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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

SRPO

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Everything posted by SRPO

  1. SRPO
    He's not a solicitor, he is a prosecutor for the railways. However if you could get him to represent you as a 'Mackenzie Friend' in court im sure he could get you off of pretty much any charge!
  2. SRPO
    The relevant issue is whether or not there were ticket issuing facilities at the station you boarded (Sutton Common). You state your card would not work in the machine, I suggest you make an appeal on this basis. They can check whether it was your card or all cards that were being rejected, if there was a machine fault your appeal should be accepted. If you lie they will find you out & may pass the PFN to the prosecution dept of the issuing TOC.
  3. SRPO
    You posted the above, I cant see why you are confused by OC's response.
  4. SRPO
    Can you expand on this statement?
  5. SRPO
    You wont like this, but when you use oyster you take responsibility to ensure it covers the journey you are making. The were technically correct to attempt to charge a Penalty Fare & it appears they decided you didnt want that option. The only option you have now is to persuade them to let you settle out of court, this will cost much more than the original PFN. They will likely charge you with a byelaw offence that wont require proof of intent to avoid the fare, it also means you have very limited defences which from your post dont seem to apply.
  6. SRPO
    Plus railway companies dont investigate assaults.
  7. SRPO
    The 16-25 railcard must be either bought from a ticket office or obtained by opening a student bank account with certain banks that offer the incentive. They are not free & not every student gets one, the officer was quite correct to issue the PFN in my view & your son has the right of appeal. PFN's do not attract a criminal record.
  8. SRPO
    Caveat emptor.
  9. SRPO
    I asked a member of gateline staff what an 09 code was today, he said it means 'unreadable'. That would suggest that the error has nothing to do with your railcard issue, photocard is a specific term however it is generally accepted that any photo ID issued by a train company can be used as a photocard. A railcard will be issued with a photocard or will include a photo if it is a Young Persons railcard issued by a bank as part of a student account.
  10. SRPO
    I agree, the Oyster system is very unfair. TFL have a lot to answer for, its not right that some people get charged the max & some people get issued PFNs for failing to touch in.
  11. SRPO
    Is that the Andrew Gilligan article? if so there were copyright issues.
  12. SRPO
    If you intend to plead guilty there is no requirement for a lawyer, you could have a friend speak for you (with permission of the court) if you feel unable to properly present any mitigation.
  13. SRPO
    I think it follows the progression of society, the enforcement of 'law & order' is being undertaken by agencies other than the police now, just visit your local court & see how many prosecuting agencies are listed. This is, in my view, a consequence of various govt policies that attempt to massage crime figures & cut costs for political means. It will get worse as enforcement is further devolved due to budgetary cuts.
  14. SRPO
    deleted
  15. SRPO
    The problem is that the rail companies are privately owned & dont want to pay for errors made by of the public. It may seem unfair that if someone makes an honest mistake by forgetting their railcard & has to pay a charge even though they show the card later, someone has to pay for the system to check that there really was a railcard. The DVLA has the same attitude when people dont show their tax disc, pay a fine or go to court, even if you have a valid tax disc.
  16. SRPO
    Did you reply to the letter(s) they sent you before the summons? I think I can guess that your answer will be that you didnt receive one, a lot of people say that. Anyway, if you were getting a penalty it would have been given to you at the time of the incident.
  17. SRPO
    If it was ok for another person to use your season ticket there would be no requirement to have a photocard. The TOC will probably prosecute both yourself & your wife for fare evasion, the only thing you can do is ask them to settle out of court using one of OldCodja's templates. You will not get the season ticket back, they may give you a replacement to run from the date the case is disposed of.
  18. SRPO
    Yes, the regs do apply to Southern, however I cannot find a reference to PFNs being issued only to 'fare dodgers'. There is an analogy made by the SRA (now defunct) of the requirements of a car park & buying a ticket to park being the same as having a ticket to travel on the railway.
  19. SRPO
    The OP says he paid the remainder of the PFN, so the fare has been paid.
  20. SRPO
    The inspector appears to have offered you the option of a part payment toward the PFN, by refusing this you become liable for prosecution. The prosecution will take place in a criminal court & if convicted, depending on the charge will have a criminal conviction or record. Its a gamble that only you can decide on.
  21. SRPO
    If the fare involved was £2.00 then he wont be prosecuted as the fare is shown to have been paid. The only option they have if you dont pay the remainder of the PFN is county court, that remedy is VERY rarely used. Personally I would put the paperwork in the bin & chalk it up to experience.
  22. SRPO
    Frankly, the chances of winning an appeal are zero. The railcard has to be produced on demand, failing to do so leaves the traveller liable to penalty fare or prosecution.
  23. SRPO
    Do you have personal experience of this or is it just your 'belief'?
  24. SRPO
    I find freedom pass abuse particularly distasteful, its like stealing from the elderly or disabled (even though its us tax payers that actually foot the bill). I wont offer any help to the OP.
  25. SRPO
    Without seeing the statements it is impossible for anyone to say what your chances or winning/losing are.

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