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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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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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MISUSE OF FREEDOM PASS - PROVIDED FAMILY DETAILS HELP


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I'm going to keep it short and sweet.

  • I used my gran's freedom pass
  • got caught and provided my brother's details
  • TFL have been talking with my brother and has stated that they acknowledge that it's not him and if a member of the family has done it then to come forward
  • I study Medicine and can't afford it coming up on my DBS
  • Should I remain quiet as I have no involvement/contact with them as of yet

 

Please advise.

I do regret my actions.

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  • Nicky Boy changed the title to MISUSE OF FREEDOM PASS - PROVIDED FAMILY DETAILS HELP
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Should I remain quiet as I have no involvement/contact with them as of yet

Depends how much more aggravation you want to see your gran and brother face.

Quote

I do regret my actions.

Really? Or do you simply regret being caught? Have a think about that one and begin by asking yourself whether you would show similar regret had you not been caught.

It's very likely that TfL will eventually get to the bottom of this. In the meantime your gran and brother will no doubt face further questions from them. If you are prosecuted, the matter will be dealt with by way of a fine (plus a 40% "Victim Surcharge",  prosecution costs and compensation for unpaid fares) and since it will probably be prosecuted under a TfL bylaw, it will be a "non-recordable" offence. Only if they decide to prosecute you for Fraud should it have any repercussions. But even if it does, you must decide whether you want to face those consequences without your gran and brother being subject to any further intrusive enquiries.

 

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Of course, I regret using it. I was given the pass by my mother to save some money. We come from a low-income background. I feel very remorseful. 

I am not quite articulating myself very well.

But I am in a position of not knowing what to do.

I am TERRIFIED of getting it put on my record.

Edited by laylaxtfl
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If i get caught later on... Will the repercussions be worse? nine times out of 10 from what I have read they are most likely going to take me to court whether I fess up now or later.

I want to say thanks to everyone for replying to this thread quickly. I appreciate it a lot.

Edited by laylaxtfl
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10 minutes ago, laylaxtfl said:

If i get caught later on...

Mind me asking, what does this mean?

And don't take this as encouragement at all, but can your gran, brother prove if they were elsewhere at the time? Which will obviously be logged.

Be aware, though, that if they can, that will force them to suspect there's someone close enough to both who had similar access. And if your name comes up well after the opportunity to mitigate was available, that opportunity will almost certainly have passed. Now is the time for honesty,  not some point in the future when it's forced on you.

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1 hour ago, laylaxtfl said:

I am TERRIFIED of getting it put on my record.

I suspect that is the main driver for your remorse. However, no matter.

As you know, Freedom Passes are provided free and are essentially financed by the taxpayer. As well as that, they are very valuable, providing free travel on most transport right across London and beyond. For that reason, TfL tend to treat misuse of a them very seriously and they rarely offer out of court disposals. When they eventually get to the bottom of this (as I'm fairly sure they will) the fact that you provided false details will, in my view, put any slim chance that there might have been of an out of court offer completely off the table.

If TfL do finally track you down I think there is very little chance of you avoiding court action. Only you can decide whether to come clean with TfL or let matters lie, in the hope that they do not discover your identity. If you do opt for that strategy I think your Gran and brother can look forward to some more close questioning. Your choice.

 

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Hi Laylax, 

I'm afraid I don't really have much advice to offer rather than saying you are not alone on this. A very close friend of mine, (almost a brotha from anotha mutha, you could say), gave me his Veterans Oyster Card last month since he was moving to Spain. I politely accepted but have never used it because it's a photo card and because I've read about TFL's proclivity to come down hard on any abuses. It's in my drawer at home, and there it shall remain!

However, I understand what you're saying about - "could it be any worse if I 'fess up now, or get caught later?" - I don't know but beyond the moral argument some might make here, I'd be interested to know that too! You MIGHT get away with it if the gods smile on you, and their CCTV wasn't working at any of the gates you used, presuming you used it more than once?

It could be they've got bigger fish to fry due to the complicated nature of personally tracking you down. How about asking your Gran to tell TFL she dropped it in her purse months ago, due to old age. Didn't report the dropped purse for fear of looking old/embarrassed there was only £10 in the purse and no bank cards, etc.

Someone could've picked the purse up and used it? 

Just saying. 

We need more medical students in the world and less keyboard warriors.

 

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oh great add another lie into the mix. not a good idea.

for how long have you been using the card @laylaxtfl?

how many uses roughly?

is there a pattern to the use?

as for the cctv, we've never seen them use their cctv for ID purposes.

not sure on the 'eventually get caught' bit... hope you are not intending  to use it again if she ever gets it back.

what date is on their 1st letter? they have 6mts to get somewhere after which, unless its of a very serious nature, they usually will give up.

dx

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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Quite so HB,

I was simply saying in the ultimate reckoning of things, with all the horror that's going on in the world right now -  is it better that they "get away" with it and continue their medical career to potentially be a doctor who saves thousands of lives ; or gets prosecuted for something I considered doing myself on balance of good long term vs short term wrong, and spends their life with a conviction limiting their careers to claiming benefits and sat in bed all day commenting on CAG! ;) 

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1 hour ago, Man in the middle said:

If you do opt for that strategy I think your Gran and brother can look forward to some more close questioning. Your choice.

 

Under caution, of course, if only in writing.

You're right to emphasise the taxpayer element; it's a proviso in whatever (low or high!) funding that TfL receives from government that they do the utmost to protect it.

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1 hour ago, HaroldLloyd said:

We need more medical students in the world and less keyboard warriors.

 

🤦‍♂️

I don't think anyone on CAG would appreciate being called a keyboard warrior.

They're all volunteers. No wages. Devoting what time they can afford.

To help others: sometimes the advice is positive, sometimes... less so.

These issues are still important to those who raise them here, and I'm sure they appreciate all the help they can get.

Even amid 'all the horror that's going on in the world right now'.

Edited by Grotesque
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their thread history is interesting...

please help me on a credit card debt.....35mins later....anyone...

 

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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