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    • Thanks. In that case when it comes to preparing my court bundle I will remover the Bradbury v UPS case. And I agree, @occysrazor 's case is the strongest asset I have in defence. Hopefully the necessary literature will be available by the time of my court date.  
    • Some of this seems to hinge on him not being properly instructed by POL or their legal reps. He was said to be an independent expert but doesn't seem to have known that he should reveal all evidence he was aware of and not just the bits that suited Fujitsu/him. I know he asked for immunity from prosecution, is it still the case that Wyn Williams doesn't want to do this? The last I saw there was still a perjury ivestigation.
    • So I like a bit of fun with the horses and have a few profitable tipsters, when i make a profit i re-invest and try more, nice little way to work on the side. This site looked promising however after joining a Telegram group I was not at all happy with the service as it was completely dead.. a week went past... I thought it was brokedn (expecting 14 tips by now)... 2 weeks went passed.. a tip came in about something happening in a few weeks... the month was nearly up (£49 couldnt be recouped by these bets) I complained via email asking for a refund as it was not as advertised, website says 1-2 tips a day, i expected that.  There's no way i could recoup £49 a month on 1 or two tips.  I didnt get a reply. I tried again,  no reply. Ive then had to up the email wording to request Im now really not happy. I get a reply and it appears they agree a refund (this doesn't get processed) Fed up i send a notice before action letter. I then get various emails of a very unprofessional manner and one towards the end that sounds a bit like a threat. I would encourage others to be very cautious about this website and if that was a threat (I know where you live, i have your postcode)  It becomes a police matter.  Im sure, it is just a recording of my personal data so I cannot be allowed in the telegram group again. Either way, is there anything ive missed? Emails below in order.   On 22/05/2024 11:31,  wrote: Hi I havent had a response to my last two emails, and Im not getting what's displayed on the site (1-2 bets a day) Please can you process a refund as its not what I was expecting   Thanks   --------- From: info@premiumracingtips.com <info@premiumracingtips.com> Sent: 22 May 2024 12:17 To:  Subject: Re: REFUND   Hi X, Are you still in the private telegram group? Regards, Ash -- On 22/05/2024 12:21, I wrote: Hi Its all still logged in yes as per the day it was set up   thanks ---- From: info@premiumracingtips.com <info@premiumracingtips.com> Sent: 22 May 2024 12:25 To:  Subject: Re: REFUND   Hi X That is fine. When did you send the previous emails? This is Marc speaking here I run the service. So on the 1-2 bets per day, some days there are no selections because there is no value or information. It is impossible to make profit long term betting every single day. Did you get on Macduff 33/1 for the Derby? Regards, Marc ----- From: X Sent: 22 May 2024 12:41 To: info@premiumracingtips.com <info@premiumracingtips.com> Subject: Re: REFUND   Hi Marc, I sent a mail on the 16th initially then Monday this week to follow up.   Yes, Got a Derby tip through but nothing else in a week   Ive based this on needing £50 profit required to break even, so expecting 1-2 bets a day (sorry) , £2 average bet profit needed to make a small profit after the subscription fee, as a test then move up as confidence grows   I probably need a larger starting bank to benefit from this properly.   Thanks X ======================================== Then, no further correspondence received until almost a month later: ====================================== 17/06/2024 Good afternoon,   Further to my correspondence below I am notifying you of court proceedings.   If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. Court fees will be added to the final invoice adding £215 minimum to the refunded amount and this will affect your ability to get credit.   I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction. I look forward to your acknowledgement. Yours faithfully, X   ============== NOW i get a response! =============   Tuesday 18th/06 Evening X Firstly, I know the law (family member is a QC) so this legal jargon does not work with me. Secondly, you were already processed a pro rata refund on the 5th of June 2024. Sometimes this does not appear on the bank statement. The bank can find this with the Acquirer Reference Numbers (ARN) - 88888888888888888 Once the bank have confirmed this I would personally like an apology for the time you have wasted and the serious accusation. Regards, Marc =================================================== I was going to drop it at this point, throw it in my spam folder as a mistake in my judgement, lessons learned to do due diligence on such a company next time, however this then got my back up when a pestering follow up arrived: ==================================================   From: info@premiumracingtips.com <info@premiumracingtips.com> Sent: 20 June 2024 18:35 To:X Subject: Re: Notice Before action - Court proceedings   Hi X Still waiting on a response and an apology? Regards, Marc --------------------------- On 21/06/2024 09:11, X wrote:  I dont think you read the email correctly, so I will presume you misunderstood.   The only thing Im sorry about is using your service.    To recap:   You didn't respond to emails, of which I had to send multiple to get an ounce of attention You did not confirm any refund or ask to agree on pro-rata reduced refund You do not send out 1-2 tips a day as per your website (trade description act breach) And you seem to forget who is the customer here, you have been dismissive and non responsive and now asking for an apology??   My 14 day notice still stands, I am currently not satisfied with the response and a full refund is still outstanding.   This can be processed easily and without further waste of time. Please process this or send on your final response on this matter (letter of deadlock) so next steps can be taken.     ------------------------------------------------- Sun 23/06/2024 21:18 High importance You replied on Mon 24/06/2024 09:06 Evening X Thanks for another email. Payment has been refunded Acquirer Reference Number (ARN) 8888888888888888888 (altered for security) I am sending this again as you did not acknowledge you have received the refund. This was processed on the 5th of June 2024. Sometimes I have bad actors that join my service and try and defraud my business with similar tactics to what you are attempting. It's pretty embarrassing that you are attempting to defraud a business after you have already been refunded. Tells me a lot about your character. I advise you use this link - https://www.gamstop.co.uk/ Also, for future reference this is your postcode - xxx xxY ???  (altered for security) Regards, Ash -------------------------------------------- My final mail: --------------------------------   I do not agree with any of your statements, in order for fraud to occur something must be untrue. You have other unhappy customers, that's interesting to know.   I acknowledge a partial refund has been received for  £24.99  - so  £25 is still outstanding.  I do not agree to a pro rata refund for something I haven't received.   Thanks for the link, but it doesn't apply to me (unless that was an insult, if so, you're 'business' condones insults to customers?)     Thank you for acknowledging you also have my personal data on file. Under GDPR, I do not consent to you storing any of my personal data and this now must be deleted as well as anywhere it may have been shared.   Thank you  
    • He will be grilled thoroughly, however those above him as culpable.
    • Here is the start of the revised letter to IPC.  do not worry about repercussions from CPM they should have enough problems without  picking on you as well. particularly as they know the case against you is lost.   IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a  PCN on 8/3/24 which was sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar after receiving the Reminder on 16th April 2024. Despite being not the only motorist who has not received A Notice to keeper from CPM. that is not the reason for my complaint. The reason is that when I received the NTK as a result of the sar I noticed that it stated I had 28 days to pay their demand starting from the day after  the NTK was given.  As the NTK was deemed delivered on the 15th March 2024, the earliest the Reminder could have  been sent was the 13th April 2024 which was a Saturday. Yet not only was the Reminder sent a day early before the 28 day period had elapsed their Reminder averred that the 28 day period had elapsed. This is a serious breach of the Protection of Freedoms Act Schedule 4 S4 [4] 4)The right under this paragraph may only be exercised after the end of the period of 28 days beginning with the day on which the notice to keeper is given. It is also a breach of your own Code of Practice and calls into question their ability to obtain keeper details from the DVLA. I believe it is a breach of my GDPR . I assume that my CPM Reminder is not the only one that has breached the Act so as you will have to contact CPM and presumably the ICO and the DVLA  I will not be expecting a reply from you for 10 days. However I do hope that you can expedite the matter to avoid me complaining to the ICO and the DVLA.                                        Yours Sincerely  
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    • 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
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Caught with Childs 5-10yrs railcard


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I told them that it was an accident and that I used the oyster card as my debit card was lost.

However, they did an investigation and realised it was not a one off.

I have told them how remorseful I feel and how a criminal conviction would result in expulsion from my degree but they still want to take me to court.

I have received the court summons letter

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I (and other respondents) always advise “not getting caught in a lie”

it hardens their response. Why would they now believe protestations of remorse and “I won’t do it again” if they've already seen you'd lie and say it was a one-off when it wasn't.. 

You can try approaching the prosecutor on the day, but "I wouldn't hold my breath" …..

 

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No I have not. I will probably do that

How do I convince TFL it is not in the public interest to prosecute?

the last thing I want is a criminal conviction.

I have experienced a lot of self hatred for my action, I will never do it again.

But I just feel like no matter what I say TFL still wants to prosecute

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well we cant help you without information.

we need to SEE the org TfL Letter and your reply.

we also need to see the SJPN court forms upon WHAT you are ACTUALLY charged with

and if there is a TIC List requiring your signature next to each journey and how many journey's are on the list?

scan these upto ONE mass PDF read upload CAREFULLY.

if your 'lie' of lost card is included in the court docs within a written statements , i can't see you escaping a criminal conviction...sorry.

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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Not prosecuting in the public interest seems to be bandied about on forums frequented by students. I don't think I've ever seen a prosecution not go ahead because of that.

You would have to define why it isn't in the public interest to prosecute someone who isn't paying their way and is costing other travellers more. I can't think of a reason.

HB

Illegitimi non carborundum

 

 

 

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From what you’ve posted, it absolutely is in the public interest to prosecute.

You’ve fare evaded multiple times. Your reason for doing so is impecunity: but if they accept that as a valid reason they’d have to create a new scheme to allow free travel outside of the existing ones. So that’s mitigation rather than defence.

A conviction carries stigmata and inconvenience : but that is one of the downsides of committing an offence, and one of the reasons to prosecute is deterrence : so you saying it will affect you doesn’t make it not in the public interest to prosecute - it is in the public interest but just not in your interest ….

I come back to the fact that you haven’t really given TFL a reason not to prosecute, and (by being caught in a lie about it being once only) given them a reason to harden their attitude (even if they haven’t seen your comments here about lack of remorse / wishing “you’d just done a runner” .

Why shouldn’t they prosecute?

 

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I didnt tell them it was a one off.

I told them that the reason why I didnt use a valid pass the day I was caught was because my debit card was lost.

If it wasnt for my debit card being lost I was have paid for travel on that day

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16 minutes ago, hii said:

If it wasnt for my debit card being lost I was have paid for travel on that day

not a valid excuse.!!

what date did you lose you debit card?

On 19/04/2024 at 14:25, dx100uk said:

well we cant help you without information.

we need to SEE the org TfL Letter and your reply.

we also need to see the SJPN court forms upon WHAT you are ACTUALLY charged with

and if there is a TIC List requiring your signature next to each journey and how many journey's are on the list?

scan these upto ONE mass PDF read upload CAREFULLY.

if your 'lie' of lost card is included in the court docs within a written statements , i can't see you escaping a criminal conviction...sorry.

dx

and all the above please

 

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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On 19/04/2024 at 09:57, hii said:

I told them that it was an accident and that I used the oyster card as my debit card was lost.

However, they did an investigation and realised it was not a one off.

How many uses, over how long?

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so what excuse are you going to use when they find there is a pattern of your use of the childs card going back weeks/months before that day you gave that excuse.....

i knew i was going to lose my debit card in a few weeks/months time so i thought i'd start practicing my fraudulent use early?

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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