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    • I disagree that the motorists interviewed in the local paper had a better case than you.  OPS made it impossible to pay, and can be shown to have allowed this at best negligent situation to go on for months.   You've asked straight questions, which is fair enough.  If OPS did sue you, it would be for 2 x £100 PCN + 2 x £60 invented Unicorn Food Tax + £50 legal costs (remember these are capped at small claims) + £50 court fee costs + some interest = around £420.  There are three possible outcomes to a court case    - you win and owe £0.00    - you lose, the judge doesn't allow the Unicorn Food tax, you owe £300.00    - you lose, the judge is lazy and allows the Unicorn Food Tax, you owe £420.00.   Yes, fighting would take some work, however over many months, namely    - build up some evidence against them as in post 14    - read other OPS threads here so you get the right idea    - reply to a Letter Before Claim if it comes, we have loads of examples of snotty letters on the forum    - defend the claim should it be issued, we have a standard generic defence    - if the case proceeds, prepare a Witness Statement.  This has to be done seriously & properly.  However, again, there are examples compiled by other motorists here which you could use as a basis.   This is all worst case scenario of course, if they knew you'd be big trouble in court they might well give up before a court claim.
    • Hi there BankFodder and team - PARCELHERO filed their defence last Friday: below is what has been written:    * Claimant entered into an agreement to send a shipment via a carrier of his choice. * That carrier was Hermes. * For all Hermes bookings we do not offer any free cover in the event of loss or damage, so unless any is purchased, in the event of either loss or damage, a claim cannot be processed. * During the booking process the claimant, despite presented with the option to purchase cover, selected the option that states he will 'accept the risk' of sending his item without cover. * Unfortunately the claimants item was lost by their chosen carrier Hermes, so the claim was respectfully denied by Parcelhero.com Ltd as per our contractual agreement.   Here is the latest in the claim history -  A bar was put in place for PARCELHERO.COM LIMITED on 11/06/2021 PARCELHERO.COM LIMITED filed a defence on 11/06/2021 at 14:05:11 DQ sent to PARCELHERO.COM LIMITED on 14/06/2021   I gather from the MCOL user guide that I will now be sent a questionnaire to be completed and returned and that mediation is a likely next steps. As ever, I would be grateful for any observations or focus areas of advice you could offer.  Many thanks in advance, Martin   
    • stop thinking and using the word fine and you might understand how things work better   
    • Thank you both for your detailed replies. Yes, I agree, what OPS are doing is tantamount to theft, but in my case, I fear it's legalised theft. I can't find that many other OPS cases in this forum, but of those that I did find, including those mentioned in the news articles paid online, all had actually paid for their parking ticket, but were "fined" in spite of that. They clearly have a much better case than I do.   My one and only previous experience in the small claims court has taught me that it's not about what is fair and reasonable, all the judge cares about is the law, and what's in the contract. Dx, I'm sorry, I don't understand your comment above, and I still fear that I am (regrettably) legally in the wrong.   Dave, you admit that I would have to put in a lot of time fighting this case, and I'm thinking that really, life is too short, and that time is worth more to me than the £120. Nonetheless, I would contest it on principle, if I thought I had a realistic chance of winning.   I take your point about not getting a CCJ if you pay the "fine", but the stakes are escalating, surely. If I lose, I will have to pay the court costs as well as the £200 fine, won't I?
    • If you go to use a mediation service then you should use the one supplied by the County Court. To suggest ADR when first of all you have no idea how it is organised, who would provide it, how much it costs et cetera is simply asking for trouble. There is a motor traders trade association which will provide ADR – but don't forget that by and large they represent the trade. The fact you are asking whether or not conciliation services are offered free of charge shows that you don't know how it works so why on earth are you even bringing it into the equation? You shouldn't be considering anything without understanding what it is you are considering or proposing. Suggesting ADR immediately suggests that you are prepared to sacrifice some of your rights.  I don't see why you feel that you have to show some kind of goodwill after all the treatment that you have suffered – but on the other hand, we have understood by now that this is a man that you want to protect. Bless. Suggesting ADR without having a court process underway means that you giving out signs that you are still not fully committed to bringing a legal action – and you have demonstrated that since January by sending three threats of legal action and not following any of them up. By suggesting ADR again, you are going down the same path – why should anybody take it seriously.   On FastTrack, don't forget, you will only end up paying the other side' s legal bills if they win. On the basis of what you say, that looks like a very outside chance. If you did go on the fast track then you would also recover your own litigant in person costs at 18 quid an hour. Not much – but then it delivers an extra slap to your secret friend. Also, you would be able to claim interest at 8% per year so you would be looking at at least two years interest on 10 grand – 800 quid a year. Plus by the time this is all over, you could be looking at 300 quid or so in litigant in person costs. But of course the fast track is a risk that you will have to take. Check the figures I have put in the proposed draft, I calculated that it's about a year and 1/2 you haven't had the vehicle that you need to make it precise – at least within a month. I suggest that you post up here before you send it off.  
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Hey! Basically thus is wat happend ! I got on the train for pically and a ticket chek took place, i didnt have time

To buy a ticket in the morning but was gna buy one on

The train ! Wen the ticket officer came a showed him

A ticket i had already used but was still valid ! N wen he asked me if i had used it before i said no as the train was full and everyone was looking at me ! He said he wud check

Cctv and see if the ticket was used or not ! I realised i had made a mistake and then asked to speak to the

Conductor further down the train an admitted i used the ticket before ! He took my details and sed i wud b sent a letter for evasion ! I knw this all my stupid fault but wat can i do to avoid legal action and a criminal record as that wud leave me unable to carry on with my degree and get a job! Pleassseee Help !!!

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Hey! Basically thus is wat happend ! I got on the train for pically and a ticket chek took place, i didnt have time

To buy a ticket in the morning but was gna buy one on

The train ! Wen the ticket officer came a showed him

A ticket i had already used but was still valid ! N wen he asked me if i had used it before i said no as the train was full and everyone was looking at me ! He said he wud check

Cctv and see if the ticket was used or not ! I realised i had made a mistake and then asked to speak to the

Conductor further down the train an admitted i used the ticket before ! He took my details and sed i wud b sent a letter for evasion ! I knw this all my stupid fault but wat can i do to avoid legal action and a criminal record as that wud leave me unable to carry on with my degree and get a job! Pleassseee Help !!!

 

Hello and welcome to CAG. I expect the guys will be along to advise as and when their day jobs permit. I hope they understand txtspk, because most of us aren't students :).

 

You may have to wait for their letter to see what they want to do, but from what I've read on the forum, you were unable to show a valid ticket when asked to produce one and this can lead to a penalty or prosecution. There is no point ringing them at this stage because they won't have allocated a reference to your case yet and won't be able to trace the paperwork.

 

Once the letter arrives which could be 6-8 weeks, you'll have a chance to explain your side of things and ask if they are prepared to settle out of court. They don't have to.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Yh it was a standard ticket but it wasnt stamped the first time i used it! I knw it was my mistake showing it him

But then i did admit i used it an bought a tiket eventhough the revenue guy said i didnt need to buy one. I am

Really confused and worried !!

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You mean like "you do not have to say anything" sort of caution, Okay your best sitting tight and waiting for FCC to write to you to see what they are going to prosecute you with, I wouldnt start worrying about fines and convictions at this moment in time.

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How do we know it's FCC? I don't think any TOC will show much lenience with reused Anytime Returns to be honest. They've gone to tremendous lengths including altering the period of validity of ticket types Anytime/Off Peak Returns and banishing Anytime Returns for many short distance trips to try and reduce precisely this type of fraud.

 

Best of luck anyway!

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This is very likely to result in prosecution in my view.

 

We would need a bit more information to be able to give any meaningful suggestion in any specific case, but in general any attempted re-use is viewed as a deliberate fraudulent intent.

 

Was this the outward half of a two-part ticket and did you have the return half of that ticket with you, or were you using the return portion?

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