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    • 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.
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caught using 11-15 oyster on bus


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im asking on behalf of a friend who is 19 years old and was caught using a 11-15 oyster on the bus

they have used it multiple times over the past 2 months but were caught when approached by the officer,

she told the truth about her age when asked,

she received a letter today and we we're looking for any advice on trying to settle this out of court,

i have read a few threads on the matter and wanted to see whether our response to the letter is sufficient

the letter we have come up with is: 

 

To whom it may concern, 
 
Regarding the offence committed on Thursday 31st August 2023 I accept to committing the offence. 
 
On the day the offence was committed , i was not at home and had to return home to help my mother who has just had a craniotomy surgery. At the time, I did not have my personal oyster or enough money for the bus fare to get back home and saw this as my only option in order to get back home. 
 
I did not intend to use this as a way to escape the bus fare and acted in a panic.
I understand that this is a serious offence and acknowledge that my reasons are not excuses for the offence i’ve committed therefore i apologise for any inconvenience this has caused and I am willing to pay for the bus fare and any additional fines I may have to pay. 
 
I would be grateful if this could be sorted outside the court room as i am a second year university student and a criminal prosecution would negatively affect my studies and my career path as i intend to work the medical field. 
 
I am also currently in a bad financial position as i’ve needed to move jobs due to the distance and the recent cost of living crisis in order to provide for my family as my father is retired and my mother isn’t able to work because of her recent surgery. I’ve really struggled to balance work and my studies. Furthermore, payments and loans for uni has been negatively affecting my mental health. Therefore, having a criminal record could affect not just me but my family as well as I have a role in providing for my 3 younger siblings who are still young and in school. 
 
Again, I understand there aren’t any excuses for my actions and I take full responsibility for the offence. I understand the severity of this offence and will never do it again. Thank you for giving me the opportunity to plead my case. 
 
I would also prefer to be contacted via email through this address as i have recently moved houses and there have been recurring issues with posts to my home and would like to address any issues in a timely manner. However if this is not possible, i understand. 
 
Thank you. 
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would there be a pattern of travel going back the 2 mts that TfL could see?

if so, that letter is not really doing you any favours as it relates to a one off moment of xxxx that cant have happened every day for 2mts. 

needs reworking if this is the case.

 

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... 

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agree with dx.

if they look back they’ll see it wasn’t a one off decision. Additionally: if it was a one off decision that day : how come you had the 11-15 oyster already?

 

You / your friend don’t have to tell them it has been for 2 months if they haven’t asked. That doesn’t mean it would be good to get caught in an obvious lie that this was a spur of the moment error.

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hey i do not have access to the letter personally and i believe the person who got sent the letter has already sent off that email, would you recommend sending another email, if so how would i approach the fact that the first letter wasnt the complete truth

all the journeys started from the same location but they were all bus journeys, it was mainly used to get to work and university around 3 days a week and there were the off times where it may have been used for other travels like to the shops ect

i was under the impression that since it didn't mention multiple journeys on the letter and only asked to explain the incident on that day we shouldnt mention any other journeys

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If you don’t know what they actually did or didn’t say : you might get duff advice if it is based on incorrect info.

Best they post here so we only get the one (accurate) version.

They absolutely don’t have to mention other journeys if not asked about them.

But that doesn’t mean TfL won’t have an idea there were more journeys. Hence why it’s a bad idea to say “it was a one off, spur of the moment thing” when it’ll be obvious to TfL that it wasn’t!

I think I phrased it as “You / your friend don’t have to tell them it has been for 2 months if they haven’t asked. That doesn’t mean it would be good to get caught in an obvious lie that this was a spur of the moment error.”

 

 

Edited by BazzaS
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could not of said it better.

 

 

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... 

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Share on other sites

2 hours ago, hs31 said:

i was under the impression that since it didn't mention multiple journeys on the letter and only asked to explain the incident on that day we shouldnt mention any other journeys

the initial letter never does. it's only a specimen charge.

correct you never tell them anything they don't already know 

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... 

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Share on other sites

hey sorry for the confusion 

To whom it may concern, 
 
Regarding the offence committed on Thursday 31st August 2023 I accept to committing the offence. 
 
On the day the offence was committed , i was not at home and had to return home to help my mother who has just had a craniotomy surgery. At the time, I did not have my personal oyster or enough money for the bus fare to get back home and saw this as my only option in order to get back home. 
 
I did not intend to use this as a way to escape the bus fare and acted in a panic.
I understand that this is a serious offence and acknowledge that my reasons are not excuses for the offence i’ve committed therefore i apologise for any inconvenience this has caused and I am willing to pay for the bus fare and any additional fines I may have to pay. 
 
I would be grateful if this could be sorted outside the court room as i am a second year university student and a criminal prosecution would negatively affect my studies and my career path as i intend to work the medical field. 
 
I am also currently in a bad financial position as i’ve needed to move jobs due to the distance and the recent cost of living crisis in order to provide for my family as my father is retired and my mother isn’t able to work because of her recent surgery. I’ve really struggled to balance work and my studies. Furthermore, payments and loans for uni has been negatively affecting my mental health. Therefore, having a criminal record could affect not just me but my family as well as I have a role in providing for my 3 younger siblings who are still young and in school. 
 
Again, I understand there aren’t any excuses for my actions and I take full responsibility for the offence. I understand the severity of this offence and will never do it again. Thank you for giving me the opportunity to plead my case. 
 
I would also prefer to be contacted via email through this address as i have recently moved houses and there have been recurring issues with posts to my home and would like to address any issues in a timely manner. However if this is not possible, i understand. 
 
Thank you. 
 
this is the email that my friend sent to tfl, would you say we would need to send another letter asap correcting that it wasn't a one time mistake or would you suggest we wait for their response then discuss the other journeys, I have also included a scan of the letter as requested before

 

 

TfL 1st Letter.pdf

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1 hour ago, hs31 said:

I did not intend to use this as a way to escape the bus fare and acted in a panic.

if they comeback and list multiple uses in their SJP summons hows that going to explain all the uses, you can't have panicked for every use.

i suggest you look at the numerous reply to TfL letters already here on this forum 

1 hour ago, hs31 said:

any additional fines I may have to pay. 

TfL cant fine you, only magistrate judge can. their claim will be for unpaid travel.

1 hour ago, hs31 said:

saw this as my only option in order to get back home. 

saw what? you took her card to get home...say so, dont make them guess, but you also need to state the next day you returned it. unless you didn't and you kept it to use for 2 mts...now you see the important admittance conundrum you are opening here which must be answered CAREFULLY. not giving away if/how additional uses came about.

1 hour ago, hs31 said:

therefore i apologise for any inconvenience this has caused

its not inconvenience to them at all....IT'S A CRIME!!  and thats not what you need to think of it as either.

2 hours ago, hs31 said:

I would be grateful if this could be sorted outside the court room as i am a second year university student and a criminal prosecution would negatively affect my studies and my career path as i intend to work the medical field. 

either use before court or out of court settlement (OOC) 

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... 

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could we just state that the tfl officer confiscated it on the day and provided us with a ticket to then use for the next journey so that she could get home (this actually did happen)

so you recommend waiting for a SJP summon letter before further explaining or should we send another email explaining this more 

ASAP^^

 

 

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would you say we send another email to explain the other journeys asap or should we wait for the letter that will then tell us that they suspect us using it for multiple journeys

do you think we should send another email that says something different, along the lines of

I am sorry for using the oyster......as I have been struggling financially.....mum gone through surgery.....need to provide for the family so cannot afford to hold a criminal record....would ruin career as a criminal record would make it so can't get into medicine...I did use my 18+ oyster before the issues with my mum .... haven't used anything like that ever since and have paid for all my journeys with my 18+ student oyster...I am very apologetic

(we would add more detail in the actual letter)

would you say this is better because it doesnt say anything about it being a one time thing

 

19 hours ago, hs31 said:
To whom it may concern, 
 
Regarding the offence committed on Thursday 31st August 2023 I accept to committing the offence. 
 
On the day the offence was committed , i was not at home and had to return home to help my mother who has just had a craniotomy surgery. At the time, I did not have my personal oyster or enough money for the bus fare to get back home and saw this as my only option in order to get back home. 
 
I did not intend to use this as a way to escape the bus fare and acted in a panic.
I understand that this is a serious offence and acknowledge that my reasons are not excuses for the offence i’ve committed therefore i apologise for any inconvenience this has caused and I am willing to pay for the bus fare and any additional fines I may have to pay. 
 
I would be grateful if this could be sorted outside the court room as i am a second year university student and a criminal prosecution would negatively affect my studies and my career path as i intend to work the medical field. 
 
I am also currently in a bad financial position as i’ve needed to move jobs due to the distance and the recent cost of living crisis in order to provide for my family as my father is retired and my mother isn’t able to work because of her recent surgery. I’ve really struggled to balance work and my studies. Furthermore, payments and loans for uni has been negatively affecting my mental health. Therefore, having a criminal record could affect not just me but my family as well as I have a role in providing for my 3 younger siblings who are still young and in school. 
 
Again, I understand there aren’t any excuses for my actions and I take full responsibility for the offence. I understand the severity of this offence and will never do it again. Thank you for giving me the opportunity to plead my case. 
 
I would also prefer to be contacted via email through this address as i have recently moved houses and there have been recurring issues with posts to my home and would like to address any issues in a timely manner. However if this is not possible, i understand. 
 
Thank you. 

or would you say that won't be a good idea because we have already sent this email to them 

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