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    • You will probably get a couple more reminders followed by further demands fro unregulated debt collectors with even increasing amounts to pay. They are all designed to scare you into paying.  Don't. It's a scam site and they do not know who was driving and they know the keeper is not liable to pay the PCN. Also the shop was closed so they have no legitimate interest in keeping the car park clear. So to charge £100 is a penalty as there is no legitimate interest which means that the case would be thrown out if it went to Court.  Keep your money in your wallet and be prepared to ignore all their letters and threats. Doubtful they would go to Court since a lot more people would not pay when they heard  MET lost in Court. However they may just send you a Letter of Claim to test your resolve.  If yoy get one of those, come back to us and we will advise a snotty letter to send them.  You probably already have, but take a look through some of our past Met PCNs to see how they are doing.
    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
    • hi all just got the reminder letter, I have attached it and also the 2nd side of the original 1st pcn (i just saw the edit above) Look forward to your advice Thanks   PCN final reminder.pdf pcn original side 2.pdf
    • The airline said it was offering to pay $10,000 to those who sustained minor injuries.View the full article
    • The Senate Finance Committee wants answers from BMW over its use of banned Chinese components by 21 June.View the full article
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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This true tale redresses the balance regarding penalty fares. I am not going to reveal the TOC concerned as their customer services manager have given the child a full apology, assured us that all their RPIs will be reminded that they are to use discression to Children and a small amount of compensation.

The story starts with a 16 year old who has an Oyster which does not touch out properly at a london surburban station, and the system takes all the remaining credit on the card. The child then travels back to Central London as there is no top up place any where the station and then goes as they have always been taught to the RPI in uniform who is standing at the barriers and asks for help.

Said RPI then issues a PF BUT also behaves like a playground Bully and orders said child to hand over the last remaining £3.00 they have leaving them stranded at a rail station with no money to get home This is totally against the penalty fare regulations.

The child rings me who instructs the RPI to go and see the Tube Station supervisor who issues a yellow form which entitles child to get home I had to pay LT back for this

 

Not surprisingly the customer services at the TOC who are more thoughtfull of the reputational risk have ensured that said RPI has been educated by his managemnt in some common sense (even if it was not in the rules common sense would have dictated that acting in such a manner was not very sensible)

 

I have enormous pleasure in knowing that the RPI probably had to write a report to his managment indicating why he behaved like this, and also at his realisation that after he had been instructed to take the child to the LT supervisor as he had removed the last of their money that he hoped the matter would go away. I made sure it did not !

 

The really surprising thing was that I had fully expected IRCAS to share the same lack of common sense and insist that I paid the PF but they kindly declined to persure the remaining money.

 

I am therefore happy that I was able to arrange to have reeducated someone who has been given tremendous legal powers and has abused them .

The TOC heve clearly stated that this goes against their company policies

 

Kind Regards PRI_Educator

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While I see where you are coming from, in the eyes of the railway, a 16-year old is classed as an adult as far as travelling by train goes, and as such, a £20 Penalty Fare is quite legal to issue. I think that a certain amount of discretion should be exercised in these circumstances, and maybe wouldn't personally have taken the last £3.00 of the 'child'. The Penalty Fare seems reasonable though, so long as the 'child' was advised about how to appeal it etc.

 

Are you sure the RPI actually "orders" the 'child' to hand over their last remaining £3? Have you heard the RPI's version of events? Have you got witnesses that have come forward? Obviously you have, otherwise you wouldn't be here now, would you?

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I will actually agree with the OP on this, the TOC I work for is very clear on the fact that only "nil paid" PF's are to be issued to under 18's, even though a 16 year old is not entitled to a child ticket they are still legally a minor until they are 18.

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 will actually agree with the OP on this, the TOC I work for is very clear on the fact that only "nil paid" PF's are to be issued to under 18's, even though a 16 year old is not entitled to a child ticket they are still legally a minor until they are 18.
Most TOC's duty of care also ends when the little darlings reach 16...
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I will actually agree with the OP on this, the TOC I work for is very clear on the fact that only "nil paid" PF's are to be issued to under 18's, even though a 16 year old is not entitled to a child ticket they are still legally a minor until they are 18.

 

Yes, this is a good principle, but it does not preclude any chance of prosecution if the PF remains unpaid and not succesfully appealed

 

It is possible to pursue these through the Youth Court although many TOCs prefer not to do so unless it is a case of a very persistent offender or, the offence is aggravated and the Police were involved.

 

We should not give publicity to any idea that under 18s have a free reign to do as they like because that certainly isn't the case

 

Where any traveller is genuinely stranded through no fault of their own and the TOC is culpable in some way then the 'duty of care' is the same for all.

 

For children and young people under 16 there is obviously a greater concern and everyone deserves to be treated with respect

 

.

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While I see where you are coming from, in the eyes of the railway, a 16-year old is classed as an adult as far as travelling by train goes, and as such, a £20 Penalty Fare is quite legal to issue. I think that a certain amount of discretion should be exercised in these circumstances, and maybe wouldn't personally have taken the last £3.00 of the 'child'. The Penalty Fare seems reasonable though, so long as the 'child' was advised about how to appeal it etc.

 

Are you sure the RPI actually "orders" the 'child' to hand over their last remaining £3? Have you heard the RPI's version of events? Have you got witnesses that have come forward? Obviously you have, otherwise you wouldn't be here now, would you?

 

I have no dispute about the PF at all and had it been issued correctly then I would simply have paid it if the appeal had failed without further thought. There is no disputing it was legaly issued. the offence was stricl liability etc

 

What I vigorously objected to ( and this was seconded by both Revenus managemnt and customer serices managment from his TOC !)was the leaving of a vunerable young person stranded.

Never mind the fact that he further punished us by making us pay £4.00 to LUL the next day for his return.

 

I asked IRCAS twice in writing to send me a copy of The RPI report so I could see what he had to say but they ignored the request both times The TOC were equally vague about precisly what happened and waht action they were going to take citing the Data Protection Act

As no one wants to tell me otherwise I naturally assume my kids version of events is true

 

The child had a ZIP card so our address was not in question

 

I assume that you do not have children.

 

To Old Codja I am happy that your view as someone who deals with cheats and Liars all the time still thinks that Respect is deserved by honest people who are caught out. As stated I certainly would not avoid paying a PF if IRCAS had dismissed an appeal

 

 

Kind Regards

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Yes, this is a good principle, but it does not preclude any chance of prosecution if the PF remains unpaid and not succesfully appealed

I'm not disagreeing with the issuing of the Penalty fare, but we were always told that with under 18's the PF must be made out as a nil paid and the customer given the 21 days to pay, with under 18's we are required to put a parent/guardians name onto the notice, does this make the parent liable?

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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