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Andy-H

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  1. Thanks again guys, I think it's time to save up for car insurance.
  2. Thank you for the advice BazzaS, sounds like my best option is to pay the penalty fee.
  3. @honeybee Thank you for the help. @firstclassx Firstly, thank you for the advice, I think my attitude is on par with the majority of rail users, train companies seem to operate based on the opinion that their customers don't have a choice, and that this makes it OK for them to provide a crappy service (overcrowded, late, overpriced). In addition to this, and probably for the same reason, they operate as a law unto themselves, enforcing laws when it is suitable and profitable to them. Considering your username, and seemingly bias opinion, I will wait for the advice of someone a little more "impartial".
  4. Hi all, I am writing to ask for advice on a letter I received recently regarding a train journey I made on 18th September 2013. On the date in question I was late arriving at Ashton-Under-Lyne train station, as I approached the station I saw the train (the 7:49am to Huddersfield) pulling in to the platform so I ran for the train and just managed to jump through the doors before they closed. I arrived at Stalybridge train station and exited the station by the side of the pub (as I have done on numerous occasions to have a cigarette on my way to catch my next train), however, as I approached the entrance to the station (where I usually sit on the wall and smoke) a lady approached me in a blue uniform, she asked me whether I had "just got off the train to Ashton" to which I replied yes. She then asked me whether I had a ticket, I replied, no I was going to buy one in a minute, as I have done on numerous occasions. She asked me to go inside the station with her and she would "get a ticket sorted out". I went into the station with her, she then pulled out a badge and told me she was working in conjunction with the police, this was all she said on the matter. She then said she would have to place me under caution so that our conversation would have to be recorded, she then proceeded to ask me questions such as my name, address, did I have means to pay for the ticket, did I intend on not paying for a ticket. I gave my details, she radioed through and asked for conformation of an address, and told her I had the means to pay for a ticket, and in response to the questioning of my intent, I replied "obviously not, I think a bit of common-sense wouldn't have gone amiss", this was due to the fact that I was boarding a train again from Stalybridge to Manchester Picadilly, I had previously told her it was my intent to travel to Wilmslow. She then got the station attendants to print off a single ticket between Ashton-Under-Lyne and Wilmslow with a voided fair. I have since received a letter of "PRE-COURT ACTION" informing me that I have committed an offence in law, being contrary to Section 5(3)a of the Regulation of Railways Acts of 1889 and or Railway Bylaws and they are now "preparing the case for court", if convicted of the offence, I could be ordered to pay a fine of up to £1000 and/or be sentenced to 3 months imprisonment. The Magistrates' Court also has the power to order me to pay their costs of bringing the prosecution together with compensation for any outstanding fare. The letter states "I have reviewed your case and I am, on this occasion, prepared to offer a settlement of this matter upon payment £72.10 which equates to the outstanding fare owed of £7.10, plus a contribution of £65.00 towards the costs incurred to date. This offer is made without prejudice." From what I can see the section they believe to be applicable here is the following: Section 5(3)a of the Regulation of the Railways Act 1889 states that If any person – (a) Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof; However, I think that it was obvious that my intent was not to avoid payment as I was travelling onward, produced a catalog of previous rail tickets, which I have since calculated to amount to £686.40 between 01/10/2013 and 08/06/2013. Needless to say I am disgusted that I have been treated this way by a company to which I provide regular custom. What I want to know is: - Do First Great Western even have the power to issue me a fine? - Has she conducted herself properly in the practice she has shown? - Is it in her jurisdiction to exit the train station and coach me inside to issue me a fine? - Did she in fact have the right to place me under caution, or was this "scare tactics"? - Is it correct that she has charged me from Ashton-Wilmslow without offering me opportunity to purchase a ticket from Stalybridge onwards Thank you for any help. Regards, Andy
  5. 12 months, it had a box where you could "pen it in" and we agreed to a 12 month contract, however, they agreed to change it to a 6 month contract before it was finalised, but never did it.
  6. Hi, I moved into a property around five months ago, we viewed the property and originally agreed to a 12 months fixed term contract, we then changed our minds. I contacted my landlord before we moved in and they said we could move in as soon as the contract had been finalised - so I asked, since it has not been finalised; is there any chance you could update the term to six months? They said this wasn't a problem and they would do it, the guy who did the viewing also said this was fine, he would sort it when he got back to the office. We have now been here five months and have seen another property in the same building for £495 with underground parking, white goods 1 bed (we currently pay £475 for a bedsit and my girlfriends grandparents got a parking ticket for £30 for parking in the car park outside our apartment), we thought this was a great opportunity, since our landlord charges around £550 for the 1 bedroom apartments. Today, my landlord rang me about the contractors coming to fix the washing machine (which they have already replaced with a broken one just before Christmas), so I asked them to confirm our agreement was for a six month fixed term, the said it wasn't, it was for a 12 month fixed term, I informed them that I had asked them to update it, but didn't mention that it was before it was finalised, they said that there's nothing we can do, if we decide to move out before July 2012, we will be liable to pay monthly rent of 475 until that date. I feel they have done wrong by me as: 1. I asked them to change the contract to a 6 month contract before it was finalised 2. The have failed to repair the seal around the window to this date (they informed us about it before we moved in and said they would fix it) 3. They have failed to repair the extractor fan in the bathroom (we informed them of this about a month into our term) 4. They replaced our washing machine with a broken one, then the contractors took a week to fix it (well, they're supposed to be coming on Tuesday) 5. I know(think) that they own the land on which my gf's grandparents got a parking ticket and contract the parking attendant's to give out tickets there (they got the ticket on Christmas Eve) 6. The rent is extortion for a bedsit when we can get a one bedroom apartment w/ parking space for £495, and, if I was 21, we could get a 3 bedroom house with two reception rooms for £495. This is from the tenancy agreement: 4. Ending this Agreement 4.1 The Tennant cannot end this Agreement before the end of the Term 4.2 If the Tenant stays on after the end of the Term, the Tenancy will continue but will run from month to month (a 'periodic tenancy'). This periodic tenancy can be ended by the Tenant giving at least one month's written notice to the Landlord, the notice to expire at the end of a rental period. 4.3 The Landlord has the right to recover possession of the Property if the Tenancy has come to an end and the Landlord has given 2 months' notice to the Tenant of the Landlord's intention to recover possession of the Property and at least 6 months have passed since the date of this Agreement. 4.4 If at any time 4.4.1 any part of the Rent is outstanding for 21 days after becoming due (weather formally demanded or not) and/or 4.4.2 there is any breach, non-observance or non-performance by the Tenant of any covenant or other term of this Agreement and/or 4.4.3 any of the grounds set out as Grounds 2,8 or Grounds 10-15 (inclusive) and 17 contained in the Housing Act 1998 Schedule 2 apply and/or 4.4.4 the Tenant is declared bankrupt under the Insolvency Act 1986] the Landlord may recover possession of the Property and this Agreement shall come to an end. The Landlord retains all his other rights in respect of the Tenant's obligations under this Agreement. This clause does not affect the Tenant's rights under the Protection from Eviction Act 1977. 3. The Landlord's obligations: 3.2 To insure the Property and the Contents and use all reasonable efforts to arrange for any damage caused by an insured risk to be remedied as soon as possible and to provide a copy of the insurance policy to the Tenant. 6.7 Where the context so admits: 6.7.1 The 'Landlord' includes the persons from time to time entitled to receive the Rent. 6.7.2 The 'Tenant' includes any persons deriving title under the Tenant. 6.7.3 The 'Property' includes any part or parts of the Property and all of the Landlord's fixtures and fittings at or upon the Property. 6.7.4 All reference to the singular shall include the plural and vice versa and any obligations or liabilities of more than one person shall be joint and several (this means that they will each be liable for all sums due under this Agreement, not just liable for a proportionate part) and an obligation on the part of a party shall include an obligation to allow or permit the breach of that obligation. 6.7.5 All references to 'he', 'him' and 'his' shall be taken to include 'she', 'her' and 'hers' 6.7.6 The Tenant may use the Car Park Bay[s] (if any) for parking one private motor car in each bay. All copied word for word (capitals and all) from my tenancy agreement. Is there anything I can do?
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