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    • Well If I pay British Gas £90 a month they’ll be paid off in about 17 months. That’s a long time but if it’s gunna effect my credit rating until November 2023 why bother paying it off early?    Ive worked out too the PDL default will be 6 years old on the 22/01/2020 so is there a point even doing anything with it? If it gets removed after 6 years does that mean I won’t have to pay it back?    Thanks  Andrew 
    • Minor developments:   a) Notification received that case has been referred to County Court at Chesterfield and we've to await the Judge's directions re allocation etc.    b) The letter I sent on 20th August to the agent (Lambert Smith Hampton) that manages the Berkeley Precinct and has its address on the board at the entrance, has been returned by the Royal Mail National Returns Centre, with a sticker saying the "addressee has gone away"!!   Don't they have an obligation to change the signage if they move, and why wouldn't such a large company have their mail re-directed?   The letter requested assistance in obtaining a copy of the contract between VCS and the landowner. I'm a bit mystified, but have found an additional address, so I could resend the letter and give it another try. 
    • urm.. FmoTl twaddle me thinks followed here
    • 123 Abc efg   22/09/2019 Dear Sir,   Re:  v xyz. Case No: 123456   CPR 31.14 Request   On (date) I received the Claim Form in this case issued by you out of the county court of Salford.      I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.   Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:     1: The agreement/overdraft Facility Confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   Failure to prove the above will render any claim unenforceable pursuant to section127 and 61b(3) CCA1974   2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974   3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C   4. Notice of Assignment *   You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.   Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.   In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.   If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.     Yours faithfully   Xyz. is this ok to send. and recorded delivery.
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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


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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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