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    • Thanks for that. I will give them till Tuesday. Thanks for your help, very much appreciated. 
    • Ok thanks for that, well spotted and all duly noted. Yes they did eventually submit those docs to me after a second letter advising them I was contacting the ICO to make a formal complaint for failing to comply with an earlier SAR that they brushed off as an "administrative error" or something. When I sent the letter telling them I was in contact with the information commissioner to lodge the complaint, the original PCN etc quickly followed along with their excuse!
    • its not about the migrants .. Barrister Helena Kennedy warns that the Conservatives will use their victory over Rwanda to dismantle the law that protects our human rights here in the UK.   Angela Rayner made fun of Rishi Sunak’s height in a fiery exchange at Prime Minister’s Questions, which prompted Joe Murphy to ask: just how low will Labour go? .. well .. not as low as sunak 
    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
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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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Some further clarification on the issue at Finsbury Park. I made an almost identical journey to this one earlier in the week. I touched out at the validator at the top of the spiral staircase from the Victoria line platforms. It beeped once, showed a green light and displayed "Exit", my balance and £1 deduction in brackets. £1 was all I needed to cap for the day so was correct. 11 minutes later I touched in again at the validator at the bottom of the stairs leading up to the Kings Cross bound platforms (1/2 IIRC). It beeped once again, showed a green light ... so far so good ... and repeated the same Exit message with the same balance and the same £1 deduction message. The green light and the single beep would be all that 99% of passengers would want to see/hear, especially if they are in a hurry, or tired, etc etc. I then ran up the stairs because my train was just arriving. I spent the short journey to Kings Cross composing myself in case there were gates and RPIs because I knew I might get a penalty fare. When I got there the gates were open and un-manned (whew). I touched out anyway (out of curiosity) and yet again it beeped once, showed a green light, the same balance again and the same £1 deduction! I then needed to wait 20+ minutes before continuing because I couldn't risk a circular journey had OSIs joined my entire journey together. I spent some of the time at an LUL POM where I examined my journey history. It showed three journeys, two from Crayford to Finsbury Park at no charge and finally Crayford to Kings Cross charging £1. I've requested an email statement which I'm sure will only show one journey, but it hasn't arrived yet. However, my online journey history does show all three touches out. Here's an extract:

jhist.jpg

 

I spent quite a while discussing this issue with a supervisor on the Oyster helpdesk on Thursday. He said that the issue at Finsbury Park is well known and TfL RPIs would certainly take it into consideration. He also suggested that FCC RPIs ought to be aware of the situation.

Edited by MikeWh
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All very fascinating stuff. An issue that I have a curiosity about is: Is it possible to somehow 'fry' the chip in an oyster card? Let us suppose that a passenger has touched in correctly, but by the time he finishes his journey, the Oyster has 'died'? Is it susceptable to any form of microwave or magnetic interferance? We all know that an electromagnetic pulse following nuclear detonation will damage chips, I rather doubt that I will ever have to defend a passenger who's Oyster was damaged in that way, but is there anything else that will do it?

 

I must confess that my knowledge of electronic engineering ceased to be current around about when Tessler started work, so the effect of, for example, a 'knife arch' or a 'passenger scanning' entry position at an airport on an embedded chip in an Oyster is a bit beyond me.

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All very fascinating stuff. An issue that I have a curiosity about is: Is it possible to somehow 'fry' the chip in an oyster card? Let us suppose that a passenger has touched in correctly, but by the time he finishes his journey, the Oyster has 'died'? Is it susceptable to any form of microwave or magnetic interferance? We all know that an electromagnetic pulse following nuclear detonation will damage chips, I rather doubt that I will ever have to defend a passenger who's Oyster was damaged in that way, but is there anything else that will do it?

 

I must confess that my knowledge of electronic engineering ceased to be current around about when Tessler started work, so the effect of, for example, a 'knife arch' or a 'passenger scanning' entry position at an airport on an embedded chip in an Oyster is a bit beyond me.

 

I've been told by a tfl rpi that keeping your Oyster card near your mobile phone could temporarily do something like this but that eventually it would go back to normal. It would be interesting to know if anything had more lasting effects.

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Would it have any bearing on the case if the RPI breached byelaws himself in getting my information? e.g. He refused to show me ID, only wrote down his first name and ID number.

 

As a member of revenue staff I'm only obliged to show my badge - this consists of my photograph, collector ID and some necessary legal wording. As a general employee I'm obliged to wear a name badge which shows only my first name, so it sounds like the RPI has played by the rules.

 

I agree with MikeWh with regards to doubling back. I've read the TfLCoC and Oyster on NRCoU. It is forbidden to leave the system without touching out when using PAYG. Both say that you need not touch out unless you're going out of the system so it can be deduced that doubling back is permitted so long as you stay within the station. Besides, the vector law AC + CB = AB applies if C only has standing validators and you are not at C for long enough for the readers to consider AC as completed. However the routing has zero impact on AB's cost or time limit. You could do AC - CD - DE - EF - FB and the system will continue to consider your journey to be AB unless you exceed the maximum time limit of AD, AE or AF, in which case it will charge an uncompleted Entry at A and an unstarted Exit at D, E or F. Unfortunately the system doesn't automatically split journeys to prevent this happening.

 

I'm not too sure on the physical properties of the Oyster Card. I had a 16+ Zip Card until recently which was validated on average 25-30 times a day, it never "fried" though. It stopped working numerous times, namely due to loading multiple discounts at the same time (16+ FTE, NR Railcard) and was showing "Table Error" messages when validating, apparently it's all been fixed now if the Getting around with discounts leaflet is anything to go by. The things are pretty durable, I imagine exposure to extreme temperatures and strong magnetic fields and of course bending could damage them however.

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Besides, the vector law AC + CB = AB applies if C only has standing validators and you are not at C for long enough for the readers to consider AC as completed. However the routing has zero impact on AB's cost or time limit. You could do AC - CD - DE - EF - FB

 

Nice one. Couldn't have put it any clearer myself.

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Would it have any bearing on the case if the RPI breached byelaws himself in getting my information? e.g. He refused to show me ID, only wrote down his first name and ID number.

 

The requirement for ID is:

 

An authorised person who is exercising any power conferred on him by any of these Byelaws shall produce a form of identification when requested to do so and such identification shall state the name of his employer and shall contain a means of identifying the authorised person.

 

If the person is wearing a name badge then it is deemed that the ID has already been produced before the request is made & therefore byelaw 20(3) is complied with.

As the person wrote down his first name & ID number for you I would suggest that he has gone beyond what is actually required.

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Nice one. Couldn't have put it any clearer myself.

 

Point taken. It's impossible to explain both accurately and succinctly.

 

For simplicity, there's a geneal rule with Oyster - the price and time limit between two stations, regardless of the route taken, is fixed. The price and time limit varies according to the time you travel.

 

For anyone wishing to know a little more, the price and time limit between two stations, regardless of the route taken, is fixed. This includes if an Out of Station Interchange was made during the journey. If you make a journey via a circuituous route, or one which involves numerous OSIs, you will be charged for two incomplete journeys.

 

Neither of those statements is 100% accurate, but how does one explain accurately without going into the intricacies of OSIs, Entry/Exit Charges, NR/TfL/Through fare fares structures, time limit formulae, continuation entries/exits, peak/off peak fares, "against flow" fares, 'Not London' route validators and so on? Some RPIs who (understandably) don't understand how Oyster works will just Penalty Fare/prosecute customers just to be on the safe side. I've certainly been on both sides of the fence. It's not appropriate to make RPIs have a degree in Oyster technology to carry out their job - but a modicum of common sense and discretion should surely be applied when dealing with customers with an Oyster Card.

 

I don't wish to deviate from the topic too much - it's deeply upsetting that an RPI's lack of knowledge/discretion can lead to a customer getting a criminal record. TfL know that customers erroneously validate en route at interchange stations. They've addressed this by programming the system to disregard validations it deems to have been made at an intermediate stage of a journey. Given the error would have been corrected upon validation at Harringay, is Mistralee actually in violation of Byelaw 18, objectively speaking?

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