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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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SouthWestTrains impending prosecution


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Hello, I would be grateful if some advice could be given regarding my situation.

 

I am currently applying for a visa at the UK Home Office. However, they have just informed me that my visa application has been put on hold due to impending prosecution charges by South West Trains DRU.

 

The Home Office has provided me with the summon reference and that I am charged with "Travelling on railway without paying fare on 29/09/13."

 

I do not recall having received any notification of this from South West Trains. However, I do recall the incident on the morning of Sunday 29th September 2013:

 

I was traveling with a companion. As we were in a rush to catch the train, my companion ran ahead of me to purchase my ticket. He purchased a zone 1-6 railcard with a Young Person's discount for me. We took the train from Kingston to Vauxhall. At Vauxhall, I was requested to show my Young Person's railcard. I then realised that in my rush I had left my wallet at home and my railcard with it (I do actually hold a valid Young Person's railcard). These details were all meticulously noted by the ticket barrier officer in his pocket notebook- at several points I had to dictate the line of events. Following that, I was let through the ticket barrier. For the remainder of my journey, I purchased the same zone 1-6 travelcard, but without any discount.

 

I would like to settle this out of court and as soon as possible so that my visa application can be processed. Already I have not been able to leave the country for over 6 months, and this has affected my work. However, I do not have a letter of notification from South West Trains and therefore do not have any contact details.

 

I have called IRCAS, and have been given a number to the prosecution department of South West Trains. But, for the last 3 working days that I have called them, I have been unable to reach anyone. There doesn't appear to be an answerphone set up either- I just get a message telling me to try again later.

 

Does anybody know how I can get in touch with South West Trains regarding this?

 

Thank you

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I was traveling with a companion. As we were in a rush to catch the train, my companion ran ahead of me to purchase my ticket. He purchased a zone 1-6 railcard with a Young Person's discount for me. We took the train from Kingston to Vauxhall. At Vauxhall, I was requested to show my Young Person's railcard. I then realised that in my rush I had left my wallet at home and my railcard with it (I do actually hold a valid Young Person's railcard).

 

So you could present no supporting documentation for your ticket when questioned? =no ticket unfortunately.

 

These details were all meticulously noted by the ticket barrier officer in his pocket notebook- at several points I had to dictate the line of events.

 

What exactly does this mean? Was the Inspector failing in his duty to second-guess what you had done?

 

Following that, I was let through the ticket barrier. For the remainder of my journey, I purchased the same zone 1-6 travelcard, but without any discount.

 

Good; although that is not retroactive and does not count (again, unfortunately) against your previously reported journey.

 

I would like to settle this out of court and as soon as possible so that my visa application can be processed. Already I have not been able to leave the country for over 6 months, and this has affected my work. However, I do not have a letter of notification from South West Trains and therefore do not have any contact details.

 

Strange. What address did you give the Inspector?

 

I have called IRCAS, and have been given a number to the prosecution department of South West Trains. But, for the last 3 working days that I have called them, I have been unable to reach anyone. There doesn't appear to be an answerphone set up either- I just get a message telling me to try again later.

 

H'mmm that does seem to be an option.

 

Does anybody know how I can get in touch with South West Trains regarding this?

 

Keep trying that number...

 

Thank you

 

No probs, and best of luck.

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So you could present no supporting documentation for your ticket when questioned? =no ticket unfortunately.
No, as I was not carrying my Railcard, I could not present any supporting documentation. I did suggest that he look up my Railcard details on their record, but he said that was not the point. What is relevant is whether I am carrying it at the time of travel. So yes, since I was carrying the wrong ticket, I effectively had 'no' ticket. I don't contest that at all. But what I am requesting for now is advice on how to resolve this.

 

What exactly does this mean? Was the Inspector failing in his duty to second-guess what you had done
Sorry, I am not sure what you mean here. There was no need for the inspector to second-guess what I had done as I had told him directly. However the progression of our conversation was not in chronological order and the exact turn of events was probably hard to follow. My point for including that sentence was that he had detailed and accurate records of the situation.

 

Good; although that is not retroactive and does not count (again, unfortunately) against your previously reported journey.
Unfortunately yes. I mentioned this to clarify that it was just the one journey between Kingston and Vauxhall for which I did not have a ticket. I did not use this discounted ticket for any journeys prior to or following this occasion.

 

What address did you give the Inspector?
My home address. It was definitely correct as he showed me what he wrote to double check.

 

 

Cheers Grotesque, I will keep calling. But if there is any other means of contacting South West trains that you could recommend, do tell.

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I think their address etc is here somewhere, buried in a morass of other threads about... SWT ...but if contact their "customer services" they should either give you any oother contact details Revenue have, or, more likely perhaps, pass on the substance of your problem to them: who may then re-contact you.

 

http://www.southwesttrains.co.uk/contact-us-form.aspx

 

[email protected]

 

At the moment they can proceed in your absence, unless you

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Thanks very much! I have dropped the customer relations team an email and have received a reference number for my case, and the assurance that they will contact me as soon as they can.

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