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


  • Tweets

  • Posts

    • ProperDribbly
      Evri has probably lost a Parcel again.

      By ProperDribbly · Posted

      To be fair ,  she has responded and said she's on holiday but returns Sunday and will bank transfer when she returns and i think i believe her.
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      Checking hi-tech with low tech - Wales leading the way Growing Mid Wales, an organisation set up to bring together the private and public sectors alongside the Welsh Government, has launched a mobile mapping project to track areas of poor mobile phone signal Powys and Ceredigion. They will be using bin lorries which have signal detection equipment installed, and thus able to create a comprehensive map of mobile 'not-spots' in the area, since those vehicles will be visiting just about every property in the area on their usual rounds. Just a moment... WWW.THINKBROADBAND.COM  
    • The Phantom
      Letter from Police, intention to prosecute RTA - advice please on how to proceed

      By The Phantom · Posted

      Hi there   thank you for the reply. No, it's not a silly question at all. I am convinced I didn't hit anything with my car. I was going very slowly and it was the guy standing next to his lorry in the road who punched and kicked my car as I went by. It's cause I saw him do it in the mirror.  I initially thought he did it because he thought I was passing him maybe too closely whilst he was messing around with his lorry ?  That's why I stopped and got out and asked what he thought he was doing hitting my car. He then just hurled abuse at me. Not making any accusations such 'you hit me' 'you hit my lorry' or you did this or that. He just swore and shouted at me. At which point I said I would be making a complaint to his company for his threatening behaviour and vandalism for punching my car. I went to my car , got my phone to take a photo of his number plate but then he came towards me again and I thought if he now hits me I am going to come second. I am a woman in her mid 50s travelling on her own and this guy looked like a Millwall football supporter (short, rotund, skin head) so I decided to leave this situation. I got back in my car closed the door and drove off before he could reach me.  I later checked my phone and noticed the photo was too blurred, as I turned and rushed back to my car too quickly before the camera could focus. So I thought it was pointless making a complaint as the guy couldn't be traced anyway, so I forgot all about it until yesterday. But this is all I can think of, it must have to do with this incident as it is in the same street.   
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

    • BankFodder
      Packlink's contractual relationship with Evri , Evri's relationship with you, your relationship with Packlink

      By BankFodder · Posted

      Please read the following thread very carefully. It is extremely relevant where you are suing Evri on the basis of a contract which you originally made with Packlink who are domiciled in Spain. A judgement has been obtained and we have applied for transcript and it will be put up on this thread as soon as we receive it probably about the end of July. In the meanwhile, read this thread, see what has been discovered about the Packlink/Evri/customer relationship and look at the witness statement very carefully. It's a long thread but don't give up. Once you have the transcript of the judgement, then I will do a more careful and explanatory post here   https://www.consumeractiongroup.co.uk/topic/459707-evri-lost-my-ebay-parcel-£844-court-claim-issued-judgment/

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
Latest activity

Help Freedom Pass

Dmp80
 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4369 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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.

Link to post
Share on other sites
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

 

 

 

Link to post
Share on other sites
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.

Link to post
Share on other sites
  • 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?

Link to post
Share on other sites
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

Link to post
Share on other sites
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.

Link to post
Share on other sites
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.

Link to post
Share on other sites
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.

Link to post
Share on other sites
Dmp80

Dmp80

Posted
  • Author
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?

Link to post
Share on other sites
Dmp80

Dmp80

Posted
  • Author
Posted
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.

Link to post
Share on other sites
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.

Link to post
Share on other sites
Dmp80

Dmp80

Posted
  • Author
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)

Link to post
Share on other sites
  • 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.

  • Confused 1
Link to post
Share on other sites
Dmp80

Dmp80

Posted
  • Author
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.

Link to post
Share on other sites
Dmp80

Dmp80

Posted
  • Author
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
Link to post
Share on other sites
Dmp80

Dmp80

Posted
  • Author
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.

Link to post
Share on other sites
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

 

 

 

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...