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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      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.  

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    • 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
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So i was travelling on a train without a ticket because I had forgotten it. When i was questioned, I initially gave a false name and address. Now the train company has taken this to the magistrates court and i face conviction. I am a healthcare professional and so i really cannot afford to have a criminal conviction. What do i do? Will this effect my ability to get a job in the future?

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So i was travelling on a train without a ticket because I had forgotten it. When i was questioned, I initially gave a false name and address. Now the train company has taken this to the magistrates court and i face conviction. I am a healthcare professional and so i really cannot afford to have a criminal conviction. What do i do? Will this effect my ability to get a job in the future?

 

First Capital connect and the only offence they mention is 'Failing to hand over a rail ticket for inspection'

 

Do you have a season ticket, which you had forgotten on the day? If so this may be why they aren't prosecuting for S5. RRA 1889 (intent to avoid a fare)

 

Are they proceeding under Bylaw 18 (failure to present a ticket on demand).?

 

Normal advice is to write, offering an apology.

Their attitude may be being hardened by the initial false details, which may feature in the report made by the TOC staff.

 

If you had previously paid your fare, they can't prosecute you for the false details under RRA 1889 S5(3)c .... But it may still have made them determined to proceed for what they can for trying it on by false details.

 

http://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5

 

If any person—

(a)Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof; or

(b)Having paid his fare for a certain distance, knowingly and wilfully proceeds by train beyond that distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof; or

©Having failed to pay his fare, gives in reply to a request by an officer of a railway company a false name or address,

 

You may have scuppered yourself by the false details.

If you write pleading for mercy given the possible effect on your career, how would you address the "false details" issue if you think that might be what is preventing them being lenient?

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I purchased the ticket with cash and unfortunately i have lost the ticket so i have no proof of even having one. I have already tried writing a letter and they have still decided to proceed with prosecution.

I have no idea how to address the false details issue. I just panicked when they asked me because i feared that it would have an effect on my career and ironically it now is having an effect.

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Write again, explaining what you have explained here.

Apologise (in your own words : they'll have seen enough examples where people copy "a script off the Internet")

You might consider what to cover : the events, any waste of their staff's time from the events & since ....

You might want to offer to settle for their expenses (consider saying you had paid your fare but since you can't prove it & they must hear that all the time you'd be willing to pay it again if they had any doubts) all due to the disproportionate effect a conviction would have on you.

 

If they proceed to court you will likely be convicted and it will show on an eDBS : you'll need to declare that to employers for most healthcare jobs : if you give the circumstances it may be an inconvenience rather than an absolute bar to employment - but try to avoid the conviction by pleading your case to the TOC.

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Good advice by BazzaS,

 

 

Your best hope at this stage is to offer a sincere apology to both the company and staff concerned and ask if you may be allowed to protect your good name by being allowed to pay all of the administrative costs incurred by the rail company and any outstanding fares. Giving a false name and address when initially questioned does raise these matters to a more serious level and given that you have no proof of having purchased the lost ticket, it is encouraging for you that FCC have not proceeded with the S.5 RoRA charge

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I was wondering whether they have not mentioned it so that they dont let me know their entire prosecution case. I am really quite worried about whats going to happen now but i shall write another letter and see how things proceed.

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If you have actually have received a summons for fare evasion and/or giving false particulars your only option is to declare this to your employer, and refer yourself to your regulatory body ASAP. It will be tough, but this will go in your favor over the course of any disciplinary/ fitness to practice procedures.

 

 

Good Luck

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Err nice one CoalMonkey LOL but perhaps let's not cross our bridges before they've hatched... what you suggest is much further down the line as yet and their is still much to be done re. the actual case.

 

Agreed.

 

The aim is to prevent a successful prosecution if possible.

 

If that fails and you get convicted THEN is the time to tell your employer and regulatory body.

 

Different if you were charged with murder, but here there is still the chance you can get them not to proceed!

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You're right. However the letter stated i shall receive a court summons soon. Thus i am panicking now. Thank you for the help. Also wanted to ask if it would be okay to call them and try to persuade them to make an out of court settlement? Or must it be written?

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You're right. However the letter stated i shall receive a court summons soon. Thus i am panicking now. Thank you for the help. Also wanted to ask if it would be okay to call them and try to persuade them to make an out of court settlement? Or must it be written?

 

 

 

it is always best to put any such appeal in writing, there is then a tangible record of exactly what you have said in requesting such a consideration

 

Many prosecution departments will not actually give any decision by telephone in any case. A signed letter will have much more value.

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So I've been in touch with some solicitors who want £1500 to represent me and are confident they can prevent a criminal record.

They informed me that if First Capital Connect have applied for a court summons this will already be on an eDRB.

 

Would it be a good idea to pay them and do this or to try and get Legal Aid? I have no idea..

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So I've been in touch with some solicitors who want £1500 to represent me and are confident they can prevent a criminal record.

 

Are they indeed. What exactly is their area of specialism and what is their pro rata success rate with cases under railway Bylaws? I would want (positive) answers to these questions from them before I parted with my f-oldin' money!!!

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Are they indeed. What exactly is their area of specialism and what is their pro rata success rate with cases under railway Bylaws? I would want (positive) answers to these questions from them before I parted with my f-oldin' money!!!

 

They are Gray Hooper Holt and specialise in Fare Evasion. I shall ask them their success rate and post back.

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I see they list some 'successful' case studies here: http://www.grayhooperholt.co.uk/successful-fare-evasion-cases.html

 

I note that the vast majority involve making 'detailed representations' to the prosecutors- in other words, exactly what you are being advised to do here, except saving you £1500 ;) See, likewise, those cases did not involve proving the company to be 'in the wrong' or without legal foundation, but achieving administrative- out of court- settlements; again what is being advised here.

 

I in no way criticise or defend anyone using this or any other firm for this purpose, but would merely point out that in the context of 'value for money' any expenditure appears to for very little more than you could actually do yourself.

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What is referred to as 'fare evasion' is legally charged as 'intent to avoid a fare or part thereof'.

 

'Intent to avoid a fare' and 'Breach of Byelaw' are two different things.

 

If convicted, intent to avoid a fare carries a record of criminal conviction. It is a recordable offence.

 

Conviction for breach of Byelaw does not result in a criminal record.

 

These offences do not qualify for legal aid. (unless an offender has a record for a number of similar convictions for intent to avoid a fare and would then be in danger of being sentenced to custody.)

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OC, I seem to remember that you have commented on smart alec lawyers not helping cases in the past. I'm not asking about these specific lawyers of course , but what is your view on the more specialist ones and how effective they are please?

 

I understand if you feel commenting is wrong, just thought it might help the OP if you can share any experiences.

 

HB

Illegitimi non carborundum

 

 

 

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