for the byelaw prosecution they dont exactly have to show or prove much to secure the conviction.
  5. If it was prosecuted under bylaws (that is, a strict liability offence like you say), it would have been a non-recordable offence. This isnt too far removed from a parking ticket. Whilst a prosecution is a prosecution, I dont beleive there would have been a criminal record (or any Police National Computer entry made). I would not imagine this needs to be declared when applying for most jobs (there are probably a few exceptions, such as lawyers, accountants though) Oyster card records would really only be useful if they were trying to prosecute the recordable offence of intent to avoid pa
  6. That is a totally GENIUS letter, and I would love to see what Lloyds' response is!
  7. Actually, AFAIK penalty fares can only be issued on-the-spot by a person authorised to do so. They cannot be issued retrospectively after the event. Penalty fares are a disputed civil liability or debt, and are to be recovered through the civil courts (not the criminal courts). This is why penalty fares have never been challenged in the courts. Also, its a "one or the other", in order to prevent double liability. If you pay a Penalty fare, and are then later prosecuted you are no longer liable to pay the penalty and would be due an immediate refund of said penalty. My point was that,
  8. For the benefit of others who might read this thread..... you do not have to speak to ticket inspectors or answer any of their questions (unless they ask for your name and address). If you feel as though you want to speak, then state you are unable to make any comment. It is an offence to provide a false name and address when asked, or no name and address, but you are under no obligation to provide ID, you do not have to show who you are or that the address you have given is correct. Do not swear or be abusive. The simpliest solution is to pay the fare, but politely decline to pay an
  9. You signed a statement admitting your guilt? I wouldnt know what to suggest in that case, and would recommend you see speak to a solicitor as soon as possible to get some advice. There is a difference between not having a valid ticket, and intending to evade the fare.
  10. i'm not a lawyer, so i'm posting for information and entertainment purposes only. do not assume anything i have said is correct.
  11. Then you never intended to evade the fare.... i'm guessing the only reason you travelled without a ticket was that you were unable to buy a Travelcard on Oyster at the National Rail station, yet you had intended to buy one all along when you got to your destination. You should make a subject access request and get the information stored on your Oyster card. Thats not to say you havent comitted an offence under bylaws.... but if they try and prosecute you for fare evasion under Regulation of Railways Act 1889, you must see a solicitor. I fail to see how they could prove you had intended to
  12. Hang on, this Oyster card which had "expired".... did this contain a travel card which had expired the day before? and, had this still been valid on the day would this ticket have covered the whole of the journey you had not paid for (ie would it have had enough zones) ?
  13. Did he ask you to pay the fare? If so, did you pay it? Why do they have clear evidence you tried to avoid paying? Did you just forget to re-new your ticket? Usually its unlikely that you would be prosecuted for trying to avoid payment, as they would have to prove that was your intention. In order to protect yourself somewhat, I would recommend you make a subject access request for the whole 8-weeks of travel history that TfL hold on you (assuming your Oyster card is registered). You could use this as evidence as part of your defence in court if it ever got that far. You may stil
  14. Yes, I believe VISA offers protection to you when a supplier fails to deliver goods you have purchased using a Visa debit card. You just need to approach the issuing bank who gave you the card in order to make a claim. The money would be refunded directly back to your account.
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