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    • I've also being doing some reading over the weekend. It appears the law of properties act 1925 does not apply in Scotland (only England and Wales).   "In Scotland an assignation need not be in writing, and intimation is all that is needed to give the assignee a right effective against all parties. Apart from the terminology, the principal differences in England are as follows. Under the Law of Property Act 1925 the assignment must be in writing, the entire benefit must be assigned, and notice must be given to the other contracting party. If any of these elements are missing there may still be an equitable assignment – under which an assignee would typically need to join the assignor as a party to any action under the contract."   So I think the NOA defence is not going to hold up, as Nolans are probably right in what they are saying that their letter (intimation) is sufficient.   So my sole defence is going to be lack of default notice under section 87/88.   Any advice at this stage? I assume costs are still capped at £150 if lose?
    • Hi bankfodder. I do have the invoice in my email, so would it be the cost of the turbo and labour for fitting
    • as i said unsure of what this 15% is about.   the FOS/FCA clearly describe how refund calcs show have been made the their relevant sites.   p'haps at this juncture it might be better to scan up to ONE multipage PDF their refund letters  another set of eyes is always belter.   please read our upload guide carefully      
    • I wouldn't bother with emailing Virgin's CEO.   In April I started a complaint about my BB connection which they repaired quickly but charged me to repair.   I was mostly ignored or promised resolution that never happened. So I complained by email to the CEO, twice, demanding written responses. On each occasion, a lowly call centre worker called and it was obvious they knew or cared little about my actual case.   Finally I got a written reply confirming the charge was dropped but not a penny offered in compo despite the issue taking months to resolve.   Virgin don't take CEO complaints seriously.
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Travelling Without Ticket - Penalty Fare - First Great Western


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Hello,

 

I am unable to purchase a ticket at the railway station as the ticket machines are card only and the ticket office is permanently closed.

 

I approached the guard before boarding the train and asked him if I could buy a ticket. He said yes and told me to board.

 

When he came through the train, he told me that the battery on his machine had died, so I would have to buy one when I changed at the next station.

 

When I went to buy a ticket, I was confronted by a member of staff who told me that I would have to pay a penalty fare for travelling without a ticket.

 

I explained how it was not my fault because there were no facilities to buy a ticket at the station and the guard's machine wasn't working, but I was told that it wasn't relevant because it is an offence to travel without a ticket.

 

They took my details and told me that, if I wanted to continue my journey, I would have to pay a penalty fare on top of a full price ticket for my journey, with no railcards allowed.

 

I was told that I could appeal against this. Can somebody help?

 

Am I likely to get my money back?

 

Will I be able to get the extra money I had to pay for the ticket back as well, or will it just be the penalty fare?

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Not a justified penalty fare, so yes if you complain you should get it repaid. My local station has no ticket office and the machine is often not working. I have never had any problem, as i have always had opportunity to buy a ticket either on train or at final/connecting station. But i think it depends on age and how you explain what happened. I think if you are younger and/or male. you are less likely to be believed.

 

Suggest you send a formal written complaint to GWR head office. You should explain, giving clear details of your journey and what happened.

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Hello there.

 

I agree with UB, I think it's worth contesting this. GWR should be able to ascertain that there was no way of buying a ticket for cash at the station and that the guard's machine was broken.

 

HB

Illegitimi non carborundum

 

 

 

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Hello there.

 

I agree with UB, I think it's worth contesting this. GWR should be able to ascertain that there was no way of buying a ticket for cash at the station and that the guard's machine was broken.

 

HB

 

Honeybee is absolutely right.

 

GWR will know from the monitoring of ticket machines at both ticket offices and on-train whether facilities were available to you or not, so assuming that everything is exactly as you say, there should be no problem at all in resolving this promptly

 

Good luck

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