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    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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Fair Evasion - Freedom Pass swap


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First of all, I feel so ashamed of what I have done,

I have developed a massive anxiety issue and am finding it hard to eat and sleep, let alone step foot on public transport.

Im absolutely terrified of what might happen so any help will be truly appreciated.

 

I graduated from University two years ago, although getting good grades I have struggled to find a job,

I'm in massive debt and am still stuck in my overdraft.

 

Despite this I plan on working and taking a masters so I can proceed with a career.

Im also doing fundraising for charity which I love, and need to travel to other countries to complete my sponsorship.

I know if I get a criminal conviction all this will end and my life will be over. Im so upset, please help me.

 

So ill start from the beginning.

 

My boyfriend has epilepsy and has a freedom pass which he never uses

 

I started to borrow it about 5 months ago, although I didnt quite realise how bad it would be if I got caught.

I also carried around a normal oyster card for the days when he would need it.

 

I entered the underground and swiped his pass,

when I got off the tube I was stopped by the officer,

when he asked to see my card I then gave him the normal oyster.

 

He said it was invalid, in minus credit and had not been used for several weeks.

He took my details, card, where I got on the tube, and asked how I got on.

I just said I walked through.

 

I couldn't even understand what he was saying and had a full blown panic attack.

I do suffer badly from asthma and did forget to take my medication in the morning

which led to me feeling light headed and short of breath which really didnt help.

 

I have now got a letter from TFL asking if I want to make any comment on the situation

and that I could be summoned to court and face a criminal record.

 

I have never done anything wrong in my entire life and always try to help others.

I don't believe how stupid I have been and it now looks like I have destroyed my life by doing what seemed like such a small thing!

 

Once again, Im so scared of what might happen and Im such an idiot! Please help me x

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so cutting through all the waffle

 

 

you've knowingly used a freedom pass not yours on numerous journeys for the last 5 months?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry, I do tend to go on... Yeah I did,

and to top it off I gave a different oyster card to the officer.

 

Im such an idiot, please help.

 

What do you think will happen?

 

Im shaking just thinking about it x

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all might not be lost

 

 

did you at anytime give him the other card

or mention anything about it?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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naughty but nice.

 

donot condone what you have done

but I think you know its extremely wrong.

lesson learned.

 

so in all reality, you've simply been accused of traveling on one journey [in their letter]

and failing to swipe your card...

 

you wont get a criminal record if that's how they see it.

 

it was obvious to the inspector that you were suffering from 'whatever' problem.

 

 

simply write a very grovelling [but short!] letter

apologising for the error [mention you had had a bad night etc etc]

and offering to pay any admin fees and subsequent equivalent fines

to avoid a criminal conviction as this would jeopardise your future employment in XYZ type of job.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you so much DX!!!

I might be able to sleep now thanks to you!

 

 

I'll get drafting a (short) letter, would it be ok if I send it to you before I sent it?

 

Your hospitality has actually really inspired me,

before I never thought these type of forums existed, or would provide any help.

But I see now, from this and others that they do provide a service to people in need.

 

PS - Im planning on becoming a building surveyor believe it or not, and I know lots about housing tendencies including landlord and tenant issues.

 

 

I will look for some forums and try to help others as you have helped me. x

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we have a residential and letting forum

with few helpers

your input will be greatly welcomed

its always busy.

 

 

as for your issue.

if you browse the threads in this forum

there are examples posted already

 

 

ok you did wrong.

but what they don't know.............

 

 

enough said

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

naughty but nice.

 

donot condone what you have done

but I think you know its extremely wrong.

lesson learned.

 

so in all reality, you've simply been accused of traveling on one journey [in their letter]

and failing to swipe your card...

 

you wont get a criminal record if that's how they see it.

 

it was obvious to the inspector that you were suffering from 'whatever' problem.

 

simply write a very grovelling [but short!] letter

apologising for the error [mention you had had a bad night etc etc]

and offering to pay any admin fees and subsequent equivalent fines

to avoid a criminal conviction as this would jeopardise your future employment in XYZ type of job.

 

dx

 

 

I agree with dx : it is worth a try to see if they will accept an "alternative disposal". (Don't say "out of court settlement", though that is what it is).

 

I WAS going to say "don't bother for Freedom Pass abuse, they almost always prosecute" but then noticed you gave the officer the "normal" pass.

 

Just to clarify : the officer didn't see you use the Freedom Pass and never saw it?

It didn't feature AT ALL when you were stopped?.

If so: you may well have had a very lucky escape.

 

 

I'm not condoning what you have done NOR trying to be judgemental, merely commenting on the effect on possible outcome if the inspector never mentioned Freedom Pass abuse in their report.

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  • 6 months later...

and what happened in the end?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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