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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • WiltshireGuy81
      Advice needed regarding Eviction

      By WiltshireGuy81 · Posted

      Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? There was no inventory when I moved in, I also didn't have to pay a deposit. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc.      
    • dx100uk
      General question about CCJ's if not enforced or extended after 6 years

      By dx100uk · Posted

      extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • BazzaS
      Sold shoes to a platform. Tracking shows no issues but company claim empty box received - Should I apply to strikeout?

      By BazzaS · Posted

      You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Andy111
      General question about CCJ's if not enforced or extended after 6 years

      By Andy111 · Posted

      Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
    • dx100uk
      Moneybarn - Termination Received, no default received and only missed 3 payments.

      By dx100uk · Posted

      whats the court claimform for? return of goods order? please complete this:  

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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Dmp80

Dmp80

Posted
Posted

Hi All,

 

Back few months ago i was stopped by a tfl underground staff member using my grans freedom pass. I honestly dont know what came over me to use the pass. It was the first time i have done such a thing. Having read various threads, i belive TFL really goes after people who have used freedom passes.

 

Today i got my first letter from tfl asking me if i had any comments. I plan to ring them up and explain it was stupid mistake from myself and offer any apologies. My question for you is do TFL accept any apologies in such case? If they dont, what will happen next?

 

It was the first time i have used the pass, i had it with me as my gran lives with us and we take her around.

 

I did have my pay as you go card with me that time, worse thing is that i actually had some money on it! :( i hardly travel on the tubes, as i normally take the trains. Which i pay for all the time.

 

Im really worried as the letter say i could go to court and do not want to end up going to prison.

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honeybee13

honeybee13

Posted
Posted
Hi All,

 

Back few months ago i was stopped by a tfl underground staff member using my grans freedom pass. I honestly dont know what came over me to use the pass. It was the first time i have done such a thing. Having read various threads, i belive TFL really goes after people who have used freedom passes.

 

Today i got my first letter from tfl asking me if i had any comments. I plan to ring them up and explain it was stupid mistake from myself and offer any apologies. My question for you is do TFL accept any apologies in such case? If they dont, what will happen next?

 

It was the first time i have used the pass, i had it with me as my gran lives with us and we take her around.

 

I did have my pay as you go card with me that time, worse thing is that i actually had some money on it! :( i hardly travel on the tubes, as i normally take the trains. Which i pay for all the time.

 

Im really worried as the letter say i could go to court and do not want to end up going to prison.

 

Hello there and welcome to CAG.

 

I'm not an industry expert, I hope they will be along later. If this is your first offence then as I understand it, prison is pretty unlikely. But I don't think you can rule out court.

 

As you may understand, a Freedom pass is funded by the taxpayer for people who are on benefits and therefore using someone else's is not viewed well. If they think your gran is involved as well, then she could lose it. Speaking purely for myself, I don't normally buy the 'I happened to be carrying my relative's pass' story because I don't understand why anyone would. I hope as you say you didn't use the pass more than once, because that can be checked.

 

Was the pass confiscated or do you still have it?

 

I hope the guys will advise you on whether you should ring up or reply in writing and on what you might say.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Dmp80

Dmp80

Posted
  • Author
Posted

Thank you Honeybee and SRPO for the reply. Yes the tfl person kept the pass. he did have look at the history on the pass, there have been very few trips on it . As we do take her to places now and then. i know its hard for people to belive on the internet it was turely first time i used it. The tfl inspector asked me questions about the trip etc, which i answered turthfuly and signed his notbook as well.

 

I admit i made a error, its the worst mistake of my life so far. But I never knew such a stupid mistake will mean i could go to court, ive never been in trouble with the law before this.

 

Would it be best if i ring them first or write to them? Also if this goes to court i guess i will get a criminal record?

 

Any advice is welcomed.

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  • 4 months later...
Dmp80

Dmp80

Posted
  • Author
Posted

Hi All,

 

Just to update you all, I got my court documents the other day. Question i had was, do i have to fill out the means form? As i dont really want to give my work details out.

 

Also i read here that on the day there is a slim chance that you can speak to the proecuation person and ask for a out of court settement? is there any truth in that?

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Old-CodJA

Old-CodJA

Posted
Posted
Hi All,

 

Just to update you all, I got my court documents the other day. Question i had was, do i have to fill out the means form? As i dont really want to give my work details out.

 

Also i read here that on the day there is a slim chance that you can speak to the proecuation person and ask for a out of court settement? is there any truth in that?

 

If you do not fill out your statement of means form (MC100), the Magistrates will be entitled to assume that you have an income of £400 per week and will base any fine on that standard.

 

It is also an offence to provide false information on that form. The main thing is that you give accurate name and address, date of birth, income and outgoings and your National Insurance number

 

Yes, it may sometimes be possible to settle at the last minute, but if you are hoping to do so I suggest that you take cash with you to cover at the very least the full prosecution costs and compensation application

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firstclassx

firstclassx

Posted
Posted

TfL don't seem to be concerned about using prosecutions as a money spinner IMO. They punish genuine fare evaders on principal.

 

The British Transport Police may get involved at some point. If your gran gave you the pass then she has committed a Byelaw offence, if you took it without her knowledge, then you stole it... theft?

 

Take AT LEAST £500 cash.

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Dmp80

Dmp80

Posted
  • Author
Posted

thank you for your replys, how do i go about trying to speak to the prosecution person before the case time? i ideally want to go to court and say sorry for my actions and dispite what it comes across on the internet, i made a error of judgement and was the first time ever, however as many people have said here that its still a error and i have to face up to that.

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Old-CodJA

Old-CodJA

Posted
Posted
thank you for your replys, how do i go about trying to speak to the prosecution person before the case time? i ideally want to go to court and say sorry for my actions and dispite what it comes across on the internet, i made a error of judgement and was the first time ever, however as many people have said here that its still a error and i have to face up to that.

 

On arrival at Court, look at the listings displayed on the notice board, or ask which Court your case is listed in.

 

Then, go to whichever Court number you are listed at and make yourself known to the Usher and when you do so, ask if you can speak to the prosecutor.

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Dmp80

Dmp80

Posted
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Posted
On arrival at Court, look at the listings displayed on the notice board, or ask which Court your case is listed in.

 

Then, go to whichever Court number you are listed at and make yourself known to the Usher and when you do so, ask if you can speak to the prosecutor.

 

Thank you, would you think 1hr before the case time will be enough? Shall i take any paperwork with me. i.e the letters i have wrote to TFL?

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Dmp80

Dmp80

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Yes to both questions.

Thank you once again, again another question (sorry!), if the prosecution person doesnt want to see me, can i still show the letters to the judge (when my case gets heard) as whilst i made a error i want to the court to know i made attempt to take many actions.

 

As currenlty i have not replied to my summons, can i write a letter to the judge when i reply stating what happened and how sorry i am? I understand i cant ask the judge to settle out of court as its outside the remit.

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Old-CodJA

Old-CodJA

Posted
Posted

You can plead guilty, apologise and tell the Court that you have tried to make amends by offering to settle this without Court action, but the decision as to whether they prosecute or not is entirely the prerogative of the Rail Company / TfL.

 

The Magistrates might give your comments some consideration when deciding on the penalty, but it is up to them.

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Dmp80

Dmp80

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Posted
You can plead guilty, apologise and tell the Court that you have tried to make amends by offering to settle this without Court action, but the decision as to whether they prosecute or not is entirely the prerogative of the Rail Company / TfL.

 

The Magistrates might give your comments some consideration when deciding on the penalty, but it is up to them.

 

Thank you again for your reply. Can i actually send a letter of apologies and copies of letters sent to TFL to the magistrate, when i send a reply back to the summons? I ask as i dont want to overstep and to be honest i have zero clue about how to deal with magistrate/court (never been in trouble with law till this)

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  • 2 weeks later...
Old-CodJA

Old-CodJA

Posted
Posted
Thank you again for your reply. Can i actually send a letter of apologies and copies of letters sent to TFL to the magistrate, when i send a reply back to the summons? I ask as i dont want to overstep and to be honest i have zero clue about how to deal with magistrate/court (never been in trouble with law till this)

 

You can send, or take copies of your letters to TfL with you to the Court, but it is not the Legal Advisors' role to put your defence for you and the letters are not going to alter the material allegation of what happened when you were stopped by the inspector.

 

What happened after you received the letter alleging an offence is not going to alter the evidence that will be put by the Prosecutor.

 

In attempting to mitigate the effect of conviction & sentence you may tell the Magistrates that you wrote and asked for an opportunity to make amends, but the fact is that if TfL are confident in their evidence of an offence, they have the right to proceed to prosecution if they wish to do so.

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Dmp80

Dmp80

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Posted
You can send, or take copies of your letters to TfL with you to the Court, but it is not the Legal Advisors' role to put your defence for you and the letters are not going to alter the material allegation of what happened when you were stopped by the inspector.

 

What happened after you received the letter alleging an offence is not going to alter the evidence that will be put by the Prosecutor. In mitigation you may tell the Magistrates that you wrote and asked for an opportunity to make amends, but the fact is that if TfL are confident in their evidence of an offence, they have the right to proceed to prosecution if they wish to do so.

 

Thank you for the reply again old-codja (you are doing a fab job in offering advice to many on this site and its very much appreciated), i will send a sorry reply back with my summons to the court and include the letters. Will take it on court day as well just in case. And when i get a chance to speak will say sorry again and let the magistrate make his/her decision.

 

To anyone else that is reading this, never make a mistake in your life! I sure have learnt a lession being a law abiding citizen all your life make no difference if you make a mistake and try to say sorry for it.

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Dmp80

Dmp80

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Posted (edited)

Thanks Honeybee, i have done so.

 

I was tying to type up a letter to the magistrate and was wondering if something like the below will be ok? I ask agian ive never had to write anything like this in the past and i know few people like oldcodja deal with this type of things every day. And i dont want to over step or do the wrong thing. Any comments are welcomed!

 

 

would something like that be ok? Edited by Dmp80
wrong tag used for qoute
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Dmp80

Dmp80

Posted
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Posted

thank you old-codja, i wasnt sure so thought i ask. Good to hear you think the draft its good enough. i'll add one or two bits about what i have done to ensure such mistakes wont happen again and sent it off.

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honeybee13

honeybee13

Posted
Posted
will do, still have a few weeks to go. i shall come back and help on other sections on the website where my skills and knowlege are better suited.

 

That would be excellent, it's always nice to put something back. What happened to your letter a few posts ago btw?

 

HB

Illegitimi non carborundum

 

 

 

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