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    • Not very good for a 4 year old very expensive over priced laptop.
    • Yes print 3 copies......Claimant Solicitor not the claimant....the address will be the same as your Proposed Notice of Allocation. CCMC Salford.   This is to allocate the claim to track...the next stage of the claim process.....as for if you have to pay .....who knows until it actually gets to a hearing and you win or lose. 
    • now I notice 2 things, 1 they have failed so say who the creditor is so they have failed to create ANY liability 2 thay have failed to indicate the location of the alleged incident, Chalon way industrial estate? housing? multistorey car park? the POFA is clear on this, no correct location, no charge. 3 in the second NTK the image of the car leaving appears to be an image of a car entering the car park on the wrong side of the road ( I do this a lot) As the cameras they use are at best 95% accurate this leaves room for doubt that they have actually captured your vehicle in both pictures as entry and leaving  for the same parking event. 4 Your problems are not parking events so cant be breaches of contract as described. Have a look at the BPA code of practice and see if the Hansard for the dabte on the POFA is available online and hopefully they will describe such events and say what parking co's must consider.   Dont respond to them until you have a definitive answer on thsi last point as I wouldnt bother argue with them over the other points as they wont care and it will reduce your chances of surprising them later on if they still fancy saying a breakdown is parking
    • E&W=England and Wales for correct sign see TSRGD paper on disabled parking and within that fig 6. note layout and size Whilst you are at it look at all of the suggested floor markings and bay sizes. The ones shown dont pass the regulations. That means they have fiale to meet planning regs. So then we look at intent- now they will argue that the intent is clear but then as the layout, markings and signage fail to follow the code of practice they will be considered advisory (as they should be on private land). Can it be true that you can be sued for ignoring someones advice, esp when there isnt a contractual term that says anything about it in the first place? In the fullness of time you will be copying this pdf and using it as evidence. In the meanwhile you stick to the deadlines imposed by the court procedure and if they fail to pay the allocation fee in tiem you ask for the case to be chucked out. At near the end of thsi month you post your outline defence via the moneyclaim portal and state that (1) the claim is denied as there  was no offer of a contractual term to breach in such a manner  (2) the claimant has failed to show a cause for action against the defendant, being the keeper of the vehicle because they have failed to follow the protocols of the POFA so cannot create a keeper liability in this matter.  The claimant has failed to identify the driver at the time (3) the Particulars of claim are so vague  it is impossible to determine what the claimant is actually relying upon to show a cause for action in terms of the location, date of event and how the the amount of the claim (sum of £160) was arrived at and particulary the signage they rely on to form a contract with the public. The defendant invites the court to issue a Case management Order under CPR3.3 to instruct the claimant provide evidence that signage that expressly offers a contract exists as claimed and that this contract was then breached as the defendant believes that the claim has no reasonable grounds and is a waste of the courts resources and should be dismissed if such evidence is not produced.   the last point may well be ignored whislt the paperwork is processed at Northampton as they dont read much of it and it will only be read once it gets allocated to your local court so prepare to get as far as a hearing in any case.  
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mum4321

Travelling on child ticket age 16 Scotland

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Hello, 

Hopefully this will be a straightforward one. 

My daughter travelled on a child ticket despite being 16. 

It was on a train (old virgin train, I think it's LNER now) on our local line (mostly Scotrail trains).

You can buy tickets on the train, despite there being ticket machines at the stations. 

Although some of the Virgin train guards did used to get rather negative about this. 

 

She got caught by the guard and tried to get out of it by giving a birthday, but then realised it had gone past and it just proved she was 16 and too old for a child ticket.

 

She then apologised and asked to buy the full adult ticket (cost of ticket £5.60).

he refused to let her and apologised saying that they were 'cracking down' recently and he had to fill out a report.

He didn't give her the option of paying a fine or anything. 

 

She gave all the correct details and it's been several weeks, but finally a letter arrived today. 

I have paid the 'administrative fee' today online of £25.60.

 

It also says:

'this case has been assessed and considered to be suitable for resolution by administrative penalty',

(also states that they try to do this by fee if the person is under 18) so I've paid. 

 

But then it goes on to say:

(next paragraph)

"...if after your letter has been assessed and the file reviewed, there is no reason to change the view that action is justified, then our reply will say so and we will allow a further 7 days for you to take up the opportunity before proceeding further..."

I'm rather confused about this, can someone explain.  

 

Initially I thought paying the fee was it,

reading it again I now see we need to write a letter,

which she should sign (not me, even though she is under 18?). 

 

This being the case what should we say? 

Yes, I'm guilty, say sorry and have already paid admin fee as offered in letter, something along those lines? 

Then send by registered post to make sure we have evidence that it has arrived?

 

Also, I really am confused by this second quote,

unless I'm missing something (which is highly likely, the whole thing is giving me a headache),

it sounds like they are looking to prosecute anyway but will give '7 days to take up the opportunity' what opportunity? 

To pay? 

 

as we've already paid now, we still need to write a letter, or else they will prosecute. 

I think I'm going round in circles.  

 

Someone please put this into plain English for me and calm me down! 

Thank you for reading this far.

 

(PS. yes she has already been punished by me for being such an idiot. 

I have been giving her sufficient money for the full train fare, etc for her after school club, she is paying me back for this fine.)

 

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Thank you dx100uk

I'll get that sorted tomorrow. 

(and breathe....)

:-) 

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Hi.

You could add something about how remorseful your daughter feels [if she does] and that she promises never to do this again.

HB


Illegitimi non carborundum

 

 

 

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they are asking for £5.60 for the ticket and a flat £20 for the penalty fare.

pay that and it is the end of the matter.

Dont pay within 7 days of that letter and they may take it further.

 

Like your leccy company send out a red letter on a particular date after the bill was due there is always a lead in time hence the "ignore if you have already apid this bill" type bit at the end of the threat to burn your crops and infest you with the plague etc.

If you can prove you paid that is the end of the matter

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Hi ericsbrother

Thank you, that made me laugh!  😂

I've sent the grovelling letter which also gave the reference number of the payment I made. 

I wonder if they will even bother replying now they have the money.

 

 

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