This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Looks like my thread was hijacked by trainspotters! A programme about tfl, buses and trains, glad the license fee is being spent on high quality informative programming. Nonetheless, I received a letter from FCC yesterday saying they're willing to settle the matter if I pay £54.10, the fare + £50 admin costs. Obviously pleased with this outcome as it keeps it out of the courts and no criminal record, i guess they took the circumstances and the fact it was my first offence in 3.5 years of travel in London using Oyster. Thanks for your help all and good luck in you search for Routemaster season 1 ep 5. Failing that I'm sure Netflix will be bidding furiously for the second season!

Thanks all. I'll report back once I receive the letter.

Thanks, is there a time limit on when they have to provide the letter? Don't want to be sat around for weeks waiting for the letter to drop on the mat!

Hi all, I was cautioned this morning for fare evasion after failing to tap in (due to running for a late train) and tap out (held card on reader and walked through after another passenger, not realising oyster had not registered). I was cautioned, with all the various details being taken and I've been told that a letter will follow in the post and I'm assuming a prosecution for evasion. Reason I'm a bit more concerned is that I was issued with a penalty notice of £20 a few weeks ago after being let through a barrier by a guard when my card didn't read properly and failing to touch out at my destination station. I've never committed this sort of offence before in 3 1/2 years of travelling on London transport, but it's happened twice in the space of a month. Both times I've had a credit balance on my Oyster card and have had the funds to pay the fair. I guess it's now just a waiting game to see what the letter says when it comes through the post but would appreciate any advice on the matter. I really do not want to be having to go to court and would be quite happy to pay all necessary costs to settle the matter, I'm really quite concerned how a criminal record for this sort of thing will impact future employment opportunities. Any advice appreciated. Thanks

I can't post links as I don't have 10 posts or more, case can be found on the PATAS list of appeals, Ref: 211055173A Hopefully this helps.

Hello, This is just a quick note to say that based on my upheld appeal that was assessed by PATAS on 4th Nov 2011 regarding the YBJ at Archway/Jackson's Lane, the junction has been deemed as non compliant as it has not been maintained appropriately. The yellow lines are so faded that it is not possible to see the end of the box at the point of entry. My appeal was upheld on this point despite the fact that I entered and stopped in the junction when the route was not clear. As far as I know this sets a precedent and potentially means that any ticket issued by TfL in the past month (or more) at this junction can be appealed on this point. I will happily upload all documentation at the earliest opportunity to help other drivers who are caught at this junction, which I believe is one of the most lucrative for TfL in London. Please let me know if you would benefit from seeing any correspondence between myself and TfL as I will be happy to help. Cheers James

Can anyone help?

i144.photobucket.com/albums/r162/jimmyharris80/img003.jpg i144.photobucket.com/albums/r162/jimmyharris80/img004.jpg just as http:/ in front to see images, cheers.

For some reason I am unable to post links to the high-res PCN I have scanned and hosted on Photobucket. The attached images are poor quality so it's not possible to see the pictures

Hi All, I've received a PCN through from TFL stating that I entered and stopped in a box junction. I honestly do not remember doing this intentionally and due to the layout of the junction believe there will no doubt be mitigating factors. Basically traffic and buses merge in from the left (as you may be able to see from teh second picture) so it is quite possible to enter the box when the outside lane appears it will carry on moving, then a bus or car will cut across and block the exit and the right hand lane will stop. It would be really helpful if anyone could suggest a course of action or any advice on how to go about appealing this charge and/or attempting to obtain additional evidence from TfL, the two pictures included with the PCN are themselves are not proof that I've committed an offence. Thanks

BankFodder, I've sent you a PM regarding this letter, I have no problems with photocopying it and sending it over. NO digital fax facility at work annoyingly! For info... Barclays Ref Number for the letter is: 000A2TE1 It was sent on 13th January 2006 If you need anything else please let me know.

Here are copies of the letter sent to Barclays as well as the reply letter received from them offering full settlement of charges totalling 200 + interest. Hope this is of assistance to anyone currently in dispute with Barclays. If you have any questions regarding the contents of these letters or anything else you feel I may be able to help with please PM me. Regards James Letter sent to Barclays: Head of Current Accounts Barclays Bank Plc 72 St James Street Burnley BB11 1NH Penalty & unfair charges request for refund for Miss R. Markham, sort code XX-XX-XX, account number XXXXXXX Dear Sir/Madam, I write with reference to my current account with you. Over the past few months, I have noticed a number of 25 charges being levied, allegedly connected with the costs involved in allowing transactions which have taken me over my overdraft limit, please see the attached table for a breakdown. I would like to express my objection to each of these charges, and ask for their reversal. I am of the view that your charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. Your charges do not reflect any actual or real loss, instead they appear to represent a lucrative profit-making scheme. On a separate note, your charges appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under reference to paragraph 1(e) of schedule 2 of the said regulations: Indicative and non-exhaustive list of terms which may be regarded as unfair - 1. Terms which have the object of effect of - (e) requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation. On 26 July 2005 the OFT stated that 'a charge is likely to be disproportionately high if it is more than a court would be likely to award if the lender sued the cardholder for breach of contract'. Because your charges include a lucrative profit margin, in addition to actual loss, they are irrecoverable as an unfair term in contract. The fact that these charges were applied has meant that even after additional funds were credited to the account which would normally have been sufficient, on some occasions the balance has remained overdrawn or otherwise insufficient. As a result, additional transactions have been processed when inadequate funds were available in my account, and additional charges applied. I believe the term vicious circle applies to this situation, and as such, it could constitute a clear breach of the Banking Code. Regardless of the wording of the automated letters sent to me, these charges constitute a penalty charge, as the amounts bear no relation to the actual damages incurred by you. I have been advised to remind you that such penalty charges are legally unenforceable, even if a clause exists in the Terms and Conditions that authorises such a charge. The charges have also worsened my already fragile financial status. I am on a fixed and limited income, and I am struggling to pay off debts. I hope that you will take note of my situation and provide a favourable resolution. At a minimum, I now ask for the charges to be reversed, and for any debit interest accrued as a result of these charges to be re-credited to my account. If this does not occur within 14 days of the date of this letter, I will be forced to seek further action, which is likely to increase the costs you incur to settle this dispute. Yours faithfully, Miss R. Markham Enc. Reply letter from Barclays: Dear Miss Markham I refer to my letter 28 December 2005. I am sorry you feel the Bank charges you have incurred are unfair and represent a penalty. I note you are claiming a refund on 203.27 for the period 11 August to 30 November 2005. In your correspondence you have also outlined case law, which you say supports your view. Needless to say, Barclays is aware of all the informaiton you have drawn to our attention. I must inform you however, that we disagree with your legal analysis. When an account is opened with us, our customer is provided with a copy on the T&C's relating to the use of their account including details of our charges. This information clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to the T&C's we provide details of these to our customes in line with the Banking Code. Details of or T&C's and charging tariff can be obtained at any of our branches, or via our internet site, http://www.barclays.co.uk. Putting the above to one side, on this occasion and as a gesture of goodwill, I confirm I am willing to refund your charges totalling 203.27. I have arranged for this sum to be credited direct to your Current Account, number XXXXXXX. May I take this opportunity to remind you that the best way to avoid similar charges in the future is to keep your account within your agreed overdraft limit. You have said that you are experiencing financial difficulties and you may therefore wish to consider contacting our Consumer Finance Department on 0845 3000442. They will be able to offer you guidance and advice on your financial status. If you wish to discuss this letter, or you feel there are further issues I need to consider, please contact me on my direct telephone number XXX XXXX XXXX. If you are dissatisfied with my proposal for resolving your complaint you may ultimately be eligible to refer to the Financial Ombudsman Service. The leaflet sent with our letter dated 29th December 2005 explains our complaints process and provides details regardning the Financial Ombudsman Service. In accordance with our standard practice unless I hear from you to the contrary within eight weeks from the date of this letter, I shall assume that your complaint is resolved and close my file. Yours sincerely Anita Hicks Customer Relations Manager