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    • There's another photo.   Damning new Partygate photo of No10 leaving do where staff were told 'the bar's open!' - Mirror Online WWW.MIRROR.CO.UK The event, which sources said was attended by 30 to 40 staff, is not believed to have been investigated by Sue Gray in her Partygate probe or by the...  
    • Well said Marina, I haven't read that yet. Rafael Behr has a good opinion piece in the Guardian as well posted today.   Sam Coates was great, wasn't he?
    • It’s truly inspirational to think their £460,000 “Partygate” performance piece has not yet reached its final form. That will come as early as today, when a number of the officers tasked with not spotting Boris Johnson in a series of piss-up photos get signed off with stress.   Only when they’ve been on the sick for two years, then retired with a full pension but also returned to a high-paying station desk job, will Partygate have attained the British establishment gold standard.   - Marina Hyde
    • Hi allets, CCA to whoever is the debt owner today, let us know their response, or lack there of, for further guidance   Or you could read up other like threads and the advice will be the same, so you'll know what to expect   BT
    • OK, let's get stuck into these damn fleecers.  Building on last night's version, new bits in red.   LFI, can you check I've understood the POFA bits properly that you suggested (4.  NO KEEPER LIABILITY)?  Thanks.     IN THE COUNTY COURT SHEFFIELD    CLAIM NO: XXXX   HX PARKING LTD  (CLAIMANT) VS XXX (DEFENDANT)   Date: 3rd May 2022   Witness Statement   1. I, Mr XXX, of xxx am the Defendant against whom this claim is made.   1.1. I was the registered keeper of the vehicle XXX.   1.2. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge they are true to the best of my information and belief.   INSUFFICIENT & CONFUSING SIGNAGE   2. I confirm that i was the Registered Keeper of the vehicle which is in question in this case and the vehicle was parked in Alma Leisure Centre, Chesterfield. The vehicle was parked there because the driver went to McDonald’s for eat in (bank statement proof exhibit 1).   2.1. There were no clear signs at the entrance nor in the car park, it was night time and weather was not clear as well.   2.2.  In their Witness Statement opposing my set aside application the Claimant includes a site plan showing the position of their signs and a close up of a sign to make it look like it is featured in the Guinness Book of Records as the largest billboard in world history.   2.3.  The reality for the motorist is completely different.  I attach photos, some from Google Earth but most taken by myself, which show what a motorist sees when approaching the site in daylight (exhibit 2).  There is no sign at the entrance.  The car then drives past a gym and a cinema without encountering any signs.  When then parking in the car park outside McDonald's once again there is dearth of signage.  Admittedly a motorist who perhaps came out with binoculars might just about be able to make out signs in the far distance mounted on various buildings.   2.4.  The driver visited the site around midnight.  I further attach photos taken at night from the McDonald's area (exhibit 3) and defy whoever is representing HX Parking at the hearing to point out the signs the driver should have read.  There aren't any.  I have not doctored these photos in any way or deliberately not photographed visible signs.  There simply are no visible signs.   2.5.  Even if the driver had seen the signs, they would have been extremely confusing.  A car is normally allowed to be parked for five hours, yet after midnight this is changed to one hour.  This begs the question for how long a motorist entering at 10pm for example is allowed to stay.  Is it for five hours until 3am or until 1am?   2.6. The PCN/NTK states "period of parking 00:02:05".  It is common sense that a couple of minutes was needed to enter the complex, find McDonald's and find a parking space, before the period of parking began, so it is likely the car entered the car park before midnight allowing the driver to park the car there for five hours.   2.7.  Even if the driver had seen the signage - they did not - the mention of a £100 charge is literally the last word on the last line of a long board of text.   UNFAIR TERM   3.  In an interview with the local newspaper (exhibit 4) Ms Ellie Berkeley, HX PCN administration team leader, said: “The five-hour maximum stay prevents workers from close by abusing the land and parking there for free, without using the shops on site" which makes sense.   3.1.  This therefore begs the question of why this limit is cut by a massive 80% after midnight when the cinema and eateries are still open.  The driver indeed ate at McDonald's.   3.2.  Ms Berkeley continued: "Five hours is sufficient time to visit the cinema and also eat at a restaurant".  Certainly five hours are sufficient.  One hour is not.    3.3.  I would maintain this is an unfair term under the Consumer Rights Act 2015 part 2 section 62 (6) ""A notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations to the detriment of the consumer".  Such a term has absolutely nothing to do with efficient management of a car park and everything to do with trying to catch diners or cinema-goers out and thus have an excuse to issue PCNs.   NO KEEPER LIABILITY   4. The Particulars of Claim do not clarify in what capacity they believe I am liable but state that the Defendant is “liable as the driver or keeper” of the vehicle. This appears to be “fishing” for liability.     4.1.  The Claimant's PCN does not comply with Section 4 of the Protection of Freedoms Act 2012.  POFA states that a parking period must be stated and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit.  All that takes time.   4.2.  To transfer liability of the alleged debt from the driver to the keeper, in their PCN the Claimant must include the wording at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)" but they have not. That in itself makes it non-compliant.   LOCUS STANDI   5.  Looking at the contract with the landowner which the Claimant included when opposing my set aside application, the names of the signatories and their positions in their respective  companies have been redacted.  The Claimant is put to strict proof of who actually signed.   5.1.  There is no specific authorisation from the Client to allow court action in pursuit of non payers.   In section 11 which is like an addendum it states "the Company shall provide parking control" but does not state if that includes legal pursuit as well and it does not appear to be signed.   ILLEGAL SIGNAGE   6.  After checking, I have found out that there in NO planning permission granted for said signs, therefore making them illegal as lack of planning permission is a criminal offence under the Road Traffic Acts 1962 and 1991 and no contract can be performed where criminality is concerned.   6.1.  The Claimant is supposed to comply with the law and the IPC Code of Conduct and they have done neither.  The new government Private Parking Code of Practice draws attention as well to s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   ABUSE OF PROCESS   7. The Claimant seeks recovery of the original £100 parking charge plus an additional £60 described as “contractual costs and interest” or “debt collection costs”. No further justification or breakdown has been provided as required under Civil Procedure Rule 16.4.    7.1.  As part of the provisions of the Parking (Code of Practice) Act 2019, on 07/02/2022 a new Code of Practice was published by the government, designed to prevent these “rogue” traders from "ripping people off" (the minister's words) with extra charges, which have been deemed unfair (https://www.gov.uk/government/publications/privateparking-code-of-practice/private-parking-code-of-practice).    7.2.  Section 9 of the new Code of Practice, regulates the matter of recovery costs: “The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued” (exhibit 5).   7.3.  Even before publication of the government’s Code of Practice, Parliament intended that private parking companies could not invent extra charges. PoFA Schedule 4, paragraph 4(5) states that “The maximum sum which may be recovered from the keeper is the amount specified in the notice to keeper” which in this case is £100.    7.4.  Previous parking charge cases have found that the parking charge itself is at a level to include the costs of recovery ie: Parking Eye Ltd vs Beavis (2015) UKSC 67 which is the authority for recovery of the parking charge itself and no more, since that sum (£85) was held to already incorporate the costs of an automated private parking business model and the Supreme Court Judges held that a parking firm not in possession cannot plead any part of their case in damages. It is indisputable that an alleged “parking charge” penalty is a sum which the Supreme Court found is already inflated to more than comfortably cover all costs. The case provides a finding of fact by way of precedent, that the £85 (or up to a Trade Body ceiling of £100 depending on the parking firm) covers the costs of the letters. Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio. An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated ‘’Upon it being recorded that District Judge Jones-Evans has over a very significant period of time warned advocates [...] in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court v Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practice continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared [...] the claim is struck out and declared to be wholly without merit and an abuse of process.’’   7.5.  In Claim numbers F0DP806M and F0DP201T, Britannia vs Crosby the courts went further in a landmark judgement in November 2019 which followed several parking charge claims being struck out in the area overseen by His Honour Judge Iain Hamilton Douglas Hughes GC, the Designated Civil Judge for Dorset, Hampshire, Isle of Wight & Wiltshire. District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ‘’It is ordered that the claim is struck out as an abuse of process. 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 nor with reference to the judgment in ParkingEye 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...''    7.6. The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.   Statement of Truth    I believe that the facts stated in this Witness Statement are true.   I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
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caught using MIL's freedom pass - 50+ uses **RESOLVED**


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Hello everyone,

 

I am new here and it seems that I have a big problem and I need your help!

 

Yesterday my husband was caught by inspector touching out my mom Freedom pass. My husband lied and said he just found it yestersay and decided to use it to save some money on travel bcoz he is not working regularly due to the pandemic. The inspector confiscated ny mom freedom pass and took my husband details. 

 

Today we received the standard letter to fill up the form on the back and to explain guilty/not guilty.

 

Now I am confused what to do. There is few details in the story. 

 

1- my mom is from Eastern Europe and have surname completely different from my husband he is with Asian origin. The picture of the pass as well dont make any connection btw them both. BUT my mom card is registered on the same address?!?! And I already reported it lost yesterday and received an email that new card is on the way in 5-7days.

 

2- my husband was using this card for about a year, but it was really irregular as he is on furlough and really not working that much, also touching his own card on mornings bcoz the freedom is not working in peek times.

 

3- my husband was caught on different station and not on the one that he usually uses the card to go to work.

 

4- my husband was caught about a year ago (or a bit more) "jumping" out. Then he said he is guilty and sorry and we paid the fine. Then he throw his oyster and bought a new one but his details are still within the record i think.

 

Now what we are worried is the court!

 

We are in process of buying a property and my husband also need a clear criminal record for his 2nd job so we need to avoid the court.

What should I do?

Should I find a lawyer?

How this can affect job and house-buying?

What is best to write in the letter- continue with the lie that he found the card and hope they will not check the freedom details OR say what really was and wait for the punish?

 

am really very scared and worried and all. I have seen the remorse letters and I will make a good one but which story to write?

 

I am scared that if I lie that he found it and then they find out that the address is the same and he is lying it can get worse.

Please any information and advice will be much appreciated.

 

Thanks

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This is the letter we received. So the card is from new year. He maybe used it 15 time jan and feb, then completely not end of feb and full march and half april as we were abroad. Then half april, may, june, july maybe 3-4 times a week once a day from st. john wood station. He got caught on Tothenham. 

 

So do you say he need to explain that he lied about finding the card and explain that this is his mother in law card and he took it this day as he was out of pocket???? I am very worried that if he explain they may investigate further and catch him using it for long. On the other hand if he apologise for using the "found card" they may catch him lying if they check the freedom address. 

 

 

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  • dx100uk changed the title to caught using MIL's freedom pass -poss100+ uses

Yes, it is the standard letter yes. I am noticing from the forum that most people using Freedom are receiving straight court letters few months after the offence. Now my husband received a letter on the next day. When he was asked to show the freedom pass he didnt know what is this as he was really not aware what is this, he knew it is just free oyster. So he finally showed it and lied to the inspector that he found it on the road and used it to save money. Is it possible that the inspector consider this as normal " not paid ticket" case and not a Freedom abuse case? And what if he just write:

 

I plead guilty and I am deeply sorry for using oyster card that doesnt belong to me. It was really stupid action and I apologise. I will never do it again. I didnt realise the seriousness of this crime till now.

 

Written this way he doesnt say he lied and he is not showing that this is Freedom pass. But he plead guilty and he knows he is wrong.

 

Is it possible that they believe he found it and not check any more details?!?!?? It is my mom card, she doesnt know anything about it and she will honestly kill me if she undestand what we did.

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  • 2 months later...

Hello again,

 

my husband sent grovelling letter back In August. But no luck with it and now we received a court letter. I will attach copy of it and pls advice me what are now the options

 

Is there an option for ooc settlement or not?

Also I found out that if court and plead guilty then this will stay on his criminal record for 1 year.

Does that mean that his enhanced dbs will show clear after 1 year?

Also does that affect applications for mortgage, loans, etc?

 

Thank you in advance!

 

Also we have a copy of the list with the TIC 53 journeys

 

requisition to attend Mag Court - 53 uses.pdf

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Thank you for your replies. I am attaching the previous letter so you can help me do a better one now. I have read all the topics and examples in previous conversations.  Really really worried about it. I can't even sleep properly. 

 

Now...I have contacted a solicitor company just out of interest and they asked for £700 just to send letter to Tfl. Also they said in worst case scenario and criminal record this will be for 1 Yr. Just for the record and it may help others.

 

Now Bazza...I m confused...is it gonna be 11 years or 1 Yr on his criminal record and DBS?

 

Also on the court letter there is no the TFL email or any address for tfl. Do I send the grovelling letter to the same email as initially?

 

Thanks a lot for all your help! We are really stressed and ashamed! And we never knew this was so serious!

 

1ST BEGGING LETTER.pdf

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This is what I wrote... 

Do I need to mention the 53 journeys that he needs to pay or said like this "any fines charged" is enough? I mean should I be more specific?

Thanks

 

 

Dear sir or madam,
I am writing to you again and I would really like to stress to you that I am genuinely, extremely sorry for my actions and I want to ensure you that I will not do anything like this ever again! I feel very shameful for my behaviour!


As a sole income earner for my family a criminal record would be devastating for me as my employment relies upon a clean criminal history. I work two jobs in order to meet ends. I do dry cleaning and security job.

 

For my security job I need a clean enhanced DBS and if I get a  criminal record it means I will not be able to work which will make my financial situation even harder.


I am a hard working man, with two small children (2 and 5 year old). My wife is not working as she is looking after the kids. I am also trying to support my sister in Pakistan who became a widow last year at age of 33


It has been hard year for me with the pandemic and all. I pride myself on my integrity and honesty and this is my first ever offence of any legal matter. And it is surely the last! I am really upset that I made this mistake and now I'm in this awful situation.


I am asking TFL to allow me to pay the reasonably incurred costs in full to dispose of the matter without court actioning order to prevent getting a criminal record. I will take full responsibility for covering the cost of any fines charged.


Once again I deeply apologise, I am very stressed and anxious about the situation and I really really hope that you can show some leniency in this matter.


Please find attached a proof of my security job and the DBS that is required.
Yours faithfully,

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I changed it a bit as you advised.

Add a part that he didn't know it is a criminal offence to use someone's card.

Do you think it is a good thing to include? Because it is true.

Also I am gonna include payment for oyster, and his dbs needed for the job. 

 

Bazza, no I didn't ask the solicitors specifically for enhanced dbs so this 1yr is probably for basic. 

I am aiming to send the letter on Monday so waiting for your last advice pls. 

Also do I send it to the same email as the 1st letter???? because now I have only court address in the court letter...

Thanks in advance!

 

Dear sir or madam,

I am writing to you again and I want to say that I deeply regret my actions which were completely out of character and as a result of stupidity. What I did was wrong and I am sorry for wasting staff time and I feel very shameful for my behaviour! I was not aware that it is a criminal offence to use someone else's oyster.

As a sole income earner for my family a criminal record would be devastating for me as my employment relies upon a clean criminal history. I work two jobs in order to meet ends. I do dry cleaning and security job. For my security job I need a clean enhanced DBS and if I get a criminal record it means I will not be able to work which will make my financial situation even harder.

I am a hard working man, with two small children (2 and 5 year old). My wife is not working as she is looking after the kids. I am also trying to support my sister in Pakistan (and her 2 children) who became a widow last year at age of 33!

I have been paying for my travel since that day and I am attaching a proof of it. It has been hard year for me with the pandemic and all. I pride myself on my integrity and honesty and this is my first ever offence of any legal matter. And it is surely the last!
I am asking TFL for an Out of court settlement meeting  all reasonable admin costs and payment for the journeys made.

Once again I deeply apologise,  I am very stressed and anxious about the situation and I really hope that you can show some leniency in this matter and this can be settled without a criminal record.

Please find attached a proof of my security job and the DBS that is required. Also statement showing my travel payments.

Yours faithfully,

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  • 1 month later...

Sorry, but what means to "hand over cash for this"???? Do you mean to give extra cash straight to the prosecutor? Or is this that all fines need to be paid on the time and in full, in cash? Or anything else? Thx

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Thank you all for the "cash" explanations :) Not a native English speaker here, yes and it may become confusing But after the 1st person that explained it all made sense and clear now. I thought it was like this but as this is something completely new experience for me I wanted to be 100% sure what we are talking about.

 

Now about the court letter I have uploaded that long ago...I think November 🤔 

 

Now, also 1 more question just come to my mind. My husband requires STANDARD dbs for his security job. So it doesn't say ENHANCED. In case of criminal conviction how this is gonna affect it? Is it same 11 years as you mentioned before?

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  • 4 weeks later...

Happy new year everyone!

 

Thank you all for your help and guidance. Today was the court date and unfortunately he couldn't sort it OOC with the prosecutor. They fned him £600+ which is about 50% of the original total because they accept his apology.

 

He has now 7 days to pay.

I am not yet sure about the criminal record but will update if I have more information. 

 

Once again, thank you so much! 

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  • dx100uk changed the title to caught using MIL's freedom pass -poss100+ uses **RESOLVED**

Yes, we also think it went well taking into consideration that he really did so much wrong. He did show how remorseful he is.

 

The judge said to him to pay in 7 days and they gave him a paper with the reference number for payment. 

 

When my husband asked about the criminal record they said to him that IT will show In the letter that he will receive in the next few days.

So we still don't have it.  Will update.

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He went there, it was very busy at the court.

 

His case was for 2pm but then it went on at around 4.

 

He spoke to the prosecutor to ask for OOC agreement but this was not accepted.

 

Then inside the Court they asked him questions about why he did it, he apologised and explained his situation and then the court gave him a letter with the amount he has to pay.

 

Hope that helps.

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  • dx100uk changed the title to caught using MIL's freedom pass - 50+ uses **RESOLVED**
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