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cosmic88

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  1. Hi Stu, thank you for your reply. I've not got files on me right now but I'll try to answer without: I'm not sure if I'm using the terms correctly, the leases explicitly state we are 'not to have or knowingly permit pets (animals, birds and reptiles - it is a list) on the Premises'. The director/landlord mentioned a high court case from last year (apologies as I can not remember the name) and said it looked like if we gave permission for pets then the company would possibly breech all leases. We were given paperwork with voting rights in it that came with lease. I will take a look as it might have the answers thanks for jogging my memory. I thought that we were some kind of residents association. We all have an equal share and one of us is the director and does the accounts and pays the bills. The director is heartless and the covenants will be followed, that and our neighbour is very headstrong and this could end up in court and cost a fortune really. I'll put forwards the residents association to neighbours if anyone agrees on that. Thankyou
  2. @Ethel StreetYes, I tend to agree but I'm hopeful that he is just being a lad and saying it to be outrageous or something. At the end of the day it will only delay the inevitable as it is in the lease and must be paid at some point. I'm just trying to play devil's advocate at the moment, I don't understand him sometimes. A couple of the tenants who have experienced the bad temper would revel in glory at getting the fence pulled down... I'm keeping as quiet as a mouse.
  3. Thank you all for your thoughts. I presumed that the rule was worded in that way for the landlord to retain control over the fences. They could not reasonably object to like for like replacements in my mind but it allows some leeway. Yes, very late as he's pretty much finished. All our leases are the same, the wording is from my copy and is exact. We might have a saving grace though (I probably should have mentioned this), our landlord is a management company with all of us owning a share. If I can get enough support, could we vote to allow the fence despite the lease term? Would it have to be unanimous to have everyone accept the breach? I've talked with the director regarding pets in the past and he stated that to allow pets in contravention of the lease would put the landlord in breach of all the other leases and it was easier long term to enforce the covenant than to not. I'm not entirely sure that our man has paid his service charge either, well he claims he hasn't on grounds of poverty. Although, if he has money for fences yet cannot afford the service charge... it is not looking favourable for peace. I think we're OK on the planning wild card, just read through that. I think I might go look at holidays just in case.
  4. Hiya, Could someone please clarify if the following lease term applies to our neighbours fence? The property is a leasehold ground floor maisonette. We've tried to urge caution that the landlord may not be able to consent to his new fence after the fact, if the work qualifies. He should check first, but he's started today. Rather than repair the fence (standard 6ft, panels) like everyone else in like for like manner, he has opted to replace the fence entirely in a completely different style, made it a foot taller and moved the gate to the other end of the garden (on same access path, but further down than before). Not to erect any wall, fence or gate or other boundary feature which exceeds the height of 1 metre without first obtaining the consent in writing from the Landlord. The problem is that he has a very bad temper and the landlord could make him take it down potentially and we don't want him to get himself in more trouble if we can help it. I can't stomach any more shouting matches outside my door... can anyone put my worries to rest? Thanks!
  5. Thanks Cod. RPI. If it worked I would not have received a penalty fare. The "system" was circumvented in this situation by using outside influence. Don't pay your rail fare fines, says Ken Livingstone (who once led a crusade against the ticketless traveller) | Mail Online Take a look at the hypocrisy of it all when known politicians are let off the hook even though they should be fined according to the decree of a flawed law. It's subjective to the officer issuing a ticket.
  6. Well I'm now ****ing myself laughing. Mostly @ RPI Just received letter informing me that the Penalty notice has been cancelled. Fantastic that the law does not work to protect people and can be overridden by common sense. The RPSS officer was out of order, and I will send in my complaint specifically about his conduct. I sincerely hope that he loses his job given other people have complained about him. Southeastern Trains are really in some political bother about the cuts to services in Kent Goody gumdrops! May it cost their Shareholders dear!
  7. I forgot to finish my unpleasant post earlier to sincerely thank old-COD. You have been a great help in making me understand that I have to pay the fine. Please excuse my venting, it's due to aforementioned childhood experiences of being blamed for something I view as unfair. I get unbelievably wound up by thinking about the people involved.
  8. I suppose you would expect me to go shoot someone now after posting a traceable frustrated tirade on the "internet"? You're calling me an idiot? lol. I think you will find on the "internet" anything you read(as with much in life) should be taken with a pinch of salt. You'll learn this eventually. "frickin'" is not a swear word. I cite Battlestar Galactica's use of 'Frack' as acceptable for public viewing before the watershed. I have not blamed anyone else for my actions. I find that I have been treated like a criminal without a hearing somewhat going against what is seen as justice. I've been fined for being honest going to pay a ticket. I could have not met the Fining Officer had I simply borded a train not 10 feet from where I disembarked. The fining officer is not very nice for accusing me of lying, then lying himself. Absolutely nothing in this situation would be construed as fair and just for the average man on the street. I've taken the matter up with the MP for my constituency. After a brief conversation on the phone, after a letter appealing for help, I have received a promise to have the matter looked into. We shall see how this unfolds in the coming weeks. It's so exciting that I could potentially go to Jail! (dx100uk, yes sarcasm doesn't work in text form we know....)
  9. Yes. I am a criminal. I am evil. I totally deserve to pay for a service I have not received. I deserve no appeal. It is all my fault. I'm so (edit) stupid. Throw away the key!! I don't get how anyone can do the job they do. The potential risks outweigh the reward. I think the line about (edit), (edit) and (edit) in Team America sums it up. I just hope none of these parasites end up in my care. They'll regret it. What goes around comes around. An eye for an eye. Anyone can make mistakes, we're all human. C'est la vie. Au revoir.
  10. OMG I hate back packers! There was a group of people standing in front of the ticket machine I feel so gutted!!! Wrig, I don't live in the area. I was dropped off to take train as I thought it would be cheaper! TODO: I've got a huge bit of card to write a cheque to the [email protected] (totally worth the postage). They can shove it up their ass if they want one from my cheque book(which I cannot seem to find at the moment). I'll offer to replace it with a bigger one on balser wood but that will be subject to a £57 admin fee. I'll send it recorded delivery, take photos of envelope contents, and have two people witness me send it. That should add some cost to their processing of the legally acceptable payment. I will get some amusement out of this! Thanks COD. You are a star!
  11. Thanks again. They say there was a ticket machine at High Brooms but I didn't see one for the 3 minutes I was at the station. Given the train I boarded stood at the play form for just over a minute. It just not worth travelling there to check and take photos. How is it reasonable to wait 40 minutes just in case I can find a ticket machine? The only ticket machine I saw was in the locked office, they should man the office during operating hours!! No one else bought tickets. Just my dumb luck for being honest and going up the stairs at Tonbridge to pay at the earliest opportunity. In theory I would be financially better off if I never buy tickets and just pay penalty fares. It is totally retarded. I also believe there was an element of routine prejudice exercised against me at the time as I was wearing tracksuit bottoms and a T-shirt(yeah some people wear it for playing sport these days!). I think I'll lodge a complaint to the TOC about the officer. Should I pay the fine now or wait for response?
  12. It's not illegal to heap sarcasm on a job well done. I'd film it if I did bump into him, just to be safe. The thing I don't get about this whole process is that if I had no intention to pay it would be theft and prosecuted under the Theft Act 1968. "If a criminal offence is suspected such as travelling with a view to avoiding payment of the fare or using a ticket knowing it to be invalid with a view to defrauding the train operator, then action is taken not under the Penalty Fares scheme but under the Theft Act 1968" -Stan Brown, Solicitors Regulation Authority By issuing a penalty fare notice they are admitting that you intended to pay the fare. The stumbling block for the TOCs is that they have to prove I had no intention to pay the fare in the first place, if they decide to prosecute. The RPSS(IPFAS whatever) is actually engaged in criminal activity (blackmail under the Section 21 of the Theft Act 1968) because they threaten prosecution over what is a disputed civil debt. These threatening letters are making my blood boil and I'm not feeling terribly well from this experience. Am I talking absolute garbage here? Got out my card to pay but can't do it....
  13. Thanks for spelling out for me Old Cod. I guess I will pay. A nice 4 foot long cheque should do it. I'm just off down the bank to confirm what is legal. I'll do recorded delivery take photos of evidence. It'll cost them money to cash it. Ah the spite is flowing freely! (may just do a normal method of payment, but alleviating anger with humour) Heaven help me if I meet the officer involved again. I'll shake his hand for being such a stand up bloke! Thanks everyone here for your time!
  14. I got on at High Brooms station. The ticket office was closed and I could not see a ticket machine. It was also the first(and last) time I've used High brooms station. Several other passengers that arrived at the same time as myself boarded the train to Tonbridge having not bought tickets as they attempted to enter the locked office. I find it unreasonable to not board the train and wait for 40 minutes looking for a ticket machine that may not be there when I usually get my ticket off a conductor. The conductor has never ever warned me that I should buy a ticket before boarding the train, so as I saw it it was acceptable to board the train. While on the train I walked along 3 carriages looking for the conductor(no opportunity) before I reached Tonbridge. To clarify, the officer incorrectly wrote down my address. I provided the correct details verbally. He obscured the address with his hand as he pointed to where I had to sign. His mistake meant the letter(I was told I would receive after asking how to appeal) went to my next door neighbor who was on holiday. I received the letter (my first correspondence) on day 21. The penalty fare notice was not handed to me and the officer has covered his back by writing "issued and found on floor" at the top of the notice. This officer made two mistakes. I can prove that he wrote my address incorrectly. I can prove I did not have possession of the penalty fare notice. The officer is human and error can happen but the fact he has lied is absolutely despicable. I can understand he probably has targets to reach but relying on the untouchable nature of his position is unfair. I never had a chance to make my appeal in time without knowing what to do, I was waiting on the letter I was lead to understand that I would receive in the post. So far as I am aware.. I have broken no law. The only illegal activity would have been to provide incorrect details to identify myself. This is totally unfair/bizarre situation. The fact that I was caught trying to reach the ticket office when I could have continued my journey proves that in my view I was making a reasonable attempt to pay. Making a reasonable attempt to pay is the the only item in the law that I can find to support my case and I can demonstrate that I made the attempt in court. Judges aren't stupid and the law is very hazy on this point as there is no definition of "reasonable attempt". Due to their mistakes I missed the opportunity to appeal. I can prove this was their fault bar the penalty notice being issued. Due to missing the deadline they dismiss any appeals I make out of hand. I have informed the RPSS that I am withholding all payments until I am given an opportunity to appeal. I guess I write to Southeastern Rail and lodge a complaint. Would you agree that would be the next best course of action given that I am not paying a single penny until I am treated fairly. I have no problem going to court. The law is meant to protect civilians from criminals. I know, I know I'm very stubborn. I have a bee in my bonnet from childhood about being accused of things that were not my fault. I can't control how angry I get in these situations but fortunately the RPSS officer is not here right now. Sorry if I have not cleared up questions you've asked. I'm heavily dyslexic, so ask me in bullet points and I'll answer directly.
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