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    • Well please can you search everything and get all your documents together. Read them. Understand what you have. And they make sure they are properly filed. Do you have the name and address of the driver? Also I believe that you said that you had received a message from your own insurer saying that you were liable – or something like that. Please can you reproduce that message here – preferably in PDF format
    • As i stated above, i found out a document from my draw that admirel had sent me on the 25th of january. I found it out to see if it had any information about the van. Then i saw that it said ' section l -witnesses , then a male name .
    • You say that you have only just found out that the van driver has apparently got witnesses to the accident. How did you just find this out?
    • Well reading the bullet points is essential. If you think that the bullet points are a correct account of what happened and you are prepared to stand by this account and even eventually sign a statement of truth – in the event that this goes to court – then it is worth going forward. If you think that this is not a correct account then probably we have to stop. If you have received documents from the van driver's insurance then it may be correct not to respond to them at the moment – but we would like to know what those documents are. I'm amazed that your own insurers haven't sent you any formal documents. As I've already said, send them the SAR straightaway. Also I think that separately you should phone them tomorrow and ask them what's going on and tell them that you want documents relating to their finding that you should be held liable for the accident. See what they say about this. They may say that they are not prepared to disclose documents to you. Once again, I've already suggested elsewhere that you should read our customer services guide and implement the advice there. This is essential. My prediction is that if you want to deal with this then you will have to sue the van driver in the County Court for negligent driving. This will be a small claim and so the outlay to you would be relatively minor and you would not have to pay the other side's costs in the event that you lost. I would expect that your outlay would be only about £200. If you won then that would change everything in terms of getting compensation for your car and also in respect of the cost of repairs for the damage vehicles. Also, it would assist on your other thread in dealing with the extortionate price that you been required to pay for the car – which I think we've already indicated is a complete scam. I think you had better start learning not to trust anyone. You can trust us – but you have to make your own judgement on that score – that there is certainly no one else that you can trust in this. Would you eventually be prepared to take a small claim in the County Court? If you have no experience of this then talk to 1 or two people but also read up on this website about the steps involved taking a small claim in the County Court. It's straightforward but you need to know the steps in advance. You will not need a lawyer – but if you did decide to get a lawyer then it will be very expensive and you won't get the money back even if you win.
    • Iv only just seen that the van driver is claiming a witnesses, i didn't know this other than from 10 minutes ago.    I haven't received any documents from my own insurance , the document i received was from admirel - the van drivers insurance.   Yes i have the name and address of the van driver.   There was still ice on the road yes.    I will carefully read through your bulletpoints and comment afterwards.     
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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TFL - Took wrong blue discounted oyster card - please help!


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Thank you to all who contributed to this forum.

 

I have worked my way through as many post as I can,

and it has helped me to calm down since getting cautioned by an inspector on the tube.

 

It was very distressing for me and really affected my day to day activities for the first 48 hours or so.

 

The letter that I had been expecting came today

and one thing that struck me was how it does not ask me to comment on the incident.

 

It merely asked me to fill out the form on the reverse side.

 

It reads:

1. If you deny committing an offence, please explain why.

Please note, xxx fare evasion offences are ones of strict liability.

This means that a mistake or accident is not a defence.

The fact you were on a ttt service without a valid ticket or pass is normally sufficient for a conviction.

 

2. If you accept committing an offence,

please provide any exceptional reasons,

including evidence, as to why ttt should not proceed with a prosecution.

 

The whole episode was quite distressing when the inspector came.

I wasn't expecting anything wrong and quite happily produced my card.

 

Earlier that morning, I couldn't find my normal oyster card (which has a photo)

and having emptied my bag, dug up another oyster card,

 

I then picked up a friend's card (not photocard) on the table by mistake (which I realised only on hindsight)

, which had a young person railcard loaded on it.

 

However it strangely contained also another discount, but we do not know what it was

(because my friend had asked me before what discounts are available).

 

In any case, when asked about the discounts on the card,

I panicked because it was only then I realised I took the wrong card

and I acted as if the card was my own, and told them there's a young person railcard

and possibly another thing.

 

The inspector then asked if I had any photo ID to prove the second discount,

but I didn't even know what discount was on it

 

I was even asked by a different inspector how much I paid for that card.

 

So they suspected me of fare evasion because of the second discount and then interviewed me under caution,

and I told them everything I knew about that card, but I acted as if the card belonged to me

(I still don't know why I did that).

 

I am an international and so I'm very worried about losing my visa.

My normal oyster should contain details of my travel history and the frequency of topping up,

but I'm now not even sure if I have accidentally picked up my friend's oyster card by mistake

on the days I could not find my normal oyster card (I don't travel on the tube every day).

 

My friend says he doesn't think the card is registered as he doesn't have any log in details to check that card.

 

The fact is that the card I used that day was invalid so I can't choose option 1.

 

But what should I write?

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option 2

 

simply explain you made a mistake [very briefly with no unnecessary waffle!!]

 

grovel and offer to pay any reasonable admin fees and any equivalent financial sums to any fines

 

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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it appears to me this was and they are investigating it as,

a single event of fare evasion.

 

they know who you are and can quite easily check other cards and there usage

should they wish too.

 

grovel and offer to pay any reasonable adminlink3.gif fees and any equivalent financial sums to any fines

in an attempt to avoid future visa and employment etc issues

as these could ruin your future.

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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  • 1 month later...

Hi I have replied to their letter as advised, sending it out using their prepaid envelope, but I haven't heard anything from them since. Is it their standard practice to acknowledge that they have received my reply?

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so when did you send 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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Share on other sites
Thank you to all who contributed to this forum.

 

I have worked my way through as many post as I can,

and it has helped me to calm down since getting cautioned by an inspector on the tube.

 

It was very distressing for me and really affected my day to day activities for the first 48 hours or so.

 

The letter that I had been expecting came today

and one thing that struck me was how it does not ask me to comment on the incident.

 

It merely asked me to fill out the form on the reverse side.

 

It reads:

1. If you deny committing an offence, please explain why.

Please note, xxx fare evasion offences are ones of strict liability.

This means that a mistake or accident is not a defence.

The fact you were on a ttt service without a valid ticket or pass is normally sufficient for a conviction.

 

2. If you accept committing an offence,

please provide any exceptional reasons,

including evidence, as to why ttt should not proceed with a prosecution.

 

The whole episode was quite distressing when the inspector came.

I wasn't expecting anything wrong and quite happily produced my card.

 

Earlier that morning, I couldn't find my normal oyster card (which has a photo)

and having emptied my bag, dug up another oyster card,

 

I then picked up a friend's card (not photocard) on the table by mistake (which I realised only on hindsight)

, which had a young person railcard loaded on it.

 

However it strangely contained also another discount, but we do not know what it was

(because my friend had asked me before what discounts are available).

 

In any case, when asked about the discounts on the card,

I panicked because it was only then I realised I took the wrong card

and I acted as if the card was my own, and told them there's a young person railcard

and possibly another thing.

 

The inspector then asked if I had any photo ID to prove the second discount,

but I didn't even know what discount was on it

 

I was even asked by a different inspector how much I paid for that card.

 

So they suspected me of fare evasion because of the second discount and then interviewed me under caution,

and I told them everything I knew about that card, but I acted as if the card belonged to me

(I still don't know why I did that).

 

I am an international and so I'm very worried about losing my visa.

My normal oyster should contain details of my travel history and the frequency of topping up,

but I'm now not even sure if I have accidentally picked up my friend's oyster card by mistake

on the days I could not find my normal oyster card (I don't travel on the tube every day).

 

My friend says he doesn't think the card is registered as he doesn't have any log in details to check that card.

 

The fact is that the card I used that day was invalid so I can't choose option 1.

 

But what should I write?

 

It's amazing how often this happens...

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i'd be inclined to ring them

unless the more knowledgeable ones think otherwise

 

 

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

What date did you travel when you were reported?

 

Your first post was 09th March and by then you had already received correspondence from TfL.

 

If they intend to prosecute TfL have up to 6 months to deal with these matters, I usually recommend NOT reminding them that they haven't written to you, but waiting for them to contact you and then responding as appropriate.

 

I prefer to recall my late father's advice, 'There's little point in poking a Wasp's nest unless you want to get stung.'

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  • 2 weeks later...
  • 1 month later...

I received a letter yesterday titled 'Single Justice Procedure Notice'.

 

I feel really devastated.

 

The charge reads that I 'did enter a compulsory ticket area without having with you a valid ticket.

Contrary to Byelaw 17(1) of the Transport for London Railway Byelaws

Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999

and confirmed under section 67 of the Transport Act 1962. .'

 

I left all the grammatical mistakes as they are.

 

It also says that this charge has been authorized by a solicitor.

 

What should I do?

There seems to be no acknowledgement of the letter that I sent last time.

 

It says at the back that they are willing to settle out of Court

only when I can demonstrate 'sufficient mitigating circumstances'.

 

What should I do?

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I wrote something like this:

 

I have read up on the terms of carriage since the incident and I now understand that it is my responsibility to ensure that I have a valid ticket for my travel.

 

It was really not my intention to have an invalid ticket but on the day of the incident

I was unable to find the primary oyster card which I use.

 

After emptying my bag in the student room and creating a mess,

I thought I found my spare Pay-As-You-Go oyster card as it looks blue on the front.

It was only later when the inspector checked my card that I realised I have picked up a friend's card by mistake

and in a panic, acted as if it was mine.

 

I recognise the gravity of failing to produce a ticket and to prevent such mistakes from happening again,

I will switch to contactless in the near future.

 

As I am an international, a prosecution would severely and negatively affect my visa,

future employment and ability to continue with my voluntary work.

 

I sincerely apologize for taking up your time.

I hope that you will consider my situation favourable and allow me to rectify the error

by covering any administrative costs that you have incurred as a result of my action.

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I would simply resend you letter.

 

 

but add that you wish to meet the equiv sums of any fines to avoid the

probs a conviction will cause to your international status and future employment

express this was a one off mistake you regret making and will never intentionally commit again.

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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