Jump to content


  • Tweets

  • Posts

    • its not about the migrants .. Barrister Helena Kennedy warns that the Conservatives will use their victory over Rwanda to dismantle the law that protects our human rights here in the UK.   Angela Rayner made fun of Rishi Sunak’s height in a fiery exchange at Prime Minister’s Questions, which prompted Joe Murphy to ask: just how low will Labour go? .. well .. not as low as sunak 
    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Bus fare dodging?? Need help.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 269 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I was using a bus pass a friend bought for me, he is a student.

I’ve been using this bus pass for months, her pictures been on the pass, no issue. I’ve not had an issue to be bothered.

Only yesterday, a bus driver asked for my id card.

I was like, for? Because it was a gift and more so, his picture was on the ticket all this while and no bus driver asked.

Well, if you know these bus drivers, they can be unruly

I was worried, I called customer service and she asked for the email address on the account. The woman started saying that, it’s fraudulent. I said how, when we had the option to gift. The woman said, if I should have any issues, I should come to their office. 

I can pay for the full ticket if need be, that’s not my issue, I genuinely think anything of it since we had the option to gift.

My issue, is, now, what would you advise I do next? Would I be prosecuted? Would I be called in? I have deleted my account, so I can lose that ticket. And I have regained the account, so I have no active ticket.

But I’m thinking that, if that’s their angle, I won’t argue with them anymore, if they need me to pay anything, I will pay. Just confused how it’s a gift, and it’s a crime.

Will they be able to knock on my door? Would they track me down with my email address? My head is just spinning in different directions.

I would really appreciate any response.

Thank you

Link to post
Share on other sites

Hello, welcome to CAG.

I'm not quite sure what's happened here. You were using a student bus pass that someone else bought for you. It had his/her photo on it but you thought it was OK to use anway?

Could you tell us who issued the bus pass please? Also, are you a student?

Best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

More importantly (for your situation) : were you asked for / did you give your details?

To answer your question on how it can be a crime If Person A wants to buy a pass for Person B as a gift :

1) the pass needs to have the photo of person B, not person A.

2) if the pass is fraudulent, both A and B commit offences

i) Person A if they knew (or should reasonably have known) it was fraudulent

ii) Person B if they do not show a valid ticket on demand. They still commit the offence but might persuade the bus operator not to prosecute if they can convince the operator they didn’t know it wasn’t a valid ticket. That would be an uphill struggle for person B if the pass had person A’s photo associated with it.

Oh, and those unruly bus drivers!

what with insisting people use passes they are entitled to use, and wanting to make sure they aren’t fakes. So unruly!!

  • Like 1
Link to post
Share on other sites

Thanks for your responses

i am new to the country so I’m not sure how things work 100% but I assumed that, since we had the option to gift, it was fine. With the picture, the identity of the gifter is proven.

Thank you for your response Bazza.

When I say unruly, I have seen a bus driver drive past an old lady just because she was just a minute late, she was literally walking as fast as she could, and someone else even yelled that he stops cos she is old. I’ve seen other people’s experiences with these bus drivers and they can be mean to them, that’s why I said that. I appreciate your sarcasm.

Anyways, I wasn’t asked for any information, other than my email address. Don’t know if they can get anything with that. Whatever the case, thank you. Immediately I learned that, it was wrong, I had already deleted my account, cos that was the only way I could cancel the active ticket.

I have no active ticket and will buy a new one if I wish to travel.

I am not a criminal, never wished to break the law and find no joy in doing so.

Thank you.

Link to post
Share on other sites

8 minutes ago, Lanadel said:

Thanks for your responses

i am new to the country so I’m not sure how things work 100% but I assumed that, since we had the option to gift, it was fine. With the picture, the identity of the gifter is proven.

Thank you for your response Bazza.

When I say unruly, I have seen a bus driver drive past an old lady just because she was just a minute late, she was literally walking as fast as she could, and someone else even yelled that he stops cos she is old. I’ve seen other people’s experiences with these bus drivers and they can be mean to them, that’s why I said that. I appreciate your sarcasm.

Anyways, I wasn’t asked for any information, other than my email address. Don’t know if they can get anything with that. Whatever the case, thank you. Immediately I learned that, it was wrong, I had already deleted my account, cos that was the only way I could cancel the active ticket.

 

I have no active ticket and will buy a new one if I wish to travel.

 

I am not a criminal, never wished to break the law and find no joy in doing so.

 

Thank you.

It would be helpful if you could tell us who issued the bus pass please and whether you're a student.

I'm not clear about whether the bus company can track you via your email. I would also suggest you don't blame the bus company staff for something that either you or your friend got wrong.

HB

  • Like 1

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Don’t use passes bearing other people’s photos.

Buy your pass(es) from the official sources.

If someone offers to gift you a pass and you aren’t sure they are buying it from a legitimate source:

Explain you had a problem once, ask them to send you the money, saying you’ll buy it yourself to ensure you don’t have problems.

 

Edited by BazzaS
  • Thanks 1
Link to post
Share on other sites

It’s just the normal ones you buy on the app. You’re not formally issued the pass like in the bus, not sure if that makes sense. I am not a student.

I am also not blaming them, my explanation was based on the fact that, I had little to no understanding and I was trying to explain myself and I was literally shooed away. I told the driver that I could pay for a new bus pass but I was really confused on the sudden issue when other bus drivers have seen me use the pass and had no issue. He kept stopping me mid conversation and telling me get off. I paid for a fare, as I wasn’t trying to get off easy, I just wanted an explanation to better understand.

That’s why, once I got home and thought about it, I just deleted my account, to lose the money and ticket and not further deliberate or argue with anyone. I was just genuinely confused. If it was an issue then, why was the gifting option allowed to me, with a different email address from the student? I just wanted to understand, that’s why I called customer service to explain too. It literally gives me the option to redeem a gift code. 

Thank you Bazza. Understood.

I even thought to call and say, I’ll pay for any loses? Just exhausted at this point. 

Link to post
Share on other sites

we dont normally hear of anything further if simply refused travel on a card not yours by a driver, they dont appear to lead to attempted prosecution, that only happens if stopped by revenue officers or a ticket inspector.

i suspect the 'gift' section was not completed properly, the buyer inputting their details and not yours if i remember the site properly. but that was moons ago.

i doubt you'll here anything.

dx

  • Thanks 1
  • I agree 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

OK, fully confused now.

Was the pass you were using, a student pass or full fare pass?

if it was a full fare pass bought by you using the gift code supplied to you why did the pass (or accompanying photocard) have someone else’s photo?

  • I agree 1
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...