Jump to content


  • Tweets

  • Posts

    • Just for info   Family member had oxford A/Z jab and had 40 degree temperature for 24 hours or so the day after Seems to be OK now and lateral flow showed negative for what thats worth
    • Start off by listing the DCA's and the amounts please
    • I understand that you may have suffered an injury and that you have memory problems. Obviously is not a good situation. However, you have to engage with this thread closely if you want to make headway. It is difficult for us to take an interest and then find that there is no contact for two months and then we have to start again refreshing our memories and being enthusiastic about supporting you. If your lack of contact is because of a memory problem then I think that you probably should make a note on a Post-it or something and put it in a prominent place so that you can remember to get back to us. It is very important for you – because you can be certain that the one people won't forget are Vodafone and eventually their debt collectors who will start to put pressure on you and start to make your life very uncomfortable indeed. I see that back in January I advise you to send Vodafone an SAR. Have you done this? It is an essential step. Also, as a matter of interest are you still with Vodafone? I'm afraid Vodafone are a very troublesome company. They are very inefficient – the only thing they seem to be really good about is about debt collection. There are extremely poor at dealing with problems when things go wrong. The one company we haven't had any complaints about so far is GifFGaff and they offer month by month no contract Sim cards. In effect they sent Sim cards out like confetti and no contract is ever started until the Sim card is actually activated in a telephone. This means that there can be no mistake and no commitment until you have actually made the choice to open your phone, put the card in and then to switch on the service. Even then, you are only bound for a month and then another month and then another month and another month – but you choose. As I say, we've had no complaints here. Have you sent Vodafone the SAR?
    • Dear New Tenant   L C S !st Floor West Wing Town Center House The MerrionCentre Woodhouse Lane Leeds LS2 8LY   02/03/2021   Our Case Ref xxxx Re Our Client E.On   Outstanding balance: £37.xx   FINAL NOTICE   We have been instructed to act on behalf of the above named client to recover the sum of the outstanding of £37.xx for dual fuel consumed at X Whatever Road, Sometown , Anyplace. Despite our previous communications and offer of help we have not received payment or valid reason for non payment for the outstanding balance.   Until you have cleared the outstanding balance, your details may continue to be shared with a credit reference agency.  Other lenders may see information about the way you pay our client and the amount you owe them which could affect your ability to obtain future credit.   In order to prevent any further action and potential inconvenience, we would urge you to pay the full sum immediately or alternatively contact our office on 03445439130 quoting Ref xxxx to discuss your options. Alternatively please email us at [email protected] quoting your reference.   Yours sincerely   Rebecca Carter For and on behalf of LCS   I suspect this is the kind of letter they send when they know they are stuffed?    
    • It already allows visitors to spend their quarantine on a golf course in an effort to boost tourism. View the full article
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 27 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

First Capital Connect intention to prosecute ( Help i'm scared!)


Please note that this topic has not had any new posts for the last 3248 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi there,

 

I am very worried about the situation i may be in. Last week i was travelling from cambridge to Kings cross and i bought a ticket for a return with a 16-25 railcard.

 

At the time i did not check , but my rail card was out of date on Oct 30. I only realised that the railcard was invalid at the time when the inspector asked for my ticket. I understood my mistake but did not have enough money to pay for the ticket at the time.

 

So i was issued with a caution. I answered all questions without hesitation. The only thing at the end was that i asked for the railcard back and he would not give it to me, i said surely he was not aloud to keep my property but then he said that it is the rails property so i let him keep it.

 

I have now received an intention to prosecute and i am so scared, i don not want a criminal record, i am only 21 i have never been in trouble with the law i am very worried. If charged will i defiantly get a criminal record or will i just have to pay the costs?

 

Please help!!

Edited by citizenB
spacing for easier reading
Link to post
Share on other sites

Someone will be along to answer your questions soon - meanwhile have a read round the forum, I am sure you will find others have been in this same situation.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
What offence are they charging you with, Yes all tickets, railcards remain property of the railway at all times.

 

Hi there, they are charging me with Offence ,entering a train for the purpose of traveling without a ticket entitling travel.

 

But I didn't intentionally travel without a valid ticket? I answered in the questions they asked me that I didn't know my railcard was invalid

Thanks so much

Link to post
Share on other sites

Do you have to show your railcard at the ticket office when you purchase a ticket ?

 

If so, why didnt the ticket office notice the rail card was invalid ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hello there.

 

The industry guys should be along to tell you more, but I think the problem is that you bought a discounted ticket when you weren't entitled to, because you didn't have a valid card.

 

CitizenB's point about the ticket office checking your card was discussed the other day on another thread, but the guys were very sceptical about it as I recall. Apparently the expiry date is in quite large font on the front of the travelcard?

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

HB is correct on the railcard, unfortunately as your railcard was out of date this in turn invalidated your ticket, thus being not able to produce a valid ticket, it remains a passengers responsibility to ensure their railcard is in date and clearly marked as valid.

 

Your best step now is to write to the TOC with regards to the issue to see if this issue can be resolved with out the use of courts, there is some letter templates on various threads which may be helpful to you. Please remember though that they are not obliged to accept your offer on the issue.

Link to post
Share on other sites

I just feel so silly because if i had realised the railcard was out of date then i would have purchased a full price ticket. I feel so stupid! Do you think if i write a very apologetic letter and offer to pay all the costs that they will still want to take me to court? I am a university student and am meant to be working in New York next year , if i get a criminal offence i will not be able to travel there!

Link to post
Share on other sites
Do you have to show your railcard at the ticket office when you purchase a ticket ?

 

If so, why didnt the ticket office notice the rail card was invalid ?

 

No, rail staff at a booking office are not obliged to see the card, but the traveller who claims to hold one is obliged to check that the railcard is valid and in date before attempting to use it.

 

The Conditions of Issue & Use make clear that the traveller who is claiming a discount must show a valid railcard along with their ticket when asked and if they fail to do so, they will be treated as if no ticket is held. These T&Cs are accepted at the time of application and purchase of the railcard.

 

I just feel so silly because if i had realised the railcard was out of date then i would have purchased a full price ticket. I feel so stupid! Do you think if i write a very apologetic letter and offer to pay all the costs that they will still want to take me to court? I am a university student and am meant to be working in New York next year , if i get a criminal offence i will not be able to travel there!

 

Yes, writing an apology for the 'uncharacteristic lack of attention to detail, causing extra work for the company & staff concerned' and offering to pay the fare and their reasonable costs is a good idea. Ask if they will be prepared to accept this as a suitable settlement and undertake not to travel without a valid ticket in future.

 

There are no guarantees, but it is always worth trying.

Edited by Old-CodJA
Link to post
Share on other sites

Although no one can say they will accept your offer, you stand a better chance than say someone who has any previous history on the railways, As I noted earlier there are some good templates around on threads which you can alter to suit you position, you stand a chance, just keep it short and sweet, you have right up to the day of court, when is your court date due?

Link to post
Share on other sites

I have done these templates for a number of scenarios, but one think is very important. Always use your own words to convey the same meaning.

 

I can say from very long experience, that when a pile of identical letters fall on a prosecutors desk, some of the 'sympathetic' consideration may well be lost.

Link to post
Share on other sites

hmmm 30 October? not like it is only just out of date! advice so far here is spot on, your only chance is to hope that they will settle out of court.

Views expressed in this forum by me are my own personal opinion and you take it on face value! I make any comments to the best of my knowledge but you take my advice at your own risk.

Link to post
Share on other sites
  • 2 months later...

:-)If you are being prosecuted under S 18(2) of the Railway Byelaws, see if FCC had a notice outside the station you travelled from advising you about their penalty fares. If so, you can argue that the notice about penalty fares is a list of contract terms for ticketless travel and having this notice permits ticketless travel, and complies with 18(3)ii of the Railway Byelaws:

No person shall be in breach of Byelaw 18(1) or 18(2) if:

(i) there were no facilities in working order for the issue or validation of any ticket at the time when, and the station where, he began his journey; or

(ii) there was a notice at the station where he began his journey permitting journeys to be started without a valid ticket; or

(iii) an authorised person gave him permission to travel without a valid ticket.

 

Even if there was not a notice outside the station, the information First Capital Connect have on the internet may for purposes of law, constitute 'a notice at the station where he began his journey'

Edited by notlob
Link to post
Share on other sites
:-)If you are being prosecuted under S 18(2) of the Railway Byelaws, see if FCC had a notice outside the station you travelled from advising you about their penalty fares. If so, you can argue that the notice about penalty fares is a list of contract terms for ticketless travel and having this notice permits ticketless travel, and complies with 18(3)ii of the Railway Byelaws:

No person shall be in breach of Byelaw 18(1) or 18(2) if:

(i) there were no facilities in working order for the issue or validation of any ticket at the time when, and the station where, he began his journey; or

(ii) there was a notice at the station where he began his journey permitting journeys to be started without a valid ticket; or

(iii) an authorised person gave him permission to travel without a valid ticket.

 

Even if there was not a notice outside the station, the information First Capital Connect have on the internet may for purposes of law, constitute 'a notice at the station where he began his journey'

 

I'm afraid that has been tried before.....unsuccessfully

Link to post
Share on other sites
  • 2 weeks later...

@Old-CodJA - difficult to see why FCC would argue penalty fares are not contract terms for ticketless travel. If this arguement is followed we know what penalty fares are not, but it is unclear what they are. If what FCC are doing is capriciously demanding monies from ticketless passengers who have clearly committed a strict-liability offence in exchange for not prosecuting, it sounds like extortion - or at least a corrupt practice.

Link to post
Share on other sites

Penalty Fares are one of a range of revenue protection & control tools. I have experience of this from the beginning when the British Rail Penalty Fares Act was introduced in 1989 - let me also say, I've never been a fan, because the discretionary nature of the PF leads to even more inconsistent application than is evident under the Byelaws.

 

Penalty Fares do NOT over-rule the Railway Byelaws and legislations such as RRA (1889) - It is always the travellers responsibility to pay the fare before travelling where pre-purchase facilities exist.

 

My understanding is that the TOCs should not be demanding money, and as far as I know they are not making demands, but if a traveller (who has been reported) offers, or asks to be allowed to make payment to avoid prosecution, there is absolutely no reason why they should not accept it, although they are not obliged to.

 

The Home Office guidelines to prosecutors positively encourage 'alternative disposals' for some first time cases of minor offending and it might be said that breach of Byelaw may well fit that description.

Edited by Old-CodJA
Link to post
Share on other sites
@Old-CodJA - difficult to see why FCC would argue penalty fares are not contract terms for ticketless travel. If this arguement is followed we know what penalty fares are not, but it is unclear what they are. If what FCC are doing is capriciously demanding monies from ticketless passengers who have clearly committed a strict-liability offence in exchange for not prosecuting, it sounds like extortion - or at least a corrupt practice.

 

You'll need to complain to the DfT as they are the ones who insist that some train operators have Penalty Fare Schemes as part of their franchise.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...