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    • This preliminary hearing has been allocated 20 minutes so it should be fairly simple. However, judges are always on the look-out to get cases settled and sometimes these things can mushroom unexpectedly, so I would take along all the paperwork in order and prepare too much rather than too little. For example, we have a recent case where someone went to a preliminary hearing but the judge was appalled by the parking company's case and put huge pressure on their solicitor to discontinue - which he did. I have personal experience of trotting along to a preliminary hearing, only for the judge to go ballistic at the other side's solicitor who promptly dropped the whole case against me. I suggest your Mum takes these notes along and refers to them when necessary.   1.  I sent Parking Eye a Subject Access Request on 03/07/2023.  After one calendar month they had not replied. 2.  Their failure caused me a great deal of distress.  I was desperately trying to prepare for a court case and I felt they were hiding information from me. 3.  However, I did not rush to court, I sent a Letter of Claim on 03/08/2023 giving them an extension.  Again they did not reply.  So I started this court case. 4.  Parking Eye insist I have proof of postage for everything I sent - and I do.  5.  Parking Eye eventually satisfied my Subject Access request at the end of August 2023.  I believe they put a false date on their letter to pretend to have satisfied the one-calendar month deadline.  I believe they will have no proof of postage. 6.  In April Parking Eye sent me a letter to try to settle the matter, which offered me nothing.  7.  Later I sent them a letter offering to settle and asking them to offer a serious amount, not nothing, but they did not reply. 8.  I would be willing to settle out of court, but not on the basis that they offer me nothing.  
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    • 16/10/2023   They feel like the no win no fee solicitors that cant ever help you when you have a clear cut negligence claim
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Accidently got on the wrong train...need advice..!!


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I purchased an advanced ticket for me and my wife to go to london from a website (which i collected at the ticket office 3 days later) had outgoing from Doncaster to London GC (grand central) and return EC(east coast)... my outgoing ticket time was 17.25

now the problem is that when we got to the platform it said 17.17 train to london ..(ON time)..and another 17.25 train (ON time)..! we arrived at 17.18 and a train arrived at 17.23 (late) we got on in a hurry sat down on some reserved seats which we thought was ours at the time..

so to cut the story short the tickets where not valid for that train, we actually got on a east coast train which was late instead of the grand central train which was park down at the lights behind it..and the guard with a smirk on his face said ''that will be full fare £200 please'' i said ''i haven't got that kind of money sorry mate, this is a honest mistake'' he responded by getting his ticket book out and asked me to put my address down and sign which we did and we gave the correct details... i said while doing this...''i feel sick'' he laughed and said ''yeah and i would be'' which made me angry

 

this is the first time in 10 years we have got on a train not saying this is an excuse but really have we got a chance to appeal against it..??

 

thank you

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Firstly, I am going to say that your allegation about the behaviour and comment made by rail staff should be put in writing to the personnel department of the rail company concerned. Third party comment by any of us on this or any other website can have no relevance because we were not witness to any incident

 

As for the tickets, sadly any ticket tendered does have to be valid for the actual train and company for whose services it is issued in order to be accepted as valid for travel.

 

I'm not a fan of proceeding to prosecution in these cases unless there is clear evidence that a pecuniary advantage has been gained, or the traveller was obstructive & unco-operative, but any ticket shown must be valid for the day, date, class of travel, place of the journey and the time of train used. A ticket will only be accepted for travel if it is used in accordance with any relevant restrictions.

 

If your ticket was restricted to the booked train, part of the terms & conditions will make clear that if it is not used in accordance with the conditions, a full single fare will be charged for the journey being made.

 

I'm not sure whether you were given an unpaid fare notice, but if you were, your best bet is to write to the company.

 

If what happened is exactly as described, it is important to be accurate & truthful and apologise for your error, asking them to accept your apology and to cancel the liability on the basis that you made a genuine error because of a late running train.

 

If you were not handed an unpaid fare notice, wait until you receive a letter from the company before you do anything

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OK, I suggest that the key thing to remember is not to come over all 'bolshie' and indignant in your letter.

 

Hard as it may seem to some people, it is up to the traveller to ensure that they board the correct train when using reduced fare tickets especially and the train company liveries are markedly different, so you are looking to appeal to the readers' better nature.

 

It's a bit like buying a loaf of bread in Tesco and taking it back to Sainsbury to complain because it's mouldy. Though they might sell the same brand, you didn't have a contract with them and they do not have to help you.

 

In this case the rail company don't have to agree, but a well written and polite appeal should be given good consideration

 

Good luck

Edited by Old-CodJA
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