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    • Thank you all for your input so far. I have now received a letter back from my CPR 31.14 stating 'CPR 31.14 is not relevant to small claims matter, pursuant to cpr 27.2......we are under no obligation to disclose the documentation at this stage.' I assume this response is expected?   I have reworded my defence and made it more succinct, I'm not sure what else I could add?   1. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.   2. It is admitted that the Defendant was the registered keeper of the vehicle in question. However, the defendant has no liability as they are the Keeper of the vehicle, and the Private Parking Company has failed to comply with the strict provisions of PoFA 2012 to hold anyone other than the driver liable for the charges.   3. Signage at the site is not sufficient. A sign is present on the left hand side of the entrance, away from the driver, and therefore cannot be easily read by the driver of a passing vehicle. On closer inspection this sign states ’Refer to the full Terms & Conditions signs located throughout the car park’. Signs are located so that information is often obscured by other parked cars and is difficult to read. These signs state ‘Entry to or use of this privately operated and managed car park is subject to the current terms and conditions of vehicle control services ltd. Motorists/persons utilising this car park hereby accept in full the terms and conditions.’ Therefore, the driver is deemed to have agreed to the terms and conditions by having entered the car park before knowing what those terms and conditions are. The elements of offer, acceptance and consideration both ways have therefore not been satisfied and so no contract can exist.   4. The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 not with reference to the judgement in parking eye v Beavis. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the civil procedure rules 1998    In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4. 
    • On side note: I have notice that many people without the skills to argue their point, accuse others of being rude, racist, sexist, homophobic etc. I.E. Excuse me, i don't have a receipt for this refund, but i have my bank statement,  can i get a refund? -No, no receipt no refund - But your policy and the law says "proof of purchase" not "receipt " - You're rude/racist/homophobic, you must leave now or i call security.    I see this happening day in day out. Even kids do it, they're very quick at gaining a crowd's attention by shouting "racist/homophobic" so they can feel they've won the argument.  Sad.  
    • The advice is: make a complaint and get a refund. Then make another complaint about the inspectors attitude if you want, but changing the world is something that it's not going to happen, surely not for an excess fare. Inspectors are given discretion and unfortunately some of them take this as a sign of power over other people. It's impossible to sack all people who have a little position of power and employ more, hence the complaint system.  That's life and as .much as everyone of us want to improve it, it's an impossible task, so don't waste your time and brain on it. Just accept that there are things you can't change.  Get your refund, get your apology, then move on. That's my advice.
    • Hi.   I've removed part of the account number to keep this anonymous for you.   Have npower done what the ombudsman said?   HB
    • Read our customer service guide.   You've been here since 2012
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Skydiver2711

Received TfL letter for using sister's travel pass

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I have been contacted by TFL for using my sisters card.

How do I start a new thread to get help.

 

I had apologised to TFL for using my sisters travel pass with my photo card.

They have wrote me another letter saying it can’t be an error.

 

I rang them up to see if there were any chances to settle this out of court.

To which they replied they do not settle out of court.

I really don’t want a criminal record for my mistake.

I am looking forward to this forum to help me.

 

I said to TFL, that I picked it up while hurrying for work.

It was a staff discount card.

It is not age related.

 

I wrote a letter apologising and will to pay fines and administrative costs.

Edited by dx100uk
merge/space

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Thank you for the extra information. My reply to you seems to have gone walkabout but you've answered my questions.

 

TfL don't like this sort of thing, they don't understand [and I don't really] how you can pick up a card that doesn't look like your own, if you have one, and then use it with the wrong photo ID.

 

Have you had a court summons so far?

 

We have a couple of other similar threads here but I don't think they've been resolved yet. It's worth having a read around the forum.

 

HB


Illegitimi non carborundum

 

 

 

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I do not have a court summons yet.

They have written to me that they are still deciding.

 

My sisters monthly pass was left on the table ( it did not have her picture but just a small photo ID number).

I mistakenly took it thinking it’s mine only looking until when it was valid.

 

How do I explain this to TFL?

I regret not being more aware.

Edited by dx100uk
spacing

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I don't know how to explain it, maybe someone else will. We see this story all the time and it's amazing the coincidences that happen when there's a full-priced card and a discount card. From what TfL have said to you, it seems they've heard the same thing a lot.

 

You can keep talking to them up to and including any court day to try to resolve this.

 

HB


Illegitimi non carborundum

 

 

 

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Thanks for your advice. Are there any chances of settling this out of court?

 

what other form of apology would they accept? Should I write to them again?

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Thanks for your advice. Are there any chances of settling this out of court?

 

what other form of apology would they accept? Should I write to them again?

 

We have too little detail to be able to fully advise.

 

What really happened?

What colour wallets were the card (s) in?. If not their original wallets, why not?

 

Bear in mind CAG has heard all sorts of stories of how someone 'accidentally' used the wrong pass. Some seem more plausible than others.

TfL will have heard as many, and more. How do you intend to persuade them yours has the ring of truth (starting with the whole, unvarnished truth is a good starting point ....)

 

Do you think you might accidentally have used the wrong pass more than once?.

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I did not use the pass before.

I did ask my sister why her pass was lying on the table and not in her photocard holder.

She said that she had spilled coffee on her photocard holder and removed the travel pass and kept it on the table.

 

Is it worth explaining this to TFL or just saying that I used my sisters card?

Edited by dx100uk
spacing

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I did not use the pass before. I did ask my sister why her pass was lying on the table and not in her photocard holder. She said that she had spilled coffee on her photocard holder and removed the travel pass and kept it on the table.

 

If you picked up your sister's staff pass, not in a wallet:

a) why wasn't your pass in a wallet?

b) what colour is your pass? and hers?.

 

Was hers like:

http://i.imgur.com/aSReD.jpg

 

 

 

Was it really a mistake?. If it was, be prepared to explain it in detail, as TfL hear "it was a mistake" all the time.

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I did not have a valid pass for that month. Both mine and my sisters monthly passes would be similar.

 

They are not blue, but orange with an expiry date in bold in the centre.

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so you only used it once.

was this by design..you meant to do it, or just a mistake upon your behalf?

 

thread tidied too.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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So you're saying that you only used your sister's pass once, but that you took it knowing that you didn't have your own pass that month? That doesn't look great.

 

Remember that TfL can check journeys on the card going back about 8 weeks.

 

HB


Illegitimi non carborundum

 

 

 

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This was my mistake. I did not realise I did not buy a pass for that month.

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This was my mistake. I did not realise I did not buy a pass for that month.

 

So, not only did you mistake your Sister’s staff pass for your pass, you forgot you hadn’t bought a pass that month.

 

I can’t see TfL being convinced this was an honest mistake.

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Will it be better if I say I did it on purpose? But if I did, it would mean that I lied in my first letter

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What did you say in your letter please?

 

HB


Illegitimi non carborundum

 

 

 

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Will it be better if I say I did it on purpose? But if I did, it would mean that I lied in my first letter

 

I don’t know, what is the truth??

The problem with lying is remembering who you have told what. The advantage of the truth : only one version to remember!

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I received a letter from TFL stating that I was reported for failing to provide a valid ticket, pass or photo-card on a TFL journey. I write this letter to explain my version of events.

 

I took my sisters monthly pass in a haste while leaving my house. When asked to show my valid ticket for the journey, I showed the pass and the inspector pointed out it was not my pass. I realised my mistake and he withdrew both and took my interview under caution.

 

I would like to apologise to the TFL team and I am willing to pay any fines, or the charges due to extra administration work TFL had to go thorough because of my mistake. Hoping that TFL would to solve the matter out of court.

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if that's all you sent IMHO its a bit bare and you seriously need to come clean, unless you honestly thought yours was still valid and picked hers up thinking it was your valid card?

 

but if you really knew yours was empty and took hers par chance you didn't get caught and did...

its sort of in a way going in your favour, as you knew you'd be caught and did...

 

pers I think you need to send another, more frank and honest begging letter like the ones we have here..

if yours was only what is above, it doesn't address their pondering that it wasn't a mistake.

 

might be better if you scan yup their reply to PDF please

read upload.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I agree with dx. To have any chance of TfL settling this, in addition to what dx says, you need to show genuine remorse and tell them what impact a conviction would have on your career or future career. And you need to promise you'll never, ever do this again.

 

HB


Illegitimi non carborundum

 

 

 

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I dont have the reply from me right now, but I will upload it here when I get it.

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Their reply basically said 'I should have had the photo ID if I was using the pass and they do not consider this a mistake'.

Edited by Skydiver2711

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Thank you. But the best way for us to advise it to see a pdf of the actual letter minus any of your personal details.

 

HB


Illegitimi non carborundum

 

 

 

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