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nuclearshark

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nuclearshark last won the day on June 26 2018

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About nuclearshark

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  1. Hi all, Having a bit of a headache with TV Licensing which I've been trying to sort out for my friend. My friend suffers from various mental health issues, is in receipt of benefits and has trouble managing their finances. They recently had a letter from TV Licensing with a payment plan over 4 months for £35 per month. This is completely unsustainable for them, instead they wrote a letter requesting a payment plan over 9 months but still within the same year. They'd pay around £8.00 per fortnight this way on the day they receive their benefits so the peace of mind is there that it has been paid. Today they received a very unpleasant phonecall from them saying they were now unlicensed, that someone would visit them today, they be fined £1,000 and have a court appearance. I know most of that is being very economical with the truth, but that is what was said. Now correct me if I'm wrong, but isn't a fine and court appearance for someone who refuses to pay or deliberately evades the license fee? Not someone who is in genuine financial difficulty so advised TVL as such and gave a repayment proposal they knew they could adhere too? Needless to say they felt very threatened and I got a panic phone call this morning which lead into a vicious argument, which I myself didn't particularly need either. Is there a way that TVL can be 'forced' into accepting the payment arrangement? Or can a deduction from benefits application be made to them?
  2. Loco2 was who I attempted to book the ticket with for travel on . They were also who I booked my actual ticket with for travel on the following day. Their terms and conditions say this - https://loco2.com/en/booking-terms-and-conditions#contract : So I'm inclined to reject that response as they should have sorted themselves out as you rightly say.
  3. Had this response just now: So time to file the claim form? Or should I approach Deutsche Bahn?
  4. Ok sent the LBC. It seems I'm the proverbial guinea pig on this one in this case. Fortunately I am entitled to HWF so my expended costs on this are nil minus time (which I probably have too much of right now) and any potential counter claim. I'll take that chance too. It also saves them being exposed to the same fees I guess too. The bit that annoys me most on this one, is the price for the same train went UP after it was reported. So it seems to me there was a factor here that allowed it to continue. From the other thread, we also know it happened more than once so it plausible it affected someone else.
  5. Hi BankFodder. Please see below: Expenses: Additional night stay in Hamburg Crowne Plaza Hotel £95.62 Train Ticket Hamburg Hbf – Cologne Hbf £72.00 Train Ticket Cologne Hbf – London St Pancras International £104.00 Train Ticket London St Pancras International – £50.90 Hotel in Brussels for 1 night £53.64 Train Ticket Brussels-Midi – Brussels Airport £16.76 Sub Total: - Minus Ticket that I was intending to purchase - £155.00 - Minus Food and Drink Expenses as Gesture of Good Will - £16.76 Sub Total: - £171.76 GRAND TOTAL: £221.16 I did have an explanation of why I wanted to travel back specifically on the day this ticket was available, but I've removed it as I don't think it's necessary any further.
  6. Thanks ericsbrother, I am only requesting compensation for my losses and wanted the court to consider an award for extended damages due to the nature of the incident, I am aware it's unlikely to be awarded. That said, now you've mentioned it I believe the Vento Scale is appropriate and this be taken on as a discrimination case. One of the disabilities in question that was 'mocked' by the bus driver is incontinence. I have a conversation with the driver explaining the disability and I have that on video as well, including how they refused to engage in any constructive conversation which denied any reasonable remedy. Another example of a reasonable remedy could have been the driver to drop me off that the same petrol station and I would wait there for the next available FlixBus service. I would have accepted that as the petrol station had a cafe and toilets and I would rather a significant delay to my journey than something much worse happening. To give an example I travelled some months ago on an Advance ticket on a train and the only working toilet became defective during the journey. The conductor contacted his control room and I was allowed to alight at the next station and wait for a later train without needing to buy a new ticket. Having read a few things online including this pamphlet from the Equality Human Rights Commission website - https://www.equalityhumanrights.com/sites/default/files/quantification-of-claims-guidance.pdf An example of a higher award should be considered and one of the items listed in this PDF is: "Where the matter relates to a private or intimate aspect of the victim’s life, for example, the bowel habits of a disabled person with Crohn’s disease" which is condition part of the Inflammatory Bowel Disease family. I have a condition under the same family which is a cause of the issue surrounding incontinence. Having evidence the driver refused to engage in any conversation surrounding the issue and other passengers getting involved I could probably aim for the middle scale if I wished. However this will probably change how the claim is made against them I am guessing? So when filing the N1 I would assume I tick the box for an unspecified sum? So far the company has refused to engage in any conversation at all and have been obstructive. I did however give them 14 days to respond rather than 7. I'm happy to go for the lower end of the lower Vento Scale as I really don't want this to be a "feel better" case and I want to honestly believe this was just a bad apple and isolated incident. But I do want it to be taken seriously enough that the company should think twice about putting defective vehicles into service in the future. Or at the very least provide a reasonable remedy for someone with such an issue if it happened again. I think I'll contact the EHRC and see what they think. Do you know of any places off the top of your head where I could look at case law to read over and supply as arguments? I'll do some more googling this morning and see where we go from there. As always thanks for your replies.
  7. At the request of BankFodder I have created a new thread on this issue. Site team if you feel it's best to merge the threads please do so. I will try to be as brief and factual as possible. The core issues were as follows: I was travelling to Hamburg over the Christmas Period to see a friend, Found a Flight Outbound, Hotel and Eurostar home. After booking the Flight and Hotel, I discovered I could not book the Eurostar ticket on either Loco2 or Bahn.de I discovered the booking engine at Loco2 and Bahn.de was advertising Eurostar Train #9129 (which only runs on Sunday) as running on a Saturday. After contacting Loco2 I was told to wait a while and attempt to rebook it, If I could not I was told to book a different train. All other trains on that day were for exorbitant amounts in the region of £400 I had to travel home the following day and compete with 2 sets of major Engineering Works on Great Western Railway, causing delay and inconvenience. This ticket was also considerably more expensive and I had an extra hotel bill in Brussels. It was suggested this was a good example of Unfair Trading - https://www.which.co.uk/consumer-rights/regulation/consumer-protection-from-unfair-trading-regulations-2008 - as the companies concerned were advertising Train services they knew were never going to run. The trains remained advertised after reporting the discrepancy and eventually the price increased the closer the time got to departure, even after it was reported as a non usable train. It was also discovered the same problem with train #9129 happened on more than 1 occasion. I believe I could satisfy the condition that the unfair practice influenced my decision to make the booking, as I had already by that point spent £200 on a Flight and Hotel for the weekend. Had I known I could not book that train, I would have made other arrangements with the trip or postponed it until January. I contacted Loco2 and their response was in a nutshell "It's not our fault, there is nothing we can do, we can only report the discrepancies" I had drafted an LBC to send to Loco2 citing CPUTR 2008 and my intention to sue. But was advised to hold off, it's in my previous thread here: Thoughts anyone? Thanks : )
  8. Referred to the ICO and a letter before claim is being sent later today. Someone in the company has found this thread or it's finally come to head office as I just went into my FlixBus account to download the invoice to work out the total costs for the LBC and found my account has been deleted with no explanation... I managed to recreate the account with the same email address, so while it is entirely possible it was a glitch... It seems too coincidental to be such. I've decided to claim for the following: Both outward and return FlixBus tickets (After all the Driver said I'd never be allowed to travel again...) £85.00 Airline Ticket €223.99 (Economy Class to final destination) TGV Ticket from Calais an Airport €75.00 (2nd Class) Bus Ticket (Unknown Location - Calais Station) €1.70 Extra Night (Friday) in the Hotel I had already booked for the Saturday Night £75.00 Injury, Distress, Inconvenience etc ... Undecided on the amount. Probably £1,000 I'm going to give them 7 days to respond to the LBC which takes us dangerously close to 22nd March 2019. If they end up deleting the footage then thats tough luck on them I guess.
  9. Just an update. I'm having a real headache with this now because the Courts have well and truly made a complete hash of my case. I filed action in the County Court against the company via Salford County Court Money Claims Centre. As the defendant is in the USA I had to self serve them the papers which I did by registered and tracked post. They received them and contacted me but to date an amicable agreement has not been made. Fast forwards and after 3 weeks I heard nothing from them so I requested judgment by default. I was advised to complete forms N225, N215 and N244 with a £100 fee to request judgment outside of jurisdiction. It later transpired a day after I filed these documents the court received a part admission of the claim with supplementary defence. I rejected the part admission as it did not satisfy my situation. I received my Judgment against them on 04/01/2019. A few days later I received a letter saying someone had Set Aside the Judgment because I had not satisfied CPR 12 and CPR PD 12. I filed a complaint against this as this is what the N244 and N215 was for. It was referred back to a Judge for a second time who states the Judgment should remain set aside as a defence has been filed and an Affidavit was not filed (Which I was told was the N215) It has taken the Courts nearly 2 months to investigate this and I am really frustrated as I am no closer to a hearing or judgment. The bit that annoys me is the Court sent the part admission documents back to the defendant as a judgment had already been entered. So why is the Judge saying this should be considered in any event? It is probable the case is now stayed. I requested this be delayed due to the time it is taking to investigate the complaint. However the courts have been tediously slow in managing my case and am at a loss what to do now. I'm aware I can apply to have the Stay lifted for £255 (I have help with fees eligibility) but the principle is this seems to be their mistake. TL';DR Judgment granted Defence Filed and Part Admission Judgment set aside due to not satisfying CPR 12 (When it had been) Complaint made and Set Aside remains No idea if the case is Stayed or not Court being tediously slow resolving this
  10. I sent them a SAR for this within a few days of the incident taking place. I have today had a response which states: "Due to data security a request for possible surveillance footage can be request by prosecutors or similar authorities only." As the matter has been reported to the Police I have responded stating the footage must be preserved (If it even exists) and if it does, It must be passed onto the Police quoting my crime reference number. I have also learned that drivers pointing fingers in peoples faces during any form of disagreement is not unheard of. I've written a bit more of my letter to them but not quite finished it yet. Is there anything else I should be doing in the mean time? I'm aware the Gov website says the CCTV owner can refuse but I'm not sure if the grounds for refusal are valid. I believe they are as I am requesting footage of an incident between myself and 2 people. . So far the Police have yet to respond to my complaint and I am concerned if footage does exist that it will be lost if I do not act quickly. So should I make a Court Order for example to retain that footage? I have also requested footage from Le Shuttle.
  11. Hello All, I recently had the displeasure of travelling with Flixbus on a journey I won't name for reasons that will soon become obvious. I was due to see my partner and not wanting to part with £400 to go Ryanair I decided to try the Coach for £90 When the journey started the driver announced the toilet was only to be used for urinating. When the driver arrived at the Ferry Terminal they announced the toilet would be closed from there until the next scheduled stop, probably further. They also said there would be no stops for a comfort break and it would be a straight drive. I have several disabilities and health conditions, one being Autism and another condition incontinence. I explained to the driver my problem with not having a toilet and suggested it was best I alight at the Terminal and continue my journey under my own fruition. But for absolutely no reason the driver became the biggest ball of rage and anger I've seen from a staff member in the transport industry. They pointed their finger so it was around 5cm from my nose and yelled at me "CALM DOWN!!" when i was perfectly calm already. They then began to start swearing at me. I never lose my temper and/or swear in an argument as you immediately lose. when I replied "Don't talk to me like that" for the driver to get out of their seat, square up to me and look down at me and yell "OR WHAT?" I realised I was in a very bad situation. More expletives were fired my way and they told me to go back to my seat so in order to give them time to cool off I decided to step away. The driver then returned after several minutes (ironically to relieve themselves) and I tried to explain the situation again and started out with "Can we have a polite and civil conversation". I also began recording at this point on my phone. Again I was met with things like "don't talk to me like that" and them becoming verbally aggressive. At this point I was having no more of this and demanded my suitcase from the hold and that I get off the bus. The driver said they had to call for permission from their control room and that "I'd never be allowed to travel again" if that was done. "If you want to be vindictive, thats up to you" I replied. The request was granted and I was invited to sign a waiver (Which I couldn't read as the drivers writing was illegible) and then the driver began making death threats. "If my son was here you'd be 6 feet under" I ignored this but they kept repeating themselves presumably to gain a reaction. Eventually I just replied "You're scaring me now" and they responded "Good. You should be. My son is not here so you're very lucky, very very lucky" I then realised my choice of clothing was incredibly unfortunate. A large hoodie with the word UNLUKCY written across the front. At this point I made an attempt to conceal this so as not to provoke the driver further by them inadvertently seeing this and somehow knocked my phone back into record mode. The driver heard it and then hit my hand so my phone fell away onto the floor. Luckily it was not damaged. Then spouted some nonsense about recording without permission. I decided not to pick that battle as I considered myself in danger and they probably wouldn't have listened so I left that battle well and truly alone. I was also well within the back of my mind that the driver would say he'd let me off but then refuse to stop and put me in a situation where disaster was inevitable. I then was reunited with my bag and went back to my seat. I then heard the driver say something along the lines (To what I believe was a colleague and/or friend) "If I find a video on Facebook, I'll rip his **** head off!" and by now I was pretty worked up and knew I could be in serious trouble. But nevertheless I was thrown out at a Petrol Station somewhere on a Calais Motorway. Thinking I'd be left at the terminal... I didn't overly appreciate the 5KM walk to the nearest bus stop. So in terms of a complaints procedure. Receiving death threats from an employee probably warrants Police Action, So the matter was reported to them but I've yet to have any contact back from the constabulary. Having reviewed and looked around I think it's best to claim against the operator for breach of contract under Consumer Rights Act 2015 and Breach of the Equality Act 2010. After all, stopping the bus at a roadside service station for 2 minutes is easily considered a reasonable adjustment. It's no different to the bus waiting 2 minutes at a traffic light. The bus company however put the vehicle in service knowing the toilet was faulty as this was announced at the start of the journey. Their website also says every bus has a toilet onboard so that is considered a binding term under services provided pursuant to Consumer Rights Act 2015 as I relied on it. My understanding is this also allows me to claim for consequential losses to get to my destination. Which was in the region of 300 euros. My partner and I concluded there was an event taking place in the area I travelled as every flight with every airline was extremely expensive and we've never seen the central railway station so busy on a weekend. My main question is a couple of my friends suggested I should claim for emotional distress and physical injury (walking 5KM when my doctor says I shouldn't walk more than 200m. My body kindly reminded me there is a reason for that...). Plus being on the receiving end of words mocking my disabilities. I won't mention exactly what was said here but it's probably enough to call it a hate crime. Nevertheless I don't want this to sound worse than it probably was and I actually don't want the driver to lose their job either. I have already said this to the company by phone. Simply put, I'd accept the following: Driver to take a Disability Awareness Course, Conflict Resolution Training and be educated on ones right to film in public. Plus an apology for their actions. In turn I will happily respond in kind if it is found I said something in a matter that was perceived as rude but that was not how it was intended. Reimbursement of Tickets and Consequential Tickets booked. As I arrived earlier it might be worth arguing a hotel night stay as well. I won't bill them for my return tickets home. However I did not use the booked ticket as I had no intention of arriving at the Bus Station to board and finding either A) The same driver and/or B) Found the tickets had been cancelled. So I want them to refund those too. However I'd just want to ask what you guys thought if this was you or your disabled relative and whether you'd want to look at emotional stress and inconvenience? If so how do you gauge what that was worth? I could write the after effects this has had, but it won't change anything. However I want to be very clear, having soiled a coach when a teacher refused to allow the bus to stop in my teenage years and then getting mocked until the end of my school days for it... This whole thing brought back a very unfriendly reminder of how difficult travelling can be. In terms of how far I've got. I've logged the incident with the Police. I have started writing a letter. Just wanted a 2nd and 3rd opinion to see if I'm going about this the right way. One day my bad luck will end... Just not quite yet it seems lol
  12. Hi BankFodder, I'd like to take this up in the near future and just wondered what the next steps should be.
  13. I can confirm this was also a problem for 22nd December 2018 22122018.pdf Good news is I can't get the booking engine for give me Train 9129 on the days Ploddertom has mentioned, even if I try and force it to by adding a stopover in Brussels of a minimum 1 hour.
  14. I've drafted this LBA.. Is it ok or should I trim it down and be more blunt?
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