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    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
    • My expectation was their WS would include the best paperwork, like at least true copies of originals, but these just look wrong somehow, perhaps the font and size of font... Not sending me the DN in CCA request but producing it for evidence I would argue could be a tactic used by them... - Page 11 with ticks - there is no reference to IP addresses - Home addresses are correct for dates in documents   Just looking up example Defendant WS's while awaiting your thoughts on this
    • Hello lovely, just posting to check in to see how you are feeling now? Hopefully your feeling better? 
    • Sorry my redactions made it harder dx. Tick dates are 11/12/2014
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Summons after using freedom pass on tfl underground


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I got stopped at aldgate underground station, i had oyster card in one pocket and my mums freedom pass in the other. My mum is under a mental health doctor and i have to keep hold of her per cessions as she will just throw them away otherwise. I explained this to the inspector but she said she had herd it all before. This happened in November 2010, i have now received a summons from London Underground stating i was traveling with the intent to avoid payment. it states on the summons that "if you plead guilty in writing, the application will be as shown below, On the above date in court London Underground will be applying for the sum of £120.00 towards costs incurred. I was hoping someone could offer me some advice on what i should do for the best outcome from this incident.

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Was it your oyster card and was it properly validated for the journey?

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Hi chafford

 

Without giving names, exact times etc,could you pleas provide a little more information? Were police involved? How did the TfL inspector come to see see the Freedom Pass etc?

Quis custodiet ipsos custodes? :razz:

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Bankfodder, the oyster card was in my name, basically i used the freedom pass as i was exiting the station and the inspector was standing in front of the barrier with a hand held control which indicated to her that i was using a freedom pass. Police we on site and did ask the inspector if she needed assistence but she said everything was fine. The inspector then asked to see the freedom pass that i used. I told the inspector i used it by mistake and showed her my oyster but she said that it was an offence etc. Hope this helps.

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Bankfodder, the oyster card was in my name, basically i used the freedom pass as i was exiting the station and the inspector was standing in front of the barrier with a hand held control which indicated to her that i was using a freedom pass. Police we on site and did ask the inspector if she needed assistence but she said everything was fine. The inspector then asked to see the freedom pass that i used. I told the inspector i used it by mistake and showed her my oyster but she said that it was an offence etc. Hope this helps.

 

Bankfodder asks the most important question, did you tap in with your oyster or did you use the freedom pass?

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Well i didn't puzz in when i entered at the start of my journey as there wasn't anywhere where i could as i started at farrendon station and at the time they didn't have anywhere as i used the side enterance. Do you think its worth my while contacting tfl via phone and asking them if they will settle out of court? Not sure what to do really.

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Tfl, or LUL, will look at the uses that both Oysters have had. The history of use will cause them to have a generl idea of whether this is a regular occurance or a one off.

 

I am surprised that it is possible to enter Farringdon without passing an Oyster validator, lets face it, it isn't easy to get into Chafford Hundred or Grays without almost falling over one.

 

I am struggling to see any possible defence in this case, therefore, I recommend that you attend Court, plead guilty, apologise to the Court, tell them about your income and outgoings.

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I agree with Wriggler7. I am not aware of any 'side' entrance that doesn't have Oyster touch-in point at Farringdon, either at the Underground or FCC level.

 

Do you mean that you travelled by underground from somewhere else without touching-in?

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Bankfodder asks the most important question, did you tap in with your oyster or did you use the freedom pass?

 

 

Totally agree. I asked the follow up questions to get more of a picture of events but was also concerned how the Freedom Pass came to light and whether it had been 'tendered,' as there was no mention of this in Bankfodder's original question.

Quis custodiet ipsos custodes? :razz:

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The prosecution will be thinking that you were using the freedom pass for your journey as you never touched in with your oyster.

You have to persuade them that is not the case, if you are sucessful you may only end up with a penalty of some sort, if not you will most likely be prosecuted.

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