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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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Sillyboy2019

Thameslink - Only Paid For Part Of Journey

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Posted (edited)

Hi,

 

As my name suggests, I have been a really silly person.

 

I was on a Thameslink train and only bought a ticket for part of my journey. The Revenue Officer talked to me, obtained my details and I signed a form stating that I didn't have the right ticket for the journey.

 

I am so so worried about being prosecuted and am deeply embarrassed. In fact worried isn't the word, petrified is a better word 

 

I have no idea what happens next or what the likely outcome is fine, prison etc?

 

I would be delighted if someone could give me an idea as to what I am in for in respect if a likely outcome and process.

 

Talk about being an idiot and learning the hard way. Lesson has been learnt today, I promise.

 

Thanks

 

SB

Edited by Sillyboy2019
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Hello and welcome to CAG.

 

People should be along later to advise, but forget about prison, this doesn't happen for rail fares.

 

Is it the first time you've done this?

 

Best, HB


Illegitimi non carborundum

 

 

 

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Thanks HB, much appreciated. Although not prison is a criminal record likely or is it typically a fine? 

 

Yes, first offence. 

 

Does the process take long, just wondering I long I can expect this to hang over me. 

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await IF a letter comes.

 

 


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3 hours ago, honeybee13 said:

People should be along later to advise, but forget about prison, this doesn't happen for rail fares.

 

 

Prison isn’t even a possibility unless:

a) they successfully prosecute under the Regulation of Railways Act (RRA) 1889 s.5 offences (requiring intent, rather than ‘just’ the Bylaw 18 offence of failing to show a ticket)

(which is part of why - in general - you [or anyone else posting] should tell us what the letter says, if /when you get one) The other part of ‘why’ is for the RRA offence they have to prove intent

b) it’d have to be a 2nd or subsequent conviction under the RRA.

 

So, put aside thoughts of prison (but don’t risk it again!)

 

 

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Not every time, I believe, but of course we have no way of knowing which cases they might let go. A letter can take up to about six weeks to arrive, it depends on the rail company [TOC].

 

If it's a journey you do regularly, you could look into buying a season ticket to show good faith.

 

HB


Illegitimi non carborundum

 

 

 

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Hi all,

 

After a worrying 3 months I have just received a 'Notice of intention to prosecute ' letter and need to reply within 14 days. It also references their intention to take this to the Magistrates Court.

 

The details of the offence are:

 

...did enter a train for the purpose of travelling on the railway, and upon inspection at LB; did not produce a valid ticket entitling travel.

 

Can you advise on a suitable response to GTR. 

 

I am really worried, it talks about criminal record and prison sentence etc.

 

Thanks

 

SB

 

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so you've not been reading up here in the last 3mts then?

you don't get sent to prison for a silly one off mistake

 

there are numerous threads here with the format of a letter that you can base a suitable response upon.

 

one of which is:

 

 

 


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

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Single Premium PPI Q&A Read Here

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Thanks.

 

I have but am still worried.

 

What is the likelihood of this going to court do you think? And getting a criminal record 

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for a one off offence!! very remote unless your OOC settlement begging letter falls on death ears or is lacking in some way.

 

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

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The CAG Interest Tutorial Read Here

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How about this as a response:

 

Dear Fare Evasion Manager,

 

With regard to your letter dated 18 November, I would like to sincerely apologies for purchasing the incorrect ticket for my journey. 

 

This was an oversight on my part and one which I am very embarrassed about.

 

I can assure you this will not happen again and I would like to offer to pay the difference in fair as well as the administrative costs incurred by GTR.

 

I apologies again for the inconvenience caused. 

 

Regards 

 

Should I go in to more detail if this is tok short and missing the point ?

 

Thanks

 

 

 

 

 

 

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“It was an oversight” seems a bit vague....

 

If you admitted more when interviewed it might be seen as you now trying to minimise the offence and not fully accepting responsibility.

So, it also depends on

a) the circumstances (what really happened?), and

b) what you said had happened at interview .....

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A) I bought a ticket to where I got a connecting train but not for the second leg it was a mistake.

 

B) I cant remember exactly as it was quite scary and happened so fast, but I said I made a mistake and bought thr wrong ticket 

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So change the sentence to:

 

 

This was an error on my part and one which I am very embarrassed about and take full responsibility for. 

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I would use the format and sentiments of that example imho

yours is very brief ..

 

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

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I agree with dx. We  normally encourage people not to waffle, but your letter needs expanding on and some more detail of what happened on the day, I would say.

 

We also suggest buying a monthly or longer season ticket to show good faith, if you're a regular traveller.

 

HB

 

 


Illegitimi non carborundum

 

 

 

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I apologise profusely for my actions in this case. I pride myself on my integrity and honesty and I feel shameful for my moment of very poor judgement. As the sole income earner for the family (my wife is on maternity leave), a criminal record would be devastating for us as my employment relies upon a clean criminal record.

 

On the 22nd I was travelling to London Bridge and needed to connect at Three Bridges. When purchasing my ticket in the morning I only bought a ticket to Three Bridges by mistake.

 

I made a bad error and I am just so sorry for my actions and the inconvenience caused to all involved.

 

I am happy to make immediate payment of the unpaid fare and any incurred costs that my mistake have caused.

 

I would appreciate your consideration and I sincerely hope that you can show some leniency as an criminal conviction would impact my employment and ultimately being able to provide for my family.

 

Regards

 

I cant offer to get a monthly ir annual as I only travel a handful of times per year.

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That still leaves it unclear if:

a) you “made a mistake” and accidentally bought the wrong ticket (only to Three Bridges), or

b) You had a “moment of very poor judgement” and deliberately bought a ‘short ticket’
It can’t be both.

 

Climb off the fence you are sitting on, it’ll give you splinters............ at the moment you are trying to hedge your bets but it is obvious that is what you are doing, and as a result: why should they believe the rest (expressions of regret, won’t do it again, sole income earner who will lose their job, etc.)

Edited by BazzaS

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Thanks for the feedback.

 

Its B. But I'm worried about the intent piece and what it can mean in terms of criminal record.

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Does their letter mention any law or byelaw under which they might prosecute?

 

HB

 


Illegitimi non carborundum

 

 

 

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It just says this under details of the offence:

The details of the offence are:

 

...did enter a train for the purpose of travelling on the railway, and upon inspection at LB; did not produce a valid ticket entitling travel.

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it would be extremely rare for someone to get a criminal record off of one matter of poor judgement even if you obv intended to defraud.

everyone is allowed to make poor decisions during their lifetime and learn from a gracious let off not to be so ….stupid again.

 

 

 


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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Thanks DX.

 

So how would you propose I draft this point in my response?

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I would say b covers it nicely

 

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

spreadsheets 

 

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