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    • and it will be also now written off under age related criteria anyway.
    • DX: Thanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe consequences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points? @Man in the middleI've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
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    • 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.

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