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  1. DaveNewcastle

    Court fine and collection order

    That's correct. There is a strict time limit to making the Declaration and you should NOT delay. Yes, the Declaration doesn't have to be made in a Court - you can do it in any local solicitor's office, so no long journey is required, but you do have to do it soon. Please don't wait. As she told...
  2. DaveNewcastle

    Penalty Fare for not having enough Oyster PAYG credit on National Rail

    There has been a policy on TfL busses for a few years now, to permit 'one more journey' on an Oyster Card which has insufficient funds. I haven't seen much said about that policy recently, but perhaps it remains applicable - to busses. The same does not apply to TfL rail, and certainly does not...
  3. DaveNewcastle

    Will I be prosecuted?

    It is correct to advise that there is no point in phoning (which can be a frustratingly slow process, only to learn that it has been fruitless!). There are hundreds of incidents like this every day, and while some are trivial, are innocent, follow from random checks, etc., there are also many...
  4. DaveNewcastle

    Bylaws and disabled areas

    I don't know. Sorry. That data is not collected.
  5. DaveNewcastle

    Bylaws and disabled areas

    Consider Railway Byelaw 12 : "Safety instructions (1) An Operator may issue reasonable instructions relating to safety on any part of the railway by means of a notice on or near that part of the railway. No person shall, without good cause, disobey such notice. (2) An authorised person may, in...
  6. DaveNewcastle

    Challenge after out of court settlement?

    I'm going to make an assumption here, and that is that you've misunderstood the correspondence. An 'Out-of-Court Settlement' (OOC) is a mutual agreement. Two parties to a dispute who with to reach a resolution can carry on negotiating the terms of a settlement for as long as they wish. There is...
  7. DaveNewcastle

    Magistrates court summon rec’d

    . . . and I too urge you to do this. All too often the 2 parties to a dispute think they have reached an agreement, but forget that there is a third party: the state, in the form of the Court. If the case is still listed, then it goes ahead in your absence, and if the prosecution are there with...
  8. DaveNewcastle

    Fare Evasion - Wrong address

    Most Courts have now moved over to a faster process in which you simultaneously make the declaration, and are asked to enter a plea (Guilty or Not Guilty) of the offence for which you were previously found Guilty without your knowledge. There is no opportunity to negotiate with the Prosecution...
  9. DaveNewcastle

    Southern RPI check this morning

    The difficulty faced by Justices Matthews and Kennedy in Huffam was in the wording of Railway Byelaw No 2 as it was formulated at that time. It was the construction of the Byelaw which was found to be 'bad' on its face, and not the circumstances of the incident involving Huffam. His Offence was...
  10. DaveNewcastle

    Is this fare evasion or providing false information?

    The letter will specify the facts that have led to the investigation into your specific incident, in plain English (such as "that you boarded a train without a ticket authorising travel and with the intention of travelling without paying" or whatever the Inspector's report says about supplying a...
  11. DaveNewcastle

    URGENT: Cross country train without ticket

    Just to be clear, a person who travels by train in the UK without a ticket, and with the intention of travelling without a ticket, is at risk of being found Guilty of a Crime, with the potential for long-lasting implications for you for years to come. There are exceptions and circumstances that...
  12. DaveNewcastle

    Followed a mile from the station.

    This is a good question. Unfortunately, there has been some replies to your request which are factually incorrect and some which are are simply opinion based on no facts at all. I'm pleased to see that the correct position in law has been given by najaB, Fare-Cop and 221129. If I correctly...
  13. DaveNewcastle

    Hypothetical. Northern service which seems to be left in system by error

    I have. It appears to me that you and I have drawn a differing understanding of how the Courts are interpreting and applying the Act and its impact on existing Contract Law. So be it. I'm not sure why one would think of the Act as 'unfortunate'in this respect, nor why you consider a taxi fare...
  14. DaveNewcastle

    Network Rail Selling Railway Arches — Impact on Small Businesses

    There ARE clauses which (among a long list of conditions) require inspection access to the insides of the arches, that internal structures do not contact the arch, that the facade is sealed to the arch only within ca 200mms of the boundaries, and that essential access is assured.
  15. DaveNewcastle

    Hypothetical. Northern service which seems to be left in system by error

    This thread seems to be another opportunity for people to reply to a question with whatever pops into their head without doing any research to find the true answer. It really undermines the value of having this section of the forum, and I can't understand why people continually want to do that...
  16. DaveNewcastle

    court hearing for railway

    I should have added, that it is likely that the request for the adjournment came from the Prosecution, because, as I, najaB and FenMan suspect, the Railway Company suspects there may be a bigger loss in unpaid fares then the 2 incidents you've mentioned here, and they want more time to...
  17. DaveNewcastle

    court hearing for railway

    If this was the first time you had been found travelling without the proper ticket (and I know you've told us that it isn't), then because you have already pleaded Guilty, you would only go to the Court hearing to provide evidence of your income, so that the appropriate fine can be calculated...
  18. DaveNewcastle

    Unfair fare evasion prosecution

    We know what you are saying, but an investigator will not consider it as something that happened, but as something you did. Small but inportant distinctiion in law. A normal rate of progress - nothing can be deduced from this. No. That is uninformed speculation and technically, that circumstance...
  19. DaveNewcastle

    Carnet

    What really puts the standard of advice given on this forum in a bad light is the outrageous suggestion that it would help in the defence of the accused to instruct a Prosecutor instead of a Defence practitioner. Yes, we've all spoken from both sides at some point or other (even if it does...
  20. DaveNewcastle

    Friend's Name and Address used by Fare Dodger. Prosecuted.

    It's unfortunate that I hadn't seen this enquiry earlier. The advice from cuccir, Puffing_Devil and najaB is reliable. This MUST be handled by a law firm licensed in England (not Scotland) and there is NO POINT in choosing a firm who claims to specialise in Railway fare evasion. The reason for...

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