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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
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Advice requested for Unpaid Fare Notice


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Events:

I have been given an unpaid fare notice for a journey from Exeter St. Davids to London Waterloo. I originally had a ticket for the journey, via honiton and basingstoke, with an unreserved seat departing around 8pm, and costing £7.90 (+£1 booking fee)

 

Having arrived at the station early, and noticing that my seat was unreserved and that there was an earlier train with available unreserved seats, I took that instead. (departing around 4pm, same day)

 

I was given an unpaid fare notice for about £50 for the journey, since apparantly my ticket wasn't yet valid.

 

My Claims:

1. The unpaid fare notice is filled in unclearly. Both the date and time are scribbled out as if the inspector make a mistake and wrote over again the corect date and time.

 

2. The notice is marked as "No ticket", when in fact I did have a ticket for the journey, just not the seat reservation for the correct train.

 

3. The ticket inspector has doodled some other information about my home address on the bottom of the form - is this ok?

 

4. The ticket inspector took my original tickets from me, and refused to allow me to even take a photograph of them. (I still have the collection receipt and online booking confirmation email from thetrainline)

 

5. The ticket inspector insisted I pay a fare to my original destination, even though I said I wanted to get off the train immediately to reduce the amount due, and if possible re-join the train I did have a ticket for 4 hours later.

 

6. The website selling the tickets said the ticket was unreserved, and therefore I could use any unreserved seat, on any permitted route, on any operator, on the date shown on the ticket. After purchase however it now says "STD ADV SINGLE", and the help screen says this is only a specific train.

 

7. The ticket inspector wasn't treating all customers equally. A gentleman sitting behind me, clearly an acquaintance of the inspector, didn't have a ticket and she simply said he should get one for next time. "In case it's someone else on here next week"

 

8. The IRCAS website listed doesn't allow appeals to be filed online. I have tried twice, both while on the train and as soon as I got home. The website shows a generic error message after entering my postcode and "Q" number.

 

9. The due amount is unreasonable. The original fare cost £7.90, and for the offence of travelling the exact same route the same day (still the same off peak rate), the unpaid fare notice is made out for £48.50, making the total amount I have paid 7x the original ticket price, and I didn't even miss that train - I was early!

 

10. The amount is, for me, unaffordable. As an unemployed student living off a low income student grant in shared London accommodation, this amount represents 2.5 weeks of food money (and I can provide food receipts to show this), and requiring me to pay it could make me homeless or damage my health.

 

The question

Are any of the above claims likley to be worth including in my appeal, and would you guys suggest including just one, or including a long list of claims and asking for them all to be considered?

 

Thanks in advance...

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Like the others, I'd love to say you were hard done to, but you would have been royally hacked off if you paid £88 for the ticket and discovered the guy opposit only paid £7.95 for his ticket. We all know that these special tickets come with huge caveats, especially your ticket is completely invalid until the time of your train is due to leave - not the one that left 3 hours earlier. I'm sure you'd find the earlier train didn't have any seats at the price you paid. I'd supply the original ticket as mitigation and ask for mercy.

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I agree with the others here, you don't get a ticket for that price and expect no strings! Had there been an inspector on the train you could have been cautioned, interviewed and reported for summons for travelling without a valid ticket and not having the means to purchase one.

 

Although you were in possession of "a" ticket, it wasn't a "valid" ticket for that train therefore you would be treated as having no ticket.

 

Probably not what you wanted to hear but thats how it is unfortunately.

 

If you signed the notice then you have agreed to pay the amount due.

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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Hello, CrazyGuy256.

 

It does seem a little unfair that you are expected to pay for the entire journey, rather than the stop you wanted and volunteered to get off at. You could ask for the amount to be reduced, but I wouldn't hold my breath. The only other relevant point may be your poverty - you could ask for time to pay and offer them a couple of quid a week.

 

As you are appealing, you could start saving this amount whilst your appeal is pending, then at least you can offer a lump sum to start with, then maybe they will let you pay by instalments.

 

Discussing this with a friend it was mentioned that they once ran into the problem of being on the wrong train without a valid ticket. A penalty notice was issued and successfully appealed on the grounds that the ticket office told my friend that that was the train she needed. This obviously does not apply to your situation.

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Like the others, I don't think you have been hard done by.

 

It might be worth noting what the definition of a VALID ticket is;

 

To be accepted as valid for travel a ticket must be valid for; the day, date, time of train, class of travel and place of journey made. (Gillingham 1881.)

 

Your ticket was not valid. The general conditions relating to 'special offer' type tickets make clear that if they are not used in line with the advertised conditions, then that traveller will be treated as if no ticket is held.

 

In such situations the traveller will be asked to pay the fare due and the only fare avaliable to the traveller who is on train without a valid ticket is the unrestricted walk-up single fare for the journey being made.

 

It isn't as though a penalty is being applied. You are being asked for the single fare.

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