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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.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • 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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    • 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.

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Caught using Younger Sister's 11-15 Zip Card


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Hi all, 

I got caught using my sister's 11-15 zip oyster card by an officer straight after tapping in at a barrier. 

I explained to them that this was a complete accident as I had both cards in my holder, and only had my sister's oyster card because she asked me to check she had enough money on it for school the next day.

I received the attached email this week and have until Sunday to reply.

I have written this response as a draft, any feedback would be greatly appreciated!

Dear Investigations Appeals and Prosecutions Team,

I hope this email finds you well, I am writing in response to the incident on _. Firstly I would like to say thank you for your email and giving me the chance to explain my actions regarding case number _.

I do accept committing an offence, but as explained to the officer present, I tapped in using my sister's oyster card completely by accident. This is due to me having both cards in my holder and, when reaching the scanners, forgot to separate them, therefore by chance, charging my sister's card instead of mine. I wholly accept the fact that this was an error on my behalf.

I was distracted by the extreme amount of armed policing at the station and was surprised by the enforcement of a queue for the public to walk through a knife detector. This environment was honestly a shock to me and honestly made me feel quite intimidated, which may have been the cause in my lapse in concentration. I also had loud music playing from my headphones.

The only reason I was in possession of my sibling's Zip card was solely for the purpose of checking if it had enough money for her to use for school the next day, and not with the intention of using it for my journey.

Not only was I aware of the Metropolitan police officers at the station but it was obvious to me that there were also British Transport Police waiting on the other side of the entrance barriers, in fairly close proximity of the barriers, with large pop up posters displayed, therefore, in my honest opinion, it would not make any sense for me to risk using a different Oyster card to effectively try to save only £1.25.

When the officer pointed out my mistake, I fully cooperated with him and I suggested that I go back to the barrier and tap in again with the Oyster card I was intending to use. If I had noticed my mistake later on, I would have done the same thing in returning to barriers to tap in with the correct Oyster.

Technically, due to being stopped at the station entrance, before even reaching the platform or getting on any train, I did not use the unintended Oyster card for my journey. Not only was I charged correctly for tapping in and out with my intended card in the end, but my sister was also charged maximum fare for the mistake of me tapping it in at the station and had to pay an additional £10 for a replacement card.

I sincerely apologise for my mistake and any inconvenience it has caused you and the team, and have now taken measures to ensure that I will never make this same mistake again, including separating them into two different holders, as I understand the severity of this. I kindly request your understanding of the situation given the circumstances and thank you for taking the time to read this explanation.

Yours faithfully, 

 

TfL 1st letter.pdf

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we need to see what they are accusing you of

the scan you have put up is missing that part.

if you explanation is the truth then you probably wont even get a warning letter.

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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“I hope this email finds you well” seems to be a (new) recurring opening phrase. I don’t know if this is from ChatGPT, but I wouldn’t use such an informal opening.

They’ll check back (8 weeks usage?). If they don’t see a pattern of usage that suggests repeated use by you, you may well get let off with a warning.

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Hi dx and HB,

Thank you for your response. The part of the letter i cropped out simply says "Dear x, On xx/xx/xx you were reported to TfL for an offence ...", as I believe it is a general letter.

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It's true that TfL often phrase it like that but we weren't to know without seeing the start of the letter.

Could I just check, does it say 'an offence' or 'an offence/s' please? Also, is this the first time you've used the card?

HB

Illegitimi non carborundum

 

 

 

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Hi HB,

It says 'an offence(s)'.

Yes this is the first time,

however I am worried they will check the usage and think my sisters usage is mine because the journey I was stopped on was similar to some of the journeys she makes (living at the same address and going to central London), however at a completely different time to her normally.

She uses it during her school times and I tapped in after she had returned home and asked me to check it for her.

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She's only 15 and has no idea how to do that, I thought that since I was going to a station and returning home later that night it would just be less hassle for her if I checked it at a machine.

Should I mention this in my letter?

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I'm not sure, let's see if Bazza or dx have views on this.

My concern, putting myself in the position of the TfL investigations person looking at your situation, is that the bit about your sister may not be believable.

I've known 12 year olds who were far better at IT than I am so I find it surprising that your sister can't check her own card. Or that you couldn't show her what to do, or she couldn't go to a ticket office and ask.

Remember that TfL have seen all the excuses in the book many times, so I worry that this could lead things down a rabbit hole. See what the others think.

HB

 

Illegitimi non carborundum

 

 

 

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12 hours ago, BazzaS said:

“I hope this email finds you well” seems to be a (new) recurring opening phrase. I don’t know if this is from ChatGPT, but I wouldn’t use such an informal opening.

 

It reads like pure ChatGPT to me, Bazza. AI shouldn't be used in a letter to someone like TfL.

HB

Illegitimi non carborundum

 

 

 

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Thank you for your feedback.

I understand if you think that way but I must say wrote that entire letter without AI assistance and purely on my own.

Regarding why I put "I hope this email finds you well" is because in my personal experience I have heard it many times, but I will change that part if you both believe it sounds like ChatGPT.

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It's a business letter though, to someone you don't know.

I've written hundreds if not thousands of them and I would only consider a first sentence like that for someone I know very well. And even then...

HB

Illegitimi non carborundum

 

 

 

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TfL can 'think' what they like that your sisters journey's might be you, but that's not proof, so they won't.

you also obviously have your own card too, i would suggest 'these other journey's ' are blown out the water as there would be usage of your card on the same days.

TfL aren't monsters. 

simply write and tell them the truth IMHO what you are outlining here is perfect, just poorly worded. inc brief evidence as above . as its an email you can easily attach usage proof of you card.

pers i dont even think you'll get a warning letter.

 

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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Any mileage in being pro-active re: it being a one-off use?

The difference in patterns of usage may be obvious once highlighted.

Something along the lines if “I attach printouts of usage for both my sister’s card and mine, showing that although we both start our journeys at the same station (near our home), hers are always earlier,  corresponding to her school day, and those on my Oyster are later, which hopefully will reassure you that this was a one-off, using her card in error (as mentioned above), an error which I will be certain not to repeat”

 

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