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    • I'm very sorry but this is very scant information and it certainly doesn't lay out the story in the way that I asked. Also there is absolutely no reason why you shouldn't identify the courier. as long as you are straight dealing and honest then it is better to bring things out in the open. we don't play secret squirrel here or get into any skulduggery. we are very pleased to help you and support you but you will have to lay things out in the open so can we can fully understand and provide us with the information that we have asked for  
    • Thank you BankFodder for the feedback and learning; here is the chronology which encapsulates the 'story'.  All parcels listed below were never delivered (for no apparent reason - the reason stated on the messages I received was that 'customer has no knowledge of purchases' ) by the courier who I'm cautious not to name in case there are legal implications for me personally. This matter is now in the Court system. I would be grateful if you could please confirm that you have seen the defence. Chronology Retailer Date goods ordered Date goods collected from retailer & promised for delivery by xxxxxx Comments / Breach of contract Holland & Barrett 23/09/2019 27/09/2019 Parcels not delivered – returned to H&B Debenhams 27/09/19 07/10/2019 Parcels not delivered - returned to Debenhams Holland & Barrett (re-order) 01/10/2019 07/10/2019 Parcels not delivered – returned to H&B Debenhams 29/09/2019 01/10/2019 Parcel not delivered - returned to Debenhams Debenhams 29/09/2019 01/10/2019 Parcel not delivered - returned to Debenhams Debenhams (re-order) 01/10/2019 07/10/2019 Parcel not delivered - returned to Debenhams
    • If you want to save us all a lot of time, you can tell us the whole story in a chronology without too much narrative including who you are dealing with. We really can't say if you have missed a trick until you lay it all out.   In terms of not wanting to bother us, - very noble, but it is less of a bother if you come to us first so that we can help you to get it right first go  
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
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      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
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      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Dear all,

 

I have recently received a letter of intention to prosecute due to an offence that took place in November.

 

I had decided to try riding the train without buying a ticket as I had realised that there where no barriers at the station near my house and the barriers where always open at my University station(Incredibly stupid I know).

 

I was caught by I believe a loss protection officer for southern rail, who took my statement and cautioned me.

 

The issue being that I panicked and lied to the loss protection officer,

claiming that I didn't have time to get a ticket at the station and was in a hurry.

 

I understand from reading other posts here that the best course of action is to send a politely worded letter, offering to pay a fine so as to avoid prosecution.

 

My question is, what is my best course of action?

To tell the truth in my letter,

or to repeat the lie I told the loss protection officer?

 

The offence listed is : failing to hand over a rail ticket for inspection.

 

Thank you in advance.

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the fact that you were or not in a rush should be well ok.

 

 

you've learn now not to chance it

so no good suffering further over that part.

 

 

write a simple brief non waffling grovelling letter

apologising for your actions and that you were in a rush as that day you have an exam or whatever that was important to get too

and you got up late.

 

 

offer to pay any reasonable administration costs and the equivalent to any fine that might be imposed by a court to keep your criminal record clean as this will ruin your future employment prospects.

 

 

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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normally it is a flat rate fine under the penalty fares rules so this points to a station that is not covered by that law. Shame, otherwise you just send a cheque for the £20 plus the ticket price and that is that.

As you say, a letter offering to pay the ticket price and the penalty.

If you decide to change the story regarding the reason why you didnt have a ticket will ring alarm bells and make it less likely they will want to deal with this outside the court so stick to the same story

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normally it is a flat rate fine under the penalty fares rules so this points to a station that is not covered by that law. Shame, otherwise you just send a cheque for the £20 plus the ticket price and that is that.

 

 

This is very dangerous advice for other travellers who may be tempted to travel from stations without paying their fare within Penalty Fares areas as well as areas where Penalty Fares cannot be charged.

 

There is never an obligation of an inspector to levy a penalty charge or offer a Penalty Fare Notice where the evidence suggests that a traveller intended to avoid a fare, or intended to pay the fare only if challenged. (Appeal Court judgment, Corbyn 1978.)

 

Section 5.3 of the Regulation of Railways Act (1889) is the primary legislation in this instance, but the OP has made clear that they could also be charged with the strict liability matter of failing to comply with National Railway Byelaw 18.1 (2005).

 

A Penalty Fare Notice is a civil remedy for a genuine mistake.

 

Deliberately travelling without paying is intentional fare evasion. A Penalty Fare is not an appropriate remedy in those cases.

 

Reply to the letter truthfully, apologise for your actions and undertake not to repeat the offence.

 

Ask if the company will accept your offer to pay the fare due and the reasonable administration costs incurred by the company in dealing with your actions as an alternative to issuing a Summons for the evidence to be tested by a Magistrates Court.

 

They do not have to agree, but if you are entirely truthful and have not come to notice in similar circumstances in the past, you stand a good chance of avoiding conviction.

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