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    • You could do, last year there was a private members' bill going through Parliament to regulate the fleecers (don't know if the General Election scuppered it or not).   However, don't expect CEL to give a monkey's about what an MP says.  They are crooks with complete contempt for you, me, MPs and the law.   You need to reply to what I think is a Letter Before Claim to show you'd cause trouble & expense if they took you to court.  Do a search for "snotty letter" and post up what you propose to send.   I see you've been asked in posts 7, 9, 10, 13, 17 & 26 to fill in the site sticky.  This is to see if CEL have bothered to send out their paperwork in time to respect legal norms, until you fill it in we won't know if they have respected the POFA or not.
    • I asked   How many times has his contract been renewed previously? What's his length of service?  -  It sounds like he has not been renewed if he only started in May, so continuity of service is not a factor here.   And then, what does the absence policy say? It would be unusual for an email to be ok, most require a phone call. - he hasn't given a sick note - so he is in breach. That's clear enough.   But, if it is just about references - ask. He should just ask what the reference will say. Him, not you, by the way. Probably a good idea for him to find his way around forums himself too.   It sounds like they are not dismissing, they are just not renewing - huge difference. So there's no disciplinary, no need to state his case. They are doing a thing they are completely permitted to do. Extreme? Tenuous? Maybe. Legal? 100%. I'd probably have just said we're not renewing and leave it at that, but then again, getting a reason means he's had an opportunity to learn.    A basic reference stating dates of employment is all many employers offer now; so he should just ask if that is what they do/ what to expect them to issue, and then you can stop worrying. In the middle of a pandemic no employer is going to think it is weird a FTC was not renewed. 
    • ok, so a verbal warning would not be the end of the world.  Do ask in wiring for a copy of the policy that was in force on the day you went for your test; which might be different to the policy that exists now!   But, if you are clear that you had not been briefed properly on the policy, and clearly were trying to comply - you showed good intention by taking the test and then staying home as soon as you had the results. You didn't want anyone to get sick.  it's clearly an unfortunate misunderstanding. Obviously now you know better, you'd do things differently next time.   I think if you're a good worker otherwise, this will turn out to be a storm in a teacup.   Glad to hear your colleague sounds like he's doing ok. Out of all this, that you are both doing ok is the most important thing.      
    • I thought I had answered your questions , have I missed some? I absolutely appreciate that you are trying to help, I have taken a look at the absence policy but it pertains more to full time regular members of staff. His shifts were never the same each week or month. It states that he is to contact his manager on the first day of absence  (which he did)and if longer than 7 days then he would need a sick note from the doctors he had contacted the doctor to arrange this but there was a backlog on registering patients. (he only graduated from Uni in May during the first lockdown). My concern is the affect this may have on any references. He graduated from University in May and this is the only job he has since then. I just feel that although I agree  and understand that the main point is the fact that he didn't send the email, at no point was he allowed to state his case officially.  
    • Taxhelper   Dont know how to say it, but a Genuine Thankyou   Shows what a great person you are that you are prepared to offer such advice for free .   Im vey much indebted.   Thankyuo again   stay safe    xxx
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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  • 1 month later...
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Later on, I discovered that TfL actively carry out individual journey tracking of Oyster card data.

 

So they actually track certain Oyster cards? Wow, you learn something new everyday.

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it is your legal right to have a ticket. that is your proof of payment, if there is a doubt about your oyster card not being accepted by the machine then ask the driver/ conductor for a ticket to confirm payment. if they do not do this they are breaking the law, they must provide a ticket.

 

Sorry mate, thats complete rubbish!

I am a london bus driver, and I CANNOT issue you a ticket to prove that you tapped in your oyster card.

All I ask is to be treated fairly and lawfully.

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another legal point: if you jump the barriers and injure yourself who are you going to sue?

You don't have the legal right to be there, you are trespassing and you have broken the law by jumping the barriers.

It happened at Slough station about 8 years ago and he lost one of his prize assets. and now walks with a distinct limp.

 

(True).

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I had an argument at Clapham Junction yesterday - I used pay as you go Oyster for the first time on the overground from CJ to Kingston and back

at Kingston it was fine - I touched out and it showed the amount that was taken from my Oyster - at CJ on the way back all the barriers were open and when I touched out it didnt show any deductions from my oyster - I went and found a ticket collector and explained she just waved me through the barrier but I refused and asked her to scan my oyster to ensure that I had touched out correctly - but she refused I then told her that If I had not touched out correctly or the scanner was not working I would be charged a higher fare - in the end she found a hand held scanner and guess what I had not touched out, is this a [problem] to make people pay more I ask myself

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  • 2 weeks later...
So they actually track certain Oyster cards? Wow, you learn something new everyday.

 

All oyster cards are tracked, I remember a few years back a person was murdered and the criminal used the victims oyster card, police were able to check cctv which eventualy lead to the murderer being caught.

All I ask is to be treated fairly and lawfully.

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  • 1 year later...

After my wife got in to trouble with oyster, I got this forum by luck.

My wife found a lost blue oyster at a super store.

So she just kept it in her hand bag and used it on buses for three days. On that third day she was caught by Revenue inspector and told that it is an income support oyster that my wife didn't notice when she used it. Inspector collected wife's name and address and issued a RTM ticket for her to continue the journey. My wife didn’t sign on anything.

 

Now after 5 days, we got a letter from TFL requesting the comments before their legal procedures. We confirm that this is purely an incident and we never dream to do a fraud. Any Advice??

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I got a last reply :

 

I think that this one needs a 'Tfl/London Bus' expert.

 

I never get involved with cases west of the M25, so I have no expertise in dealing with 'Tfl'. I have a vague thought that some of their matters are passed to 'CPS' (Crown Prosecution Service).

 

So I thought this form may have some one with Tfl/London Bus' expert. Nothing else friend..I am looking for a appropriate reply, I have to send my comments asap.

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Hello again. Grotesque is right, CAG doesn't encourage duplicate postings. It won't get you better advice and might actually make things harder for people trying to help you. And the site team might tell you off too.

 

Anyone who understands the TfL rules will read all the threads. This is a voluntary website, so you need to wait until the right person comes along, I'm afraid.

 

Please bear with us, you only joined a day or so ago.

 

My best, HB

Illegitimi non carborundum

 

 

 

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The key thing is that your wife KNEW that the Oyster card was NOT HERS and yet she proceeded to use it.

 

The fact is that from your posting, it seems that it is an Oyster that has been provided for the sole use of a person in need, subsidised by public money and has therefore been misused

 

TfL have their own prosecutors who will deal with these Summary matters by way of private prosecutions and cases are usually only taken over by CPS if there is a compelling reason to do so by way of a serious crime, or important public interest features.

 

As explained by others and on other threads, I suggest that your wife must reply promptly with sincere apology and ask if she can avoid Court action by making full payment of all fares and administration costs incurred by TfL.

 

They are not obliged to accept and in my experience do consider misuse of such Oysters as a serious breach of trust.

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Conditions of carriage do prohibit the use of a *registered* card that isn't yours. Sounds like a card with New Deal loaded on it. I'd have thought that misuse of these ranks with Freedom/Zip card abuse. In which case I don't think there's much room for manoeuver in terms of negotiating with TfL.

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I'm a london bus driver.

When someone touches in with a new deal oyster I always ask to see the photo ID that MUST acompany the oyster card, it's amazing how many step off the bus when I ask!!

 

For those of you that use oyster on a bus, when you touch in there is a screen on top of the wayfarer(oyster machine) that shows you if you have touched in correctly, your oyster will only beep once if you have touched in correctley.

I see loads of people everyday who try anything to get on the bus free, one of the regular scams is showing an out of date pass, and when caught, they immediatly touch in an oyster card.

All I ask is to be treated fairly and lawfully.

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