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Hi Joey

Is this the form you filled in?

https://online.hmrc.gov.uk/shortforms/form/CeaseTrading

Hi infinity2022

The letter you receive will have directions to the next stage of the appeal process. I believe you need to write to TFL Prosecutions Department.

Here's some more info:-

http://www.tfl.gov.uk/cdn/static/cms/documents/revenue-enforcement-and-prosecutions-policy.pdf

Remember there are now two separate issues here,

1) The lack of compentancy of IRCAS.

2) The next stage in the appeal process to TFL.

Don't get the two mixed up.

I've just had a look at the link, however I have already appealed and that appeal was rejected. What's next in terms of lodging an official complaint? I see no contact details for TfL or whoever the body is for lodging an official complaint.

Concentrate on resolving the main issue, so only send the letter to Transport Investigations Limited at the moment, wait for them to respond.

Hello

 

I have today written a letter back to Transport Investigations Limited

 

I will send it tomorrow recorded delivery as suggested by rebel11 should I also send a copy of the letter personalised/amended appropriately to the TOC ? If so, to who ? the managing director ?

 

 

 

Should I also send a letter (or email) to the TOC managing director as suggested by

Hi leeward30

You should only communicate with them in writing. Don't speak to them over the phone. Send a letters, Recorded Delivery.

You don't need a solicitor, you can take them to the Small Claims Court. Start getting all the evidence together if you are sure of about your claim. The court can order them to provide you with documents once you lodge a claim.

You missed an opportunity to go to an Employment Tribunal.

There's a letter in post 10, just remove the line regarding 'The Employment Tribunal'.

http://www.consumeractiongroup.co.uk/forum/showthread.php?286291-Sample-letter-to-employer-demanding-wages-Help-please!

Some of the guys here have legal knowledge.

I don't want to make light of your situation, this has echo's of 'Plebgate', I'm still trying to get my head around the waste of money and time on all sides.

In life 'yes' has one more character in it then 'no', but is much, much more difficult to say.

Let us know how you get on.

Hi sniper101

You can now consider writing to the company as you have the reference number, in your letter quote the Ref Number on the letter. An example of a letter can be found in post no.18 in the link below. Amend it accordingly so you quote the correct railway regulation in the letter and that applies to your case, that will be stated in the letter you received from TFL. Don't copy the letter.Your letter needs to have more substance and be personalized to your particular case. Convey that you regret your actions and are apologetic as you do in your initial post. Also send photocopies of your previous season ticket purchases as proof that you pay and abide by railway regulations, this is very important. Also any other mitigating cirumstances, i.e. that you are unemployed. Post the letter up on this thread before you send it off for input.

Send it Recorded Delivery.

http://www.consumeractiongroup.c o.uk...ly-travel-card

I got the history of my oyster card printed out...also have few receipts.

Any ideas on mitigating circumstances for tfl or the court?

Hi Stu

In 1988 the rules were probably different where there was an automatic exemption from precsription. Somewhere along the line it's changed where you had to apply every 5 years and they send you an auto renewal form. Again, I couldn't tell you how long 'the every 5 years' renewal has been running. I don't think you can appeal and it is 'very unfair'.

You could consider contacting your MP, see if they can intervene. A similar situation tp yours:-

http://www.diabetes.co.uk/forum/threads/prescription-fine.68038/#post-688437

I

Hi Stu

Welcome to CAG

Could you provide further details? You have 1 Diabetes what precludes you from receiving this free prescription?

Hi Tugela

It would have been prudent whilst you were there to make arrangements, because there was a good chance under the circumstances that your former employer more then likely would said 'no'.

Was there a specific 'relocation' package when you moved out there? If so were there any 'T & C's' with that package, were costs would be covered?

'Admin error' lol, really, management pull all sorts of stunts, management say 'if I do that', then 'I might get this out come', They've already identified all the possible outcomes. They've done this many times before. It's about controlling situations.

thee we go, admin error.good!

What you need to do is read post (6), the link provides the format and what you should say in the letter. When you start arguing your case, but then wanting them not to proceed, you start eroding any desire they have to be lenient and allow an out of court settlement.

Your mitigating circumstances are that 'recovering from a recent hospitialisation for surgery'. If you can send proof, a Doctors letter etc, that would help your case.

Thank you rebel11,

 

I may be able to print or take screen shots of previously used tickets....

 

So in summary (as I need to do this tomorrow morning) I need to write in reply to Transport Investigations Limited latest letter with my apologies (should I also write to the TOC ?), explaining problems with the stability of the app also.

 

I have seen the ATW revenue protection policy webpage you sent but thank you for that I think it is relevant

 

Basically apologise say it won't happen again and provide proof of previous correct use of the mobile tickets ....anything else I should include ?

 

Is there a template letter I can base mine on ? I could not find it in the thread you quoted earlier

 

I am really very grateful for you advice

 

My legal advice was that no where in the terms and conditions does it mention activating before travel in the act under which they are alleging I contravene S.5.3.a Regulation of Railways Act (1889).

 

I think the fact this is a mobile ticket app which I did activate before completing my journey (leaving the destination station) I think is enough of a mitigating circumstance to warrant not taking this case to court. I did acitvate but at the wrong point in my journey.

Old-CodJA, my reference to 'unfairness' is that, if this fails it's the customers responsibility, if that fails it's down to the customer, if the 'app' (as firstclassx states) fails it down to the customer, the TOC take no responsibilty whatsoever.

'The app may well have "bugs", but unfortunately, ATW don't manufacture smartphones, so it is just as likely that your mobile phone has a bug, which means the app plays up, rather than the app being defective.'

9. Please note: Arriva Trains Wales cannot guarantee and is not responsible for the availability or quality of mobile phone provider signals in or around its stations or on its trains.

 

All that the TOC is saying in this instance is that they 'cannot be held responsible for the quality of another provider's service'.

 

 

That is not an unfair condition.

Write to your MP, http://www.parliament.uk/mps-lords-and-offices/mps/, you could consider contacting the local newspaper.

Lets us know what they say. Internet Archive (Google), should have past pages relevant to your complaint.

Hi Cealz14

Welcome to CAG

How did you pay them? Credit Card or Debit Card?

Do not speak to them over the phone, communicate in writing, send all letters Recorded Delivery.

The following applies Goods and Services Act 1982:-

http://www.which.co.uk/consumer-rights/regulation/supply-of-goods-and-services-act-1982

Send the following:-

http://www.adviceguide.org.uk/wales/consumer_w/consumer_common_problems_with_service_providers_e/consumer_poor_quality_service_e/supply_of_goods_and_services_act_-_services.htm

Hi Tugela

Could you provide the whole story, please? Why could you only bring one suitcase? Who has your belongings? Why are they responsible for returing your belongings? etc.

Hi LiamNotBD

Can you not print them off?, 'I have a history of old used tickets within the app,'.

When you send your letter, they will hopefully give your letter full consideration, but ultimately it is up to them how they wish to proceed on all the information they have.

What you need to do is present the best case possible so they give it full consideration and are lenient.

Also worrying over Christmas really can't effect matters, it's just a waste of energy.

This might be helpful:-

http://www.arrivatrainswales.co.uk/RevenueEnforcementPolicy/

I should like to add that I do not have previous tickets as I have not purchased any paper tickets (aside from the odd daily) since I started using mobile ticket apps...and I always destroy paper tickets once they have been used and are therefore no longer valid. I certainly would not keep paper tickets going back to 2008.

 

I have a history of old used tickets within the app, but nothing I can send them as suggested be rebel11.

 

I would like to be confident I could settle this out of court by means of an administrative settlement without this matter hanging over me over Christmas...though I guess I am not going to get a decision by then.

 

Can anyone reassure me how likely I would be to receive this option ?

 

I have had legal advice through my union

Unfortunately few of us reach 'perfection'.

OK, amazing how so many overlook the need to proof read, but there we are.

Hi Old-CodJA

Just because it's in their T & C's doesn't mean it's not 'unfair'.

The OP may always write to ATW as you suggest and certainly loses nothing by doing so rebel, but I guess that ATW may refer back to those T&Cs.

 

Condition 9 seems to have particular relevance

 

9. Please note: Arriva Trains Wales cannot guarantee and is not responsible for the availability or quality of mobile phone provider signals in or around its stations or on its trains.

These are the contact details for the founder:- 'Roger Sumner-Rivers on 07818 066359 or email [email protected] Roger will be happy to discuss your'. Not sure how current they are.

Hi LiamNotBD

No, it's not significant, but if you want to complain about the technology not working, then complain to the CEO. It's a totally separate matter to 'travelling without a valid ticket' which they have accused you of.

You can now consider writing to the company as you have the reference number, in your letter quote the Ref Number on the letter. An example of a letter can be found in post no.18 in the link below. Amend it accordingly so you quote the correct railway regulation in the letter and that applies to your case. Don't copy the letter.Your letter needs to have more substance and be personalized to your particular case. Convey that you regret your actions and are apologetic as you do in your initial post. Also send photocopies of your previous season ticket purchases as proof that you pay and abide by railway regulations, this is very important. Also any other mitigating cirumstances, i.e. recovering from a recent hospitialisation for surgery. Send it Recorded Delivery.

http://www.consumeractiongroup.c o.uk...ly-travel-card

If you want to complain about the technology (a totally separate issue), write a Formal Letter of Complaint, mark it as such. Explain what's happened, how they have let you down and what you want them to do.

Send it to:-

Mr Ian Bullock

Managing Director

Arriva Trains Wales

[email protected]

Hi rebel11,

 

The TOC is ATW

 

Is that significant ?

No, all the energy companies have the same info on their website.

Is eon npower?

Hi LiamNotBD

What's the name of the rail company?