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    • Hearing held today in court. I attended in person and Evri had an advocate attend on their behalf to defend their position that my contract is with Packlink and not with them. I also provided a copy of Evri's terms and conditions which explains that a contract is entered into when a parcel is sent with Evri. The judge pointed this out to the Advocate and agreed there is a contract between me and Evri under the Ts and Cs. The judge explained that while Packlink are responsible for organising the delivery of the item, it is Evri who are responsible for handling the goods and delivering them, and therefor Evri has a responsibility to handle the goods with reasonable care and skill. So am pleased to say the judge found in my favour. Hearing lasted about 75mins. Evri has been ordered to make payment within 21 days. Also nice to meet @jk2054 in person.
    • Good morning,    I just wanted to update you on the situation.    I have visits piling up with my current employment and they need doing before I finish at the end of this month.  I am moving to Wiltshire in 3 weeks for a new job helping care homes with their Dementia patients. I tried to work it out and at a guess I will be doing about 20-25,000 miles a year. So need a vehicle that can cope with that mileage, my old car would have done it easy but 🤷‍♂️ I have taken out a loan and got a friend to find me a reliable car that can cope with the miles and hasn't been written off in the past.   I phoned Adrian flux to see if I could use the last months insurance on a new car I have bought, the girl I spoke to phoned Markerstudy and asked them but they said no, my new car doesn't have any modifications.    I had an email from someone who saw one of my appeals for information, they live near the site of the accident and know a nearby farmer who has a security camera at his entrance that catches the traffic and specifically registration plates as he has been robbed before. They said they would reach out for me and see if he still has the data. Unfortunately it wont catch the scene of the crash.   The Police phoned me and said they were closing the report I made, even if they found footage of the vehicle at the time I said the actual incident would be my word vs theirs.  My first response was I am sure google maps would show that they turned around at that location which would verify my version of events, but upon reflection I do understand, I have seen people doing make up with both hands while driving, eating from a bowl steering with their knees and veering all over the place. I am sure some of these people go off the road and claim that someone forced them off.    Markerstudy phoned me yesterday to say that my car is now at Copart, the £80 tank of Vpower diesel was emptied on entry to the site for safety reasons, which I get but it sucks.  It is awaiting being assessed and shouldn't be too long, which is a relief.  I am really glad things do not seem to be going the way of the other stories and they seem to moving quickly.   However I was informed that my car was a structural write off before I bought it - this destroyed me, I was almost sick.  and this is going to affect any offer of money - after hearing the first statement this didn't affect me.   They need to wait for the assessor to check it over but it is highly likely to be written off and the maximum they can offer is £2300.  I was desperate for a car as I was working for an agency at the time, no work no pay, and did not do a vehicle check because I didn't know about them.  The seller did not tell me that it had been structurally written off, he told me that it had the front wing damaged while parked and was repaired at an approved repairer.  Markerstudy records state that it was sold at auction, no record of repair at an approved repairer.  I bought it bank transfer with hand written receipt.    It gets worse.    It turns out my airbags should of gone off. For some reason they are not working. I think we can figure out why.  If I had hit that car head on and had no airbags.    Some good news.    I can arrange a time with Copart to go and take my stereo equipment and any personal items that are left in the car only. I cant live without music and need quality sound, my speakers and amps are Hertz and JLaudio, (no I am not a boy racer with booming subs, I am an audiophile on a budget) I was really worried I wouldn't get them back so this is a huge relief for me. It is stuff I have built up over years of saving and collecting. Everything to do with the vehicle and mods I have declared need to stay to be assessed.   The accident has gone as a fault on my record, I have to remove 2 years NCB which means I still have some to declare which is good.  So it appears at this point that it may be resolved quickly, not in the way I was hoping, but not as bad as I presumed it was going to be based upon that tow truck drivers attitude and behaviour and the horror stories I read.   I am not going to buy the car back and try to make money with all the parts on it, I don't have the time or energy.   I may need an xray on my back and neck.  The whole situation has left me feeling physically sick, drained and I need it done.   The lesson learnt from this  -  My conscience is 100% clear, my attitude to safety and strong sense of personal responsibility - A rated tyres even if on credit card, brake fluid flush every year, regular checks of pads and discs, bushes etc, made avoiding what I believed to be a certain broadside collision possible.   Get a dashcam (searching now for the best I can afford at the moment)  -  Research your insurance company before you buy  -  Pay for total car check before you go and see a car and take someone with you if you are not confident in your ability to assess a vehicle.      Thank you to everyone here who volunteers their time, energy and information, it is greatly appreciated.  You helped my sister with some advice a while ago but we weren't able to follow through, she is struggling with long term health conditions and I ended up in hospital for a while with myocarditis, when I got out and remembered it was too late.  I am going to make a donation now, it is not a lot, I wish I could give more, I will try to come back when things are on a more even keel.    Take care
    • It seems the solicitor has got your case listed for this “appeal” but not for the Stat Dec(SD). You need to ensure you can perform your SD on the day. If you are able to make your SD in court, the situation you are in now is more straightforward than if you made your SD via a solicitor. You have been convicted of two offences (and two were dropped) via proceedings of which you were not aware. The way to remedy that is to perform an SD. No appeal is necessary (nor is it available via the magistrates’ court). If you are able to make your SD this is how I see it panning out: You will make your SD to the court. The court must allow you to make it as it will have been made within 21 days of you discovering your convictions. You will then be asked to enter pleas to the four charges again. At this point you should plead not guilty to all four but make the court aware that you will plead guilty to the speeding charges on the condition that the FtP charges are dropped. The prosecutor will be asked whether or not this is agreed. In my opinion the overwhelming likelihood is that it will be. If it is you will be sentenced for the two speeding offences under the normal guidelines. In the unlikely event it is not accepted,  the speeding charges will be withdrawn (they have no evidence you were driving). You have no viable defence to the FtP charges and so should plead guilty. This will mean 12 points and a “totting up” ban (as you have already suffered). You can present an “Exceptional Hardship” argument to try to avoid this (explained below).   Because of this, I don’t see any need to make an argument to ask to have any ban suspended (pending an appeal to the Crown Court) unless and until you are banned again. The only reason I can think the solicitor suggested this is to secure a (Magistrates')  court date. I was surprised when you said you had an appointment so quickly; a date for an SD usually takes longer than that. However, if you can use it to your advantage, all well and good. I can’t comment on the argument that the two speeding offences were committed “on the same occasion” as I don’t have the details. That phrase is not defined anywhere and is a matter for the court to decide. It’s an interesting thought (and only that) that such an argument could equally be made for the two FtP offences. If the requests for driver’s details arrived at your old address at the same time, with the same deadline for reply, it could be argued that you failed to respond to hem both “on the same occasion” (i.e when the 28 days to respond expired) and so should only receive penalty points for one. Hopefully you won’t need to go there. I think you have information about avoiding a “totting up” ban. But here’s the magistrates’ latest guidance on "Exceptional Hardship" (EH) which they refer to: When considering whether there are grounds to reduce or avoid a totting up disqualification the court should have regard to the following: It is for the offender to prove to the civil standard of proof that such grounds exist. Other than very exceptionally, this will require evidence from the offender, and where such evidence is given, it must be sworn. Where it is asserted that hardship would be caused, the court must be satisfied that it is not merely inconvenience, or hardship, but exceptional hardship for which the court must have evidence; Almost every disqualification entails hardship for the person disqualified and their immediate family. This is part of the deterrent objective of the provisions combined with the preventative effect of the order not to drive. If a motorist continues to offend after becoming aware of the risk to their licence of further penalty points, the court can take this circumstance into account. Courts should be cautious before accepting assertions of exceptional hardship without evidence that alternatives (including alternative means of transport) for avoiding exceptional hardship are not viable; Loss of employment will be an inevitable consequence of a driving ban for many people. Evidence that loss of employment would follow from disqualification is not in itself sufficient to demonstrate exceptional hardship; whether or not it does will depend on the circumstances of the offender and the consequences of that loss of employment on the offender and/or others. I must say, I still do not understand what the solicitor means by “As a safeguard we have lodged the appeal and applied to suspend your ban pending appeal due to the time limit for being able to automatically appeal without getting leave of the Judge.” When they speak of “leave of the judge” I assume they mean they have lodged an appeal with the Crown Court. I don’t know what for or why they would do this. It seems to follow on from their explanation of the “totting up” ban. If so, I’m surprised that the Crown Court has accepted an appeal against something that has not yet happened. But as I said, i is no clear to me. Only you can decide whether to employ your solicitor to represent you in court. If it was me I would not because there is nothing he can say that you cannot say yourself. However, I am fairly knowledgeable of the process and confident I can deal with it. That said, I do have a feeling that the solicitor is somewhat “over egging the pudding” by introducing such things as appeals to the Crown Court which, in all honesty, you can deal with if they are required. I can only say that the process you will attempt to employ is by no means unusual and all court users will be familiar with it. I can also say that I have only ever heard of one instance where it was refused. In summary, it is my view that it is very unlikely that your offer to do the deal will be refused. If it is accepted, you may be able to persuade he court that the two speeding offences occurred "on the same occasion" and so should only receive one lot of points. Let me know the details (timings, places, etc) and I'll give you my opinion. Just in case your offer is refused, you should have your EH argument ready. Whether it's worth paying what will amount to many hundreds of pounds to pay someone to see this through is your call.  Let me know if I can help further.    
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Arrogant, rude & petty ticket inspectors - a solution


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I opened my post by saying "No-one pretends that all rail staff are perfect,"

 

When there is a conflict in passenger complaints, this is all too often a six-of-one, half-a-dozen of the other situation, BUT I agree there are staff who could help themselves to be seen in a better light. Anyone who is working as revenue stff on a ticket barrier should make an effort to familiarise themselves with the codes & restrictions printed on tickets.

 

Fortunately, steps are being taken to reduce the incredible number of combinations that had grown to be almost unmanageable.

 

There are a couple of questions I would always ask in this sort of situation too.

 

Did you book your ticket online or did you purchase it at a station booking office before you got to the barrier?

 

If you bought it at the booking office, perhaps you should have asked the clerk that issued it what 'AP Woking' meant, because if that revealed that the ticket wasn't what you wanted, you would have been able to correct it there and then.

 

If you bought the ticket on-line or from an agent, did you read it and the terms & conditions at that time for the same reasons?

 

I'm not seeking to excuse the staff that you encountered. As I said, that member of staff should have known what the code referred to, but the time to query things that we don't understand on tickets is at the time of purchase.

 

If, in our own best interests, we all did that as a matter of course, then many of these conflicts would never arise. I don't buy the argument that we're all too busy these days to spend 30 seconds reading the ticket that we have just paid an exhorbitant amount of money for.

 

I'm not saying there would be no mistakes, but if there is one thing that years of experience has shown it is this:

 

The greatest failure in more than 90% of cases is that the ticket holder makes an assumption rather than checks the rule before attempting to use a ticket.

 

I am genuinely glad that things worked out OK for you Mrs Ryan, but your comment gives an opportunity to discuss the single most common reason for complaint & conflict.

 

All too often the conflict arises when a traveller is attempting to use a ticket that is not valid because they have assumed it was valid rather than having checked the restriction. When a member of rail staff points out it isn't valid the traveller becomes irate because they are being asked to pay more or, worse cannot pay and are being denied access to a train.

 

The ticket holders' plans are now thrown into chaos and I can understand the traveller being upset, but is it necessary to abuse staff as a result?

 

All too often the rail staff reacts to being abused and I do not condone or seek to excuse that. It is not professional nor acceptable.

 

The fact is that in most of those situations, if the traveller had checked the ticket properly and planned to travel according to what they had bought, no conflict would arise.

 

In some cases travellers deliberately feign ignorance of restrictions in an attempt to avoid paying the proper fare. Abusing rail staff in that situation will not help the offender, but will guarantee a hard line is likely to be taken with regard to the possibility of prosecution.

 

Failed trains and cancellations are another matter, but actually account for a very small proportion of the complaints received.

Edited by Old-CodJA
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I'm sure that those short of genuine amusement can find ways of winding the staff up: but as long as you accept the risks!

i.e. you're not back here again sooner or later complaining that none of the staff will now actually agree to let you travel!

If you are on the regional units where the staff generally are going to be the same week in week out it won't take long for word to get around and for people to remember your tactics for annoying them, they will then either ignore you deliberately, or more likely IME, will target you as you board and inform you that you are not being carried, ticket or no.

The staff are perfectly entitled to do this, so watch out!

Source: crime & disorder act : 'person liable to cause disorder' is the way I'd play this if calling BTP/Civil to remove, it's unlikely to lead to prosecution (unless aggravated or you're repeatedly removed and therefore have delayed services) but its still an arrestable offence and one the police have to take seriously.

So enjoy: but you'll only **** everyone off if you do it.

How about just having your ticket ready and being courteous when asked for it?

Lifes too short for silliness.

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TFL install Oyster terminals and PAYG is not valid at London Bridge, although the arrival of London Olympics will mean that all train companies will have to accept PAYG and TFL will have to start paying the other TOC's the revenue that THEY collect.

Would you want to provide a service and not be paid?

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I'm sure that those short of genuine amusement can find ways of winding the staff up: but as long as you accept the risks!

i.e. you're not back here again sooner or later complaining that none of the staff will now actually agree to let you travel!

If you are on the regional units where the staff generally are going to be the same week in week out it won't take long for word to get around and for people to remember your tactics for annoying them, they will then either ignore you deliberately, or more likely IME, will target you as you board and inform you that you are not being carried, ticket or no.

The staff are perfectly entitled to do this, so watch out!

Source: crime & disorder act : 'person liable to cause disorder' is the way I'd play this if calling BTP/Civil to remove, it's unlikely to lead to prosecution (unless aggravated or you're repeatedly removed and therefore have delayed services) but its still an arrestable offence and one the police have to take seriously.

So enjoy: but you'll only **** everyone off if you do it.

How about just having your ticket ready and being courteous when asked for it?

Lifes too short for silliness.

 

Hear, hear.:D

If what we say helps you, then please tip the scales.:cool:

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  • 1 year later...
They tend to be make-believe police officers. You may as well talk to the ticket barrier.

 

You can describe RPIs & other rail staff in any derisory way you like, but like it or not, if people go out of their way to avoid fares, disrupt services or staff in the course of their duties, those people will soon discover the effect of that very powerful set of legislations known as the National Railways Byelaws.

 

Those people will soon find that staff don't need to be 'make-believe policeman' to enact them.

 

The Courts have supported that role since the 1840s and don't appear to be likely to change it any time soon...unless to make the penalties more onerous as they did a couple of years back.

 

.

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They tend to be make-believe police officers. A walkie-talkie is a sign of great prestige. Courtesy in conversation isn't. You may as well talk to the ticket barrier.

you think that if you like, but just remember, it's people who think they're clever (but really aren't) that keep us inspectors in jobs! cheers, Barbados this year ;-)

Views expressed in this forum by me are my own personal opinion and you take it on face value! I make any comments to the best of my knowledge but you take my advice at your own risk.

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I generally don't have any problems with Ticket Inspectors, I make sure I have the correct pass & ticket whenever I travel, some inspectors are polite & courteous & a few do come accross as rude.

 

Recently I bought a ticket to go to a show, the guy in the ticket office printed the ticket out, I looked at it & said to him it was cheaper at £17.10, than what I paid before £18.40(3 weeks before), so I queried it, I asked if this ticket was valid on HS1, he gave me this look as if I was something he trod in and said 'you have to ask for it', to which I replied I thought the £18.40 fare was the fare for either way & wasn't aware of the cheaper fare, to which he mumbled something, he corrected my tickets & said 'everything alright now?', I checked & said thank you & walked away.

 

The guy that served I don't know if he was having a bad day or what, I didn't get in the ring with him because what is the point, winding inspectors up....whats the point?

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I had a run in with a ticket inspector? at a station last week. Everyday I go into the station to cross the station bridge for work. They provide a bridge pass most of the time to show your not coming from a train.

 

So on my way home last week the person who should have been giving out the passes was instead chatting up a guy ignoring those walking through the open barrier. Assuming no passes today I get to the other end and get into an argument with the inspector regarding my missing pass. I was informed that I could have been fined and it is my responsibility to find a pass on the way in (Remember they only give them out about 60% of the time!).

 

After telling him that its not my fault your staff are slacking and not doing their job I was let through.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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This is a 'social' problem, not just a railway one. Employers pay rubbish wages to the cheapest people about, fail to train them properly, and worst of all, fail to supervise properly,

 

Ever see a station manager these days?

 

I had a similar problem in a branch of B & Q over the weekend, kid on the till, chatting to other kid on another till, no interest in the difference between class b engineers bricks or common stocks.

 

I assume that both of you will complain to the railways that you used, or will you let them claim a high score in the passenger satisfaction results by not complaining?

 

You will get a sympathetic ear on this thread, but unless you write a complaint, that is all you will get.

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In which case if your complaint was considered justified (and it seems to be) I have no doubt that the staff concerned will have been disciplined.

 

Just because they are still in a job and nothing made public, doesn't mean they haven't been taken to task.

 

If we were all sacked for every little misdemeanour and that publicised, 90% of the employed would be changing jobs daily wouldn't they? We all make mistakes and we all snap at times when we really should know better.

 

I don't say that to excuse rudeness, there is no excuse for rudeness from anyone, but we don't always see the punishment dished out. Let's hope the clerk is less abrupt next time you have cause to speak to him.

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In which case if your complaint was considered justified (and it seems to be) I have no doubt that the staff concerned will have been disciplined.
...Or brushed under the carpet, depending on the staff member concerned...;-)
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At the end of the day, I couldn't really care less about what they do to him...sack him or not, not my concern.

 

It would be just as easy for me to go to Ebbsfleet & get my tickets there, they're much more helpful than most staff at my local station...I know thats sounds harsh but sadly true.

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Sorry but I have to share my experience of Arrogant Rude & Petty Ticket Inspectors.

In a nutshell this is what happened - I used to travel with season tickets (since 2006) and have often caught the train and renewed it at my destination, but had stopped purchasing a season ticket this September - because I was not working enough days to warrant a season ticket.

I had assumed that we were still allowed to do this as no one had complained before - and on this occassion as number of people jumped on the train without either a ticket nor Excess Fare ticket. I was wrong to jump on too without a ticket - I acknowledge this was my error but the Excess Fares sent me to the ticket inspector. He also refused to let me buy a ticket - his manner was so aggressive and confrontational - and then because I refused to move he began making abusive and offensive remarks.

Why couldn't he have said started out by saying - sorry but the rules are you can't travel without a ticket, and I'm afraid you have to either pay the full fare or the Railway's specified amount - whichever was the more expensive?

But he didn't and why did he not confront the other people who'd got on without a ticket or Excess Fare and were purchasing tickets too?

I forgot to mention after all that agro - Excess Fares was only going to charge me for my exact jourey as a signle ticket (even though it was less that the penalty fare) - even though I asked for a return.

If I was trying to fare dodge - what on earth possessed them to think I'd only want to travel one way when the could see from my Photocard I always purchase seasons tickets - were they expecting me to fare dodge on my return journey?

They don't even stick to their rules - as well as not even applying the rules to everyone.:-x

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Firstly I will say that I do not believe there is ever any justification for unprovoked rudeness by anyone, staff or travelling public however, the correct place for a complaint of this nature is with the Customer Relations department of the company concerned.

 

I know it makes you feel better to get that off your chest so to speak and understand that, but it will not alter anything unless you bring it to the company's attention.

 

On the subject of charging a fare, the National Railways Byelaws (2005) and the National Rail Conditions of Carriage are explicit in that, if facilities are available to obtain a ticket before boarding a train, there is a strict liability requirement for the traveller to do so unless explicity advised otherwise by an authorised person

 

Additionally, the NRCoC makes clear that it is up to the traveller to make time to obtain a ticket before travelling.

 

There are guidelines about acceptable queuing times and the availability of facilities is continuously monitored and CCTV operates at virtually all station booking points

 

Any traveller found to have failed to pay and failed obtain a ticket without acceptable reason where facilities were available may be reported for the allegation of an offence.

 

As for other people and what may or may not have happened to them, it must be remembered that an inspector can only deal with one person at a time. If he is dealing with you, others may well walk by, that's the nature of these things.

 

There is an element of discretion for revenue staff in some circumstances and this may involve the issue of a penalty fare notice in areas where this is authorised, or it may be that the inspector will collect a fare, but in these circumstances only the single fare for the journey made will be accepted in accordance with the rules in force.

 

 

 

.

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I often wonder what a 'good rep' is. After a very long and protracted process which resulted in the eventual dismissal of a member of rail staff, I found myself wondering why the Union had supported so effectively a person who had caused so much misery to all of the other staff in the area of work.

 

The Rep told me 'wouldn't you expect a good defence if ever you were accused of something?'. Yes, I do, but I wouldn't have behaved as that member of staff did. The most affected people were also Union members. The Rep (in my honest opinion) should have been beating up management and demanding effective action to get rid of the horrible troglodite. The Union spent a lot of time and effort protecting that one person, at the same time as showing no interest in fighting another, and very legitimate, issue.

 

I doubt if I will ever understand that set of circumstances.

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