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    • Do not under any circumstances plead guilty until we know what we are dealing with. It's a sure way to 9 points. The tried and tested way to handle this is to plead not guilty to both charges and offer to plead guilty to speeding provided the "Fail to give information" charge is dropped. But I am concerned about this "ticket refused" sticker. I've never heard of this before. A "ticket" is not a term used in connection with speeding offences. There seems a distinct possibility that your response was received by the police but one thing worries me: I've never heard of a sticker being placed on a response and it being returned "Return to Sender". t's just not what ticket offices do. If you could post a picture of this document and the sticker it might help.  If you can show the response was received you may have a defence to the "Fail to Provide" charge (provided you completed your response properly). If the police are saying you did not respond they cannot succeed with a speeding charge (as they have no evidence you were driving). But if you did not respond, who put the sticker on the document and sent it back yo you?
    • lolerz, many thanks for your reply and correcting my big mistake, oh dear start again. They sent the section 48 along with the Form NO 6A, it was sitting on top of the paperwork, sorry about that. SO they have sent me a Form No 6A and i have received the court paperwork with the claim form and defence paperwork.    
    • Hamster Bedding. Ignore.
    • Hi, below is a draft of the letter Address: Hugo Martin Director of Legal and Company Secretary EVRi Parcelnet Ltd trading as Evri CAPITOL HOUSE, 1, CAPITOL CLOSE LEEDS LS27 0WH REQUEST OF CONTRACTS      Dear Sir/Madam, I am writing in regards to the ongoing small claims case ____. In your Defendant’s response you make reference to a pre-existing commercial agreement between yourselves and Packlink (2.7). In that, you claim to have a clause removing customers third party rights under the Contract (Rights of Third Parties) Act 1999. I would like to request a copy of this contract and confirmation of the date on which the exclusion of third party rights term was included in it. If you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. I also notice that you have destroyed tracking information due to "lapse of time" in line with your data protection policy (2.12). Can you share where this data protection policy is disclosed to customers? I also ask you to forward you a copy of that data protectiono policy, and again if you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. Kind regards,
    • Firstly, thank you for filling in the sticky so quickly - we wish everyone who comes here would do that! You're in the clear.  MET don't know who the driver was.  They can use Schedule 4 of the Protection of Freedoms Act 2012 to transfer liability to the keeper if their bilge arrives within 14 days - they didn't send it out till 102 days after!!! So sit on your hands.  MET will come out with threat after threat but ultimately will do nothing. Have a read of other threads for this car park - we are having a tsunami of cases at the moment. Be sure to come back here though if they ever send you a Letter of Claim.  
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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Issued an unfair caution!


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Still, it is good to see that Infiniteseeker is up early, getting ready for work and now off JSA. I assume that his mother is relieved that he is now taking responsibility for his fines incurred last year, and that she no longer has Marstons knocking on her door.

 

One or two posters in these threads are genuinely terrified that charges relating to avoiding rail fares will lead to prison, and 'we' have spent a lot of time saying 'it could, but it won't'. Many times we have explained that although the maximum sentence is three months at the taxpayer's expense, we have never had personal experience of that happening.

 

However, wilful non payment of fines/court impositions is an entirely different thing, and can lead to prison. Normally, Courts make an enforcement order at the same time as announcing fines, which enables the fines to be collected (generally after 14 days) by bailiffs. However, if a Court feels that a person has not tried to pay fines, they can simply say '7 days' for 'wilful non payment'. And they can still enforce the original penalties.

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Quite right, sort of! The 1889 act brought together some older acts, some from 1840. And my views on 'old law' is that very often it is very good law, and has had the benefit of years of examination. There are many cases brought under the 1889 act that have gone all the way through the appeals system, which have given us some very good judicial views on the Act. The 1889 act is pretty international. If you ever feel a need to read Indian law, you will find the same words used, as it is in the relevant Irish State law. Queen Victoria signed off some good Acts.

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The irony isn't lost on me that we have Sean on here who made a few mistakes (of his own making to be fair) and is listening to the advice given to him, yet infiniteseeker jumps in giving his own opinions when he clearly is not listening to advice given to him!

Have a look at both threads and make your own opinion.

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The irony isn't lost on me that we have Sean on here who made a few mistakes (of his own making to be fair) and is listening to the advice given to him, yet infiniteseeker jumps in giving his own opinions when he clearly is not listening to advice given to him!

Have a look at both threads and make your own opinion.

 

Just what I was thinking seems to have a problem with companies who charge for their services?

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?282097-Southern-Trains-again&p=3182144&highlight=#post3182144

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?238372-Marston-Group-enforcing-quot-Fine-quot&p=2654496&highlight=#post2654496

Edited by esmerobbo
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Quite right, sort of! The 1889 act brought together some older acts, some from 1840. And my views on 'old law' is that very often it is very good law, and has had the benefit of years of examination. There are many cases brought under the 1889 act that have gone all the way through the appeals system, which have given us some very good judicial views on the Act. The 1889 act is pretty international. If you ever feel a need to read Indian law, you will find the same words used, as it is in the relevant Irish State law. Queen Victoria signed off some good Acts.

 

I reckon you were there! :wink:

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Edit 2 add:

To the OP:

It's total bull**** isn't it, no one actually loses anything by you travelling on the train that once without a ticket, but because they are a business motivated solely by profits and you were breaking their company policy they will now fine you a ridiculously excessive amount. Essentially they punish you for being poor by making you poorer, noone said the system was genius (or even works) but by golly we do believe in it.

 

Good luck!

You seem to emphasise that this is just their policy, yet as has been said, it has nothing to do with specific TOCs, but an act that has been in place since before 1889 to all intents and purposes. Although slightly different, the byelaws are similar, and have nothing to do with companies making their money!...Even Penalty Fares aren't solely for the TOCs' gain, and as such they don't receive the full amount (I assume).
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If you don't get back on topic, Old Codja (On his Vinnie) and I on my RGS will come down there and teach you how to burn serious rubber. Question is, has Old Codja got a Comet, a Rapide or a Black Shadow?

 

This being an 'advice forum', I hope you won't mind an old git reminding you that there are two types of bikers: those that have fallen off and those that are going to.

 

I Have, it was definitely fun but not something i'm going to do again (it's was fun looking back on it, not at the time) and thank god it wasn't on a road.

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