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    • I would say so yes but ofcourse only in the years the charged it not running till today.
    • please complete this:     and scan up the PCN bothsides to one multipage pdf read upload   dx  
    • Must satisfy POFA if they want to ground Keeper Liability, so no Keeper liability, their RoboClaims always try to sue both as if they can jointly and severally, but the Courts should be looking at the was Driver or Keeper and chuck the claim out for being vague, but they don't  They might if POFA fails and they know they are onto a loser, might have a last gasp and try to rely on Elliott v Loake a criminal case so not applicable to a Civil claim, and CPS v AJH Films, again not applicable as is about employer/employee, they will do this to try to get someone to cough up before a case they know they are going to lose to salvage what they have already paid ou to go to court.  I would delete the  line   As the keeper of the vehicle, I decline as is my right to name the driver (s) at this time"  That is an oblique reference to the duty to name driver in a Criminal case, and is the Elloitt v Loake scenario.   Others will have better ideas, but lloking decent.
    • Good morning request sent off yesterday to moriarty law  but today got this load of tosh  Combine Jul 17, 2019.pdf
    • In response to your question, I have a copy of the title deeds showing ownership and also the leases. No idea what to do with that info though!   I should be most grateful if you would review the attached brief draft defence on page 1. The page 2 thoughts are a work in progress.   The POFA point is weak in my opinion, but having read a lot of analysis of the requirements, I haven't managed to come up with anything beefy.   I should be grateful for any ideas on that, as it seems like a failure to follow procedure would be a strong defence.   Also it asks for the driver's details on the PCN and then the claim states the Defendant was the registered keeper and/or driver, but I don't really understand whether there's a point of defence there.    DRAFT DEFENCE 1)      The claimant has failed to prove that VCS had a contract with the landowner (The West London Property Corporation Ltd.) in August 2015, and therefore failed to show either a legitimate interest in controlling parking at the Berkeley Precinct, or the authorisation to make charges on their own behalf, for any overstay in the carpark, including for first-time offenders (relevant to Tesco lease). (no response to CPR 31.14 request delivered and signed for at 10.32a.m. on 9th July) 2)      The claimant has failed to prove that VCS obtained a planning permit from the Sheffield Planning Department under the Town and Country Planning Act 2007 (also requested in my CPR 31.14 letter) and that there were prominent signs in existence at that time, showing clearly the terms and conditions for parking and the charge payable for any breach. Therefore, the three elements of offer, acceptance and consideration required for a contract were not met, and no contract existed. 3)      The claimant failed to issue the PCN in the timescale required under the Protection of Freedoms Act 2012 for keeper liability and, allowing for the 2 day delivery time afforded to Royal Mail, it arrived a day later than the 14 day deadline. The parking company has not met the keeper liability requirements and therefore keeper liability does not apply. The parking company can therefore only pursue the driver. As the keeper of the vehicle, I decline, as is my right, to provide the name of the driver(s) at the time. As the parking company have neither named the driver(s) nor provided any evidence as to who the driver(s) were, I submit I am not liable to any charge.    
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Andres1974

Chiltern Rails - ticket not valid for entire journey **RESOLVED OOC**

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Good morning all. I am very glad I found this forum.

I wanted to request assistance on a few questions please.

 

Story:

I was caught with a ticket from Marylebone to location B (my home location), but the ticket was only valid to location A.

This trainline has different journeys, where some do stop in location A, but this one in particular didn't. It was straight to my home.

The ticket inspector came and asked for my ticket, which i showed.

 

He inquired about the ticket and I hesitated, but made up a story that I had a business meeting in location A, but he didn't believe me (I don't blame him).

He then asked for my ID and I told him I didn't have it with me.

 

He asked for my name and address and proof (like a bank statement), which I showed from my phone.

He was going to take a picture and I put my phone away,

 

he then started asking about my date of birth and what I did for a living.

At that point and to add to the fire,  i started asking him if he had the right to ask for all this information as he was a civilian.

Obviously, he didn't like that.

 

I asked as I felt intimated, he then said that he could call the British Transit Police if I refused to cooperate.

I told him I had cooperated, he wanted by name and address and I had given those to him, that I felt I should be able to inquire about how much authority he had over a civilian and he was one him self.

 

He then asked me to get off with him in location B,

he sat in a bench and started writing in a notepad what seemed to be the recollection of questions and answers.

 

I realized we were not going to get to any resolution so I asked if he could legally hold me.

He said "no", but that he was almost done.

 

I decided to walk away, he turn his camera and read a version of the Miranda Rights (if this questions could be used in court, etc) and started following me.

I replied "no" and carried on walking. 

 

By reading the forum, i am pretty sure I am going to get a letter.

 

My question: 

 

1. Is there a point to hire a solicitor to help me deal with this from the get go?

If this is the case, does anyone know the approximate cost and recommended ones. 

 

2. When I get the letter, I was thinking that instead of writing the summary of events from below,

just simply stating 'Yes, i was a with ticket that didn't complete the full journey' admitting I was in the wrong and start asking to pay the ticket and a fine?

Is there a point telling the whole story? 

 

Has anyone had an experience similar to mine?

I would appreciate any feedback, tips and recommendations. 

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I would await the letter, IF one comes

then we'll deal with what it is ACTUALLY charging you with appropriately.


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I can’t see how a solicitor will help.

await the letter, and see what they are considering proceeding with.

 

they might go for the (strict liability) Byelaw offence (which they will achieve no problem).

 

they may choose to use the “with intent to avoid” Regulation of Railways Act 1889 s5(3)(b) statute, and it isn’t a stretch that they will prove intent to a court’s satisfaction.

 

Given you weren’t entirely compliant with the member of rail staff : how do you intend to persuade them to use an alternative to prosecution? 

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On 18/04/2019 at 10:57, Andres1974 said:

Good morning all. I am very glad I found this forum.

I wanted to request assistance on a few questions please.

 

Story:

I was caught with a ticket from Marylebone to location B (my home location), but the ticket was only valid to location A.

This trainline has different journeys, where some do stop in location A, but this one in particular didn't. It was straight to my home.

The ticket inspector came and asked for my ticket, which i showed.

 

He inquired about the ticket and I hesitated, but made up a story that I had a business meeting in location A, but he didn't believe me (I don't blame him).

He then asked for my ID and I told him I didn't have it with me.

 

He asked for my name and address and proof (like a bank statement), which I showed from my phone.

He was going to take a picture and I put my phone away,

 

he then started asking about my date of birth and what I did for a living.

At that point and to add to the fire,  i started asking him if he had the right to ask for all this information as he was a civilian.

Obviously, he didn't like that.

 

I asked as I felt intimated, he then said that he could call the British Transit Police if I refused to cooperate.

I told him I had cooperated, he wanted by name and address and I had given those to him, that I felt I should be able to inquire about how much authority he had over a civilian and he was one him self.

 

He then asked me to get off with him in location B,

he sat in a bench and started writing in a notepad what seemed to be the recollection of questions and answers.

 

I realized we were not going to get to any resolution so I asked if he could legally hold me.

He said "no", but that he was almost done.

 

I decided to walk away, he turn his camera and read a version of the Miranda Rights (if this questions could be used in court, etc) and started following me.

I replied "no" and carried on walking. 

 

By reading the forum, i am pretty sure I am going to get a letter.

 

My question: 

 

1. Is there a point to hire a solicitor to help me deal with this from the get go?

If this is the case, does anyone know the approximate cost and recommended ones. 

 

2. When I get the letter, I was thinking that instead of writing the summary of events from below,

just simply stating 'Yes, i was a with ticket that didn't complete the full journey' admitting I was in the wrong and start asking to pay the ticket and a fine?

Is there a point telling the whole story? 

 

Has anyone had an experience similar to mine?

I would appreciate any feedback, tips and recommendations. 

 

You were of course quite within your rights to ask questions with regard to the member of staff’s authority over you etc, and all you legally have to supply is your name and address. It sounds as though he thought you were being difficult? This doesn’t help your case of course, but that’s how it sounded Reading your post. 

 

I suggest awaiting any correspondence from the train operator and go from there. You mentioned you were read your rights, or words to that effect? You were cautioned, but it sounds like you chose not to answer any questions. This is of course your right, but in refusing to answer questions, you can’t really submit any defence for your actions should the matter go to court. That’s the whole idea of the caution.

 

reading your post, it sounds like you want to hold your hands up anyway, so is and when a letter does arrive, I’d suggest a ‘damage limitation’ approach and send the default grovelling reply asking to meet their reasonable admin charges to keep the matter out of court.

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Hello and thanks for your replies. So the letter did arrive today, which i have attached as a PDF. 

 

Going back to my original post, can someone provide advise? I want to hold my hands up and offer to pay, but unsure what would me the 'admin' charges, how much should I offer; do i need to elaborate on the details of the incident or just saying 'Yes, i was a with ticket that didn't complete the full journey'. Is there a template I can use? 

 

Thank you very much for your replies and help

Full page photo.pdf

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you don't offer a 'sum' 

 

see this example letter...post 15

 

 


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PROSECUTIONS UNIT 

 

To whom it may concern:

 

I would like to first and foremost apologize profusely for my regretful actions.

I pride myself on my integrity and honesty and I feel shameful for my moment of very poor judgement for not having a valid ticket for my entire journey on April 16th. My ticket was valid from Marylebone to Wembley and I boarded a train for a journey from Marylebone to Gerrards Cross. 

 

I was panic-stricken when questioned by the Inspector and instead of raising my hands and admitting that I didn’t have a valid ticket for the entire journey, I started making non sense excuses, which understandably only made the matter worse.

 

I am just so sorry for my actions and the inconvenience caused to all involved and would like to request that you agree to settle this incident out of court by accepting immediate payment of the unpaid fare and any incurred admin costs that my actions have caused Chiltern Railways.

  

I would appreciate your consideration and I sincerely hope that you can show some leniency in this matter.

 

I am very concerned that prosecution for a first time, unintentional action might have a disproportionate effect on my future employment as it is essential that a clean CRB record is maintained by me.

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They'll look at that, see the obvious flaw, and (probably) say "ohh, look, its got a copy of a line from the letter we first saw in Nov 2012".

 

There is no "magic bullet" letter, but I'd suggest:

a) Not saying something that they'll immediately say "well, that doesn't seem strictly true"

b) by all means use "themes" from letters you have seen on the internet, but don't straight copy : not only does it risk you saying something not appropriate to your situation, but they'll have seen it before, and your own words will 'ring true' and be more persuasive than direct copying from internet forums. 

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Hi all, 

 

I just wanted to thank you all for your help. I followed your advise, and received a letter where they are prepared to close the file for £74.70, which I am definitely going to do. Lesson learned. 

 

 

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hey well done

 

please try and donate to keep us here

 

well done CAG members too

 

dx

 


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

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Great news, well done Andres. :)

 

HB


Illegitimi non carborundum

 

 

 

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