Jump to content


  • Tweets

  • Posts

    • Hi slick!    On 22 July they said they would refund me £74.07 Theres no DD in place as my membership was a once off payment in November last year.  Hi Dx,    I paid through PayPal last year as a one off payment. 
    • I'm trying to understand it all but I certainly tend to agree with my colleague @dx100uk that it looks as if you may have been taken for a ride. You found an advertisement for a bag on an online sales site. Instead of going through the established procedure of that site, which presumably allows them to recover a commission from the seller you started dealing directly with the seller who is an unknown person to you and of course that allowed the seller to avoid paying the commission. At whose suggestion was it that you went off-site? You then pay by PayPal but instead of logging it with PayPal as a payment for a purchased item, you tell PayPal that it was actually simply a gift or transaction between friends and family. This also allowed the seller to avoid paying a PayPal fee on the money. At whose suggestion was it that you paid in this way?       I don't say that you definitely have been scammed, but it doesn't look very good. This is how it might have happened: after you agreed to take the transaction off-site, so you lost the protection of the established system – and the seller avoided the commission and also avoided the sales site knowing that they had sold their item, you then agreed to pay the seller some money – but not for a purchase – simply as a gift. This has two consequences. Firstly, the seller avoids a PayPal fee and secondly, because PayPal has been misled as to the purpose of the payment, you lose the protection of PayPal if it turns out that you've been scammed or there is some other problem with the transaction. The seller then apparently sent you the parcel and they sent you pictures of a package with your address on it. Separately they sent you a Hermes tracking number – but there is no evidence that the package was actually posted to your address. The seller might simply have taken a picture with your address and sent that to you by way of reassurance – and then changed the label and posted the parcel to themselves but sent you a tracking number which is inaccessible to you and in respect of which you will be prevented from getting any information. All you've seen is a parcel with your address on it. All you've been given is a tracking number which satisfied you for a while until the parcel did not arrive and then when you started to make enquiries, you found that you were unable to access any details referring to the tracking number. Of course the tracking number says that the item was delivered – because maybe it was – but in that case it was delivered to the address on the parcel which might have been the seller's own address – or the address of a friend. I don't want to say that this is definitely how it happened, but it is a plausible scenario. Of course Hermes is an awful lot of parcels – but on the other hand I expect that most of the parcel is that going to Hermes hands are delivered successfully. We only get the bad stories on this forum. I can imagine that Hermes rate of successful deliveries is better than 97% because otherwise people wouldn't simply just hate them, they would go out of business.   We can help you bring a complaint against Hermes if you want. However, on the basis of what you say, the odds are stacked against you but it would be useful to try and find out the address which was associated with tracking number. As far as your apparent willingness to travel hundred and 50 miles to ask for your money back, don't bother. If you did actually go there, are you sure that the seller actually lives at the address that you have been given? What evidence do you have that? Of course if you found that the seller didn't reside at that address then it is slamdunk that you have been scammed. But then what are you going to do? You can try to inform the police but of course it won't get you anywhere. You can inform the sales website – but they will say that you brought it on yourself because you agreed to go off-site. You can inform PayPal – that they will say that because you sent the money which was calculated to avoid their fees, you have lost the protection. If you travelled the 150 miles and found that the seller did reside at that address, do you really think that they are going to hand your money over to you? If they are acting dishonestly then they will simply say that it is nothing to do with them, that they addressed it all correctly and they don't understand what has happened and that this is simply Hermes up to their old tricks. What are you going to do? You simply risk getting into a very nasty argument and depending on how bad it went, you might even find that the police are called and I'm afraid that they would be looking at you – not the seller. Maybe you can answer the questions that I've post above as to who it is who initiated the various ways of doing business.    
    • The legal campaign's going well then. The recount in Wisconsin gave Trump more votes but Biden even more, at a cost of $3m. And a donor to the organisation bringing the failed cases is suing to get his $2.5m back.   https://www.theguardian.com/us-news/2020/nov/28/joe-biden-gains-votes-in-wisconsin-county-after-trump-ordered-recount
    • Yes Unicorn feed tax again, can't sue the keeper for more than the Original Charge, so any additional Debt Collection fees aka the £60 they add is abuse,iof process as per HHJ Harvey at Lewes county Court What lookedinfroinfo is indicating is that the main signage on entry and dotted around is merely an " Invitation to Treat", not the offer, the Offer and Acceptance occurs at the payment machine, so wording there is key.
  • Our picks

SWT-caught using husband season ticket


Please note that this topic has not had any new posts for the last 1042 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I wont list all the details but i used my husband season ticket today and got caught.

 

I stated he was aware of me having his ticket but i only told him this as i was on the train in the morning and got caught on the return journey home.

 

Wish i was not so honest telling the truth but there i am, i shoulg have never took his ticket.

 

I dont think it would look good having made a false journey once already

plus it is a season ticket,

plus the owner was aware of this.

 

As you advised,

i will await for the letter from swt but sigh,,

, dont really wanting to end a year in this way

but read all the posts related to fare persecutions on this site which help..

.just waiting for the letter

Link to post
Share on other sites

well we've seen repeated use result in an out of court settlement.

 

so don't give up hope.

 

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... 

Link to post
Share on other sites

Thank you dx.

 

Try not to think too much but as you can see, i am widely awake 4am in the morning!

 

I hope they would take a consideration that i was a season ticket holder up until the end of august.

 

I decided not to renew but managed to work from home twice a week.

 

Trains in august were just awful and now i got caught for using it as i rushed to get the morning train.

 

Never mind

Link to post
Share on other sites

as i was on the train in the morning and got caught on the return journey home.

..........

I dont think it would look good having made a false journey once already

plus it is a season ticket,

plus the owner was aware of this.

........

but read all the posts related to fare persecutions on this site which help..

 

 

Thank you dx. Try not to think too much but as you can see, i am widely awake 4am in the morning!

I hope they would take a consideration that i was a season ticket holder up until the end of august. I decided not to renew but managed to work from home twice a week. Trains in august were just awful and now i got caught for using it as i rushed to get the morning train. Never mind

 

Being a previous season ticket holder is irrelevant.

If anything it highlights that you knew you needed a ticket / to have paid your fare.

 

Working from home some of the time? Trains “awful” in August?

Again, they’ll just see these as looking for excuses.

 

“Rushing to get the train”: sounds like a perfect explanation. Yet, how come you had their season ticket: so, it still looks premeditated.

 

But: you need to get your story straight:

“ was on the train in the morning and got caught on the return journey home” doesn’t fit well with “ got caught for using it as i rushed to get the morning train“

Was this a night shift, and your return was in the morning?

 

Meanwhile, I know it is only a typo, but it is one a spell checker won’t pick up. I wouldn’t call them the” fare persecutions” team.

Link to post
Share on other sites

Thanks for putting me straight.

 

It was my normal day commute to london dashing to kids club and run to the station.

 

I knew i was going to miss 8:12 train if i buy tickets,

i just opened up my husband wallet and got on 8:12 train.

 

And then in the evening,

i was intending to use his ticket again to go home to be honest.

It worked in the morning.

Wish i just missed the train and got tickets.

 

No words can describe how i feel especially as a mum raising a 4year old trying to teach her what’s good and bad behaviour.

I dont deserve tell her to be a good girl for santa.

Edited by Apark
Link to post
Share on other sites

What’s done is done. You just have to deal with the aftermath now.

 

I’m all for honesty, but:

 

a) you don’t have to tell them about you using the season ticket in the morning unless they specifically ask

(as you don’t want to “get caught in a lie” if they did ask, but it isn’t likely they will ask unless they know you’ve used it a lot more repeatedly....)

 

b) the morning use isn’t relevant to your afternoon use :

I wouldn’t go down the

“I got away with it in the morning, so I thought I’d use it in the afternoon” route :

 

either way it looks pre-meditated (for the afternoon use),

so I wouldn’t try and make excuses

(they’ll have heard most of them before, anyhow!)

Link to post
Share on other sites

Do you know what, i was not on the train in the evening.

 

I went through and wanted to come out :

no idea why and the gate didnt open and i asked the gate keeper to let me out.

 

Technically i didnt use the ticket to get on the train.

 

Should I mention this?

Link to post
Share on other sites

so how did you get home?

 

and where did the ticket inspector think you'd come from?

 

if you didn't use it to board a train

you did nothing wrong other than have your OH's card on you and coughing to using it in the morning?

 

am I getting confused here??

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... 

Link to post
Share on other sites

If they didn’t board a train then they can’t have breached byelaw 18(1).

 

So, then : were they in a compulsory ticket area?

 

If not,

then have they breached 18(2)? (Since they handed over someone else’s ticket, not “their” ticket!).

 

Or S5(3)a of the Regulation of Railways Act 1889 .....

by going through the barriers on to the platform are they “attempting to travel” (even if they then change their mind!).

 

The S5(3)a requires “intent to avoid their fare”, but using their spouse’s season ticket would suffice to show this.

 

So, the OP changed their mind, but a prosecutor could ask “what was the intent for going through the barriers, up until the point they changed their mind”.

Link to post
Share on other sites

from OP's statement

I stated he was aware of me having his ticket
could byelaw 21(2) also be applicable re receiving and intent?

on what are they being 'prosecuted' (threatened with)?

IMO

:-):rant:

 

Link to post
Share on other sites

When i arrived waterloo,

i was planning to take 5;45 train then there’s a train home leaving in one minute.

I just dashed to the platform but missed the train.

 

Then I decided to leave the platform to see where the next train is and got stuck at the gate.

Walked up the inspector and asked them to open the gate.

 

My husband couldn’t believe how stupid i was and ended up telling them what happened all.

But I cannot lie or you can put it i am stupid.

 

I honestly didn’t think I would end up putting myself in this mess for being brutally honest.

The inspector took all the details down and showed me the way out.

There’s I bought my ticket home

 

I said to the inspector my husband was aware of me having his ticket but i took his ticket without his consent.

Only told him once i was on the train.

 

It was my work Christmas party but I didn’t feel well ended up leaving work early.

Wish i just went to the party but i have a nora virus now... arghhh

Edited by Apark
Link to post
Share on other sites

ok,

i was just wondering on what they are going on, given the posts and you saying that you actually told them you took your halfs ticket (with knowledge) and had used it earlier (intent?).

what have they said you are actually being pursued on, ie on what grounds?

IMO

:-):rant:

 

Link to post
Share on other sites

I told him my husband knew i have his ticket but didn’t mean he gave it to me.

I have a text to prove if they are interested..

 

.i am not a native English speaker so I interpreted his question was asking me if he knew if i have his ticket and the answer was yes.

 

He didn’t ask me many questions and didn’t give me any chance to say anything either

Link to post
Share on other sites

on what grounds/reason did they formally say that they are/will be pursuing you on.

or is it just still in the air at the moment, awaiting something formal to happen.

IMO

:-):rant:

 

Link to post
Share on other sites

He said it is not his job telling me what will happen...but gave me a card with his id with revenue protection written on it.

He took all my details and took my husband season ticket.

It has only one week left but he is wondering if he can renew...

Link to post
Share on other sites

I think id be awaiting their letter IF one comes they have 6mts.

 

he can renew at any time.

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... 

Link to post
Share on other sites

The case in this thread has clear parallels with the Appeal Court case of Arthur Browning (1946). Convicted of attempting to avoid payment of his fare by using his spouse's season ticket contrary to Section 5(3)(a) of The Regulation of Railways Act [1889].

 

Appealed, and appeal rejected.

 

The Appeal Court decided that whilst the rail company may not have lost any money, the traveller had not paid THEIR fare

Link to post
Share on other sites

thank you.

As much as i hope for the best, I would not be surprised to see a correspondent from swt summons me to the court. I know what i did was wrong. Just wait and ser what they say. Will keep you posted

Link to post
Share on other sites

no you always get a tell us your side of the story letter first.

 

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... 

Link to post
Share on other sites
no you always get a tell us your side of the story letter first.

 

dx

 

Yes, dx100uk is right, the first thing you will get normally is a 'verification letter'.

 

If an offence is evidenced they can move straight to Summons, but it is never really in anyone's interest to do so.

 

You'll get a letter seeking your version of events and although this is serious, it is not completely beyond the realms of possibility that you may be able to avoid a Court appearance.

Link to post
Share on other sites

Will they compare the note from the inspector with my story?

I didn’t tell him anything but only facts, ie it is my husband ticket and i used it in the morning and intended to use in the evening by entering the platform using the ticket. I knew i did wrong and didn’t see the point of telling him excuses. I didn’t see what the inspector wrote

Link to post
Share on other sites

Did you sign anything for the inspector, Apark? Old-Codja knows far more than I do, but I would expect them to look at the inspector's notes, yes.

 

Telling the truth in rail ticket matters is always a good approach. :)

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Hmmm i wish i read it but just wanted to leave the area asap.

An excuse but i have had a nora virus and just wanted to get home asap. I wont state this in the letter. Just hope the inspector only wrote down facts.

Link to post
Share on other sites
Just hope the inspector only wrote down facts.

 

What do you expect them to write down?. Of course they write down the facts. If it goes to court and it can be shown they have written down falsehoods, it would look very bad for them.

Facts could include "the passenger stated to me that "blah, blah", or "When questioned if they intended to travel without having paid their fare, the passenger replied "'blah, blah'".

 

If those are truthful statements, they are facts .............

 

Will they compare the note from the inspector with my story?

I didn’t tell him anything but only facts, ie it is my husband ticket and i used it in the morning and intended to use in the evening by entering the platform using the ticket. I knew i did wrong and didn’t see the point of telling him excuses. I didn’t see what the inspector wrote

 

Well, if you only told the inspector the truth, and only tell the truth in your "story", you won't have to worry when they compare them, as there won't be contradictions. There may be more detail in your written reply, but it still won't contradict, if both times you stick / stuck to the facts ......

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...