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    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However there reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
    • Hi, From everything I've read about how EVRi handle mediation, and given I intend not to budge on my position, I am preparing for court. Having read the the full WS and court bundl @occysrazor kindly supplied, I am wondering what value adding the Jamie Bradbury v UPS Limited has?  Obviously this case was lost by the claimant and the ruling clearly goes against the Farooq case and more recently @occysrazor's.  Is the case to include it simply to showcase my argument as being well rounded? Interested in your opinions. Many thanks, Sam 
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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.
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      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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