Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • I feel that people are focusing too much on the OPs property being a council house and putting responsibility on the council to resolve this.   imagine for a moment that the OPs house is privately owned, now what powers would they have to take action on the trees? Pretty much none without taking the tree owner to court right. Well as the trees are privately owned, that is the same power that the council have right now.   the information with the £375 will be inline with high hedges legislation as this will be the only power the council will have and it is common for there to be a charge for this.   this is not a social housing issue, but a neighbor dispute with a private homeowner.   i used to work as a tree officer for a local authority and from experience have seen that people’s idea of dangerous and what is actually dangerous are two different issues. A councils power to enforce tree works are also limited and will usually only be where a private tree poses a risk to the highway, not to another property as that is a civil matter (even where the council own the 2nd property).    With regards to risk to underground pipes, this is something you will be unlikely to successfully argue as various studies have found that unless a tree is planted on top of the pipe and crush it, the roots will not cause damage, but rather only enter through already damaged areas as they are opportunistic, any tree roots in drains are usually a secondary issue where a pipe had existing damage and to resolve it will require a permanent repair to the pipe to prevent recurrence.   the only options i see here are to calculate the height allowed under high hedges legislation (it varies depending on what direction the property faces , the location of hedges etc) and try to enforce that which will involve the fee. Otherwise there is little you can do as the private homeowner has a right to have trees in their garden although they may be liable if they were to cause damage to your property (such as a shed) or the councils property in the future.
    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
  • Our picks

zigzags

I suspect the bus ticket inspector deleted my oyster card journey history - bus penalty fare

style="text-align:center;"> Please note that this topic has not had any new posts for the last 583 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

Two weeks ago I boarded a bus at around 8:00am in London.

I got off the bus a few stops later to head into a local Tesco store to buy my lunch for the day.

I then walked back to the bus stop that I got off at and waited for the next bus to take me to work.

 

The next bus arrived at 8:30am.

It was one of those buses where passengers can board the bus on either the front, middle or back door.

I boarded the bus from the back door.

 

I sat downstairs and minded my own business, staring through the window and browsing on my phone.

A few minutes later, I heard a bus ticket inspector saying "tickets please" and that was when I was made aware that a ticket inspector was on board the bus.

I got out my oyster card ready for him to scan it with the card reader.

 

When he placed his card reader against my card, he asked me to take out my oyster card from the cardholder.

I thought the reason why he wanted me to take out my card from the cardholder was because the cardholder was preventing his card reader from checking whether I had tapped in.

 

However, when he then said "it appears you haven't tapped in for this journey",

I realised to my horror that I had in fact forgotten to tap in when I boarded this bus, so I told him that I forgot to.

 

then got out a small note pad and asked me to write down my name, address and date of birth, to which he used it to confirm that the card really does belong to me and he asked me to show him an ID that has my name on it and where did I board this bus and which stop I was planning to get off at.

 

He then told me that he was going to issue me a penalty fare of £40 for not tapping in.

I said to him that if you look at my journey history you will be able to see that I had previously boarded a bus at 8:00am and that if you look at the time now you can see that it's 8:35am, which means that under the Hopper Fare scheme, I would not have been charged for this journey anyway because I boarded this bus within the hour and hence I was not intentionally fare dodging.

However, he said "you still need to tap in anyway" and proceeded to issue me with a penalty fare.

 

He then handed me the bus penalty fare notice and asked me how I would like to settle it.

I asked him “what options do I have?”

He said that I need to pay £40 for the penalty.

 

Because I needed to get off the next stop and I was late for work, I asked if I can pay later.

He then said that if I don't pay now, it would be £80.

 

However, having had a careful read through the notice, I realised that he omitted saying that if you don't pay within 21 days, then the penalty would go up to £80, it will be £40 if you pay within 21 days, so I thought there was some deliberate scaremongering on his part.

 

When I got back home from work that day,

I had a careful read through the penalty notice slip and read that I have a right to appeal against it.

 

I decided to appeal on the grounds that I boarded a previous bus at 8:00am and how under the Hopper Fare scheme, I wouldn't have been charged anything for this second bus that I got on at 8:30am because I boarded it within the hour.

 

i logged onto my oyster card account to get a screenshot of my journey history for that day to go with the appeal claim so that they can see that I did get on a bus at 8:00am in the hopes that they would be lenient about it and therefore waive the fee.

 

However, I was very shocked to see that there was no record of me getting on the first bus at 8:00am!

All the other trains and buses that I got on for that day were there apart from this 8:00am record of me getting on a bus.

 

I definitely remember tapping in for this journey and hearing a beep and seeing the green light because I got on it from the front door and there was a bit of a hold up because there was a passenger in front of me in the queue who asked the driver whether this was the bus that goes to so and so.

 

This had me suspecting whether the bus ticket inspector may have deleted this particular bus journey history from my account so that I don't stand a chance from getting a successful appeal. T

he more I think back to it, the more I suspect that he had something to do with it.

He kept hold of my oyster card throughout the journey and didn't give it back to me until I told him that I was getting off at the next stop.

 

And during that time, I was not sitting facing him, he was standing behind me, so I suspect that he might have had a check through my journey history and used his card reader to delete this 8:00am bus journey history or colluded with the person on the phone who was checking to confirm my details to have it deleted off the system.

 

Maybe it's just simply a case of coincidence

- that it turns out there was a technical fault with the yellow oyster card reader on the first bus which meant that it didn't make a record of me tapping in.

Otherwise, it sure is very sinister and sly of them to do this

- they can make money out of innocent people.

 

it makes me wonder if these inspectors have a quota to fill or an incentive or a commission awarded for catching fare dodgers?

 

I'm wondering if there's anyone here who has been through a similar situation as me

– I would like to hear your experience,

and does anyone here know whether it's possible that your journey history can be deleted by an oyster card reader used by a ticket inspector?

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

I have to consider what is more likely:

 

A) there is a conspiracy to issue penalty fares, and the staff go around deleting Oyster card histories without creating an audit trail, and no one has noticed

B) having not tapped in on the second bus, you might have not tapped in on the first, and heard a beep / saw a green light for someone else’s card (or had ‘card clash’ with one of your own cards - have you checked the statements for all your other contactless cards?

Share this post


Link to post
Share on other sites

no it is not possible to wipe individual data.

and no they would never do that its called FRAUD!! and could end him up in prison.

there are no quotas..old wives tale.

 

sadly I suspect you didn't tap in sadly


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites
I have to consider what is more likely:

 

A) there is a conspiracy to issue penalty fares, and the staff go around deleting Oyster card histories without creating an audit trail, and no one has noticed

B) having not tapped in on the second bus, you might have not tapped in on the first, and heard a beep / saw a green light for someone else’s card (or had ‘card clash’ with one of your own cards - have you checked the statements for all your other contactless cards?

 

 

It wasn't a contactless card and my cardholder was only storing the blue oyster card. This has never happened before where a bus or train journey has not been recorded on my journey history, hence why it felt like it was too much of a coincidence and had me suspicious.

Share this post


Link to post
Share on other sites

Oyster uses RFID. Were/Are there any other cards in the same holder as your Oyster card that also have RFID tags in them? Credit, Debit, Work ID cards, anything like that?


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

Share this post


Link to post
Share on other sites

Would the first bus have CCTV coverage that might show the card reader showing green?

Share this post


Link to post
Share on other sites

The inspector cannot delete the journey history and they're not on commission.

The journey history sometimes doesn't update online until next day.

 

Check today and if no joy, check on one of the ticket machines at any underground station.

If the journey is there you have grounds for appeal,

 

however, the penalty fare was issued correctly because even on the hopper fare scheme you are required to scan your card.

 

Same as daily capping, once you reach it, you still tap the card but you don't get charged.

 

Tfl are quite lenient in these situations, so if you were not going to be charged for that journey they might cancel the penalty fare.

 

Don't accuse the bus inspector to tampering with the oyster because that would be seen as a complaint which will go back to him/her.

 

Inevitably the bus inspector would get the union involved and they might even start proceedings for defamation.

 

My brother is in a transport union and followed 2 cases in the past year.

In one of them tfl was refusing to disclose the complainant's name, but they had to eventually.

 

Both cases were taken to county court, unlike what I thought that only high court hears such cases.

 

They never reached the judge because the cases were withdrawn following out of court agreement.

 

Don't know if money exchanged hands, but surely the passengers making the malicious complaints would now think twice before accusing someone of criminal activity.

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites
Would the first bus have CCTV coverage that might show the card reader showing green?

 

 

I'm aware that most buses have CCTV installed but I don't know if there's a CCTV on the bus that directly captures coverage of the card reader.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...