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    • Aesmith - Thank you for your recent interest in my issues.  Input on people's topics can be most useful from specialised experts or those that have similar experiences.  Some people really struggle with knowing what to do (I certainly do) - so it is most useful and helpful and reassuring when solid sensible advice is offered.  I have found there to be some very kind, helpful, supportive and legally knowledgeable people here on cag over the years - who give sound legal advice for people to roll up their sleeves and follow up on.   Of course, sometimes it can be quite challenging sifting the wheat from the chaff.  I don't have lawyer or barrister.  I sometimes attend pro-bono legal clinics for help.  And sometimes have access to barristers via a pro-bono service called Advocate.  Both ad-hoc. Pro-bono means 'free'
    • The Judge was wrong. The keeper is only INVITED to say who was driving, there is no obligation for them to say.
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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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TFL Penalty fare Notice someone gave them my name instead of theirs


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Hello, I received a reminder letter from IRCAS which are acting on behalf of TFL for a Penalty charge notice, the letter is address to me in a way that it is has my middle name and surname correct (but does not have my first name) which I use in all official correspondence, the road name is also correct but the actual house number is wrong, but our postman delivered this to us as it has our family name on. I was not on this bus and haven't used it for at least 6 months and then only the once. I presume that the person knows me as they used a my middle and surname and also knew the road which I live on but got the house number and the last bit of the postcode wrong. I was at work on that particular day and did use my oyster card but on a different route. Can someone please let me know what I should do as I do not want this to escalate. I would like it if someone could let me know if all buses are equiped with CCTV and what do the inspector ask people to prove who they are etc. The letter was dated 6th July and I only reeived it last night due to errror on the address and is now over the 14 day limit, but I can not contact the company by email or phone as it is only an automated system.

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Hello, I received a reminder letter from IRCAS which are acting on behalf of TFL for a Penalty charge notice, the letter is address to me in a way that it is has my middle name and surname correct (but does not have my first name) which I use in all official correspondence, the road name is also correct but the actual house number is wrong, but our postman delivered this to us as it has our family name on. I was not on this bus and haven't used it for at least 6 months and then only the once. I presume that the person knows me as they used a my middle and surname and also knew the road which I live on but got the house number and the last bit of the postcode wrong. I was at work on that particular day and did use my oyster card but on a different route. Can someone please let me know what I should do as I do not want this to escalate. I would like it if someone could let me know if all buses are equiped with CCTV and what do the inspector ask people to prove who they are etc. The letter was dated 6th July and I only reeived it last night due to errror on the address and is now over the 14 day limit, but I can not contact the company by email or phone as it is only an automated system.

 

As I understand the bus side of things, yes, almost all buses have CCTV, but don't rely on that being available to prove anything. It is rare for images to be held for long and they'll almost certainly say there is no film available (unless by pure coincidence the incident happened on the same bus and day when a really serious matter occurred and the images have been preserved for that purpose)

 

Inspectors do ask for proof of ID, but it is possible to pass yourself off as someone else if you have prepared in advance and know what you'll need to do, though these days, it is much harder than ever to get away every time.

 

The key thing here is that you say you were somewhere else, where your attendance can be proven at the material time.

 

Write directly to IRCAS & copy the letter to TfL Customer Relations. Explain your concerns regarding the innaccurate details in the original letter, get a note of your attendance at work stamped by the company on that day or signed by your shift supervisor / manager and send with your letter to advise IRCAS that you were not the traveller and that any further letters concerning this matter will be considered to be harassment.

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