sailor sam
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Everything posted by sailor sam
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If your account is 100% correct and it was me, I would first of all contact the TOC concerned by telephone to report the incident and get their response. No doubt they will want you to write in a formal complaint which will kick start an investigation. Obviously you will need to provide some specific details such as the time you bought the ticket and as much of the conversation with the ticket office staff as possible. At the same time, I would indicate that the revenue inspector confiscated your ticket and indicated that you "would be hearing from them in the post". Basically you should give as much information in detail as you can and end your communication by saying that you would be seeking a full refund of the ticket purchased. If we take your account as read, than as far as i'm concerned, I would be fighting this all the way. I may also be inclined to seek face to face legal advice. It would be useful if you keep us posted.
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I too smell a rat. On-line insurance begins when you take it out in my experience. I'm pretty sure that you can even indicate exactly when you wish the policy to start. Having said that, the time will be indicated on the certificate when it's valid from and if the OP took it out on line, he should of been able to view the certificate which would enable him to check that he was insured. It maybe useful for the OP to scan his certificate, remove/obscure personal details and post it up.
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Court summons from tfl
sailor sam replied to Holoso's topic in Public transport (Trains, tubes and buses)
Thank you for updating the thread and pleased that you got a reasonable outcome. Think the thread can be closed. -
Once the engine is running, the battery "does not keep the engine running", the alternator then takes over of powering the electrics so I don't see any reason why you should'nt follow the advice already given. Obviously you make it clear to the seller that you will be driving the car back to him under his advice knowing the car has a fault. If you go down the alternative route by expecting/demanding the trader compensates you for the recovery fee, then I can see you ending up in a prolonged dispute. The same applies to rejecting the car at this stage. I am not suggesting that you do not have a possible case under the SOGA but it's far better than to compromise with the trader than have to resort in using the SOGA.
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I'm sticking to my comments and advice in posts #2 & #4 and this is solely based on the information that the OP is providing. I also think the circumstances are bizarre but if they are true, then I think the OP should make a formal complaint and actively pursue a full refund of his ticket. I certainly think he should not be paying any penalty. If however the true circumstances differ from the OP's version, then that is the OP's responsibility. We can only advise on the "facts" that we are presented with at the end of the day.
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Hmm, it does sound that there is quite a bit of mitigation here, even boarding on you making an official complaint. I too cannot see how the ticket seller could mistake Sheffield for Penzance! BTW, I wasn't suggesting that YOU intended to travel without a valid ticket, I was merely pointing out that there is a provision under the railway regs for such a charge to be bought. From what you have posted, I would be making an official complaint and demanding a refund for the ticket. I certainly would not be paying any penalty without having my day in court.
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I think you are partially correct F16. If the seller did not complete/send in the old V5 with the new keepers details on it, then the seller remains the RK thus responsible for the legal status of the car. However, I cannot imagine any reason why a seller would not relinquish his responsibilities for a car he no longer owns. Begs the question, has the new V5C got the correct information on it in terms of the OP's brother's address? One thing is for sure, the DVLA will start digging as soon as an application goes in to get the vehicle re-taxed. The fact that it hasn't been used will be irrelevant. It should of been SORNd if it was left un-taxed and un-insured.
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Obviously he must of had some reason to believe you had purchased the wrong ticket. It may help if you could tell us what ticket you purchased (child/adult/advanced/family etc) and what ticket you should of purchased. At this stage I would tend to agree that you were harshley treated which tends to suggest that there is more to the story. I believe that you could be charged for intending to travel without a valid ticket which means that you don't actually have to board the train to commit the "offence".
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I thought the OP said 11k miles? I must admit, that sounds too good to be true! Anyway, I agree with the above advice although I will point out 1 thing. The dealer seems to be suggesting that because you didn't take out an extended warranty, he dosn't have to repair. Well that's hog wash. A warranty is merely an extension of your statutory rights under the SOGA. If the fault was present at the point of sale, he has to repair it.
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Notice of Fine & Collection Order
sailor sam replied to CampingFan's topic in Public transport (Trains, tubes and buses)
I agree with DX. By your own admission you provided the wrong house number to the officer. I don't see what defense you can offer now. -
Is there a parrot in the house??
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Well i'm not convinced. I suggest the OP seeks face to face advice for clarification. My understanding is that parking charges are dealt with via the civil courts. I am assuming that this "excess charge" is for either not paying the correct parking fee or not paying at all.
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So can parking charges be recovered/dealt with under the RTRA 1984? I thought this act was for dealing with dangerous/inconsiderate parking, not parking charges.
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I would of thought that a sign alone which just shows "at any time" would mean nothing. However, if the sign is yellow with a clearway symbol on it, then that may be a different matter.
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If I was you, I would contact the court and ask them if the summons is genuine. As I said previously, I don't think there is any scope within the act to recover parking charges which have been a civil matter since the early 90's AFAIK. Basically I think they are trying to intimidate you into paying. They are using the wrong 'law' to 'prosecute' you. Please come back and tell us what the court says.
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On what charge have you been summons to appear for? AFAIK the RTRA 1984 cannot be used to enforce parking charges. It can only be used for traffic enforcement (i.e. if you park in a dangerous manner etc). http://www.racfoundation.org/assets/rac_foundation/content/downloadables/elliot%20-%20parking%20enforcement%20-%20main%20report%20-%2016082010.pdf
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Point taken but surely if the sign WAS facing the wrong way, the contravention would be flawed especially if it was dark and raining? However, it appears that the OP hasn't appealed on this basis so perhaps he should appeal again (if he still has the opportunity).
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Magistrates??? Are you sure?? Parking contraventions were de-criminalized some years ago so why is this being dealt with by a criminal court rather than a civil one? Even if it was a genuine local authority PCN it would be killed by an incorrect VRM and IT CANNOT BE RE-ISSUED later using photographic evidence. Plus, even if you didn't pay or respond, the matter would be referred to the Traffic Enforcement Centre which is based at the Northampton Court Centre. They would generate a civil recovery order which is enforced by bailiffs. There is no court hearing involved. Can we re-wind a bit... tell us where exactly the 'ticket' was issued and what it was for.
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If the VRM was recorded incorrectly, how did the 'ticket' find it's way to your address? Also, if all the information dosn't tally, how can they possibly succeed in winning? Your defense will surely be that their officer issued the 'ticket' to the wrong car. How far out is the VRM on the 'ticket' to what is recorded in their 'evidence'?
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Sorry, they are too small to give an opinion. It may help if you give the location so we can check street view. Did you include the fact the sign was facing the wrong way in your appeal? l
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AFAIK the CCTV must show the contravention so some signage will need to be captured. If you can, I would get out there and take photos of the signage asap. At least you could demonstrate that the signage isn't compliant at present. Personally I am surprised that the council have not accepted your appeal if the signage is 'defective'. At the end of the day, they should know that it has to be present, clear and positioned correctly to be enforceable.
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Hi and welcome to CAG. If you choose to take the matter to the adjudicator and lose, you would indeed lose the discount. But If the signage was facing the wrong way, then you should take it all the far PROVIDING you can show evidence that it was. If CCTV is available, you should have the right to view it.
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VW Wont pay for engine repair under warranty
sailor sam replied to Spinster's topic in Vehicle retailers and manufacturers
If the issue was reported within the warranty period but no successfully rectified before the warranty expires, then the issue should still be rectified under warranty. Basically the warranty claim clock starts ticking when you first report the fault, not when you purchase the car. Plus, as DX points out, the warranty is merely an extension of your statutory rights under the SOGA. It does not replace them. -
I take it then that you are/were the registered keeper of the car? And during the 7 months the car was "off the road", was it SORN'd?
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Hi and welcome to CAG. Your question cannot be answered on the information you have given. We would need to know the full circumstances of the case. Obviously for it to get to magistrates there must be a lot more that has gone on. In the meantime, I can tell you that for a car to be declared SORN'd, it must not be kept or used on a public road whether it is insured or not. It must be SORN'd if not taxed but not necessary if just not insured (although obviously it cannot be driven or kept on a road). It can be driven without tax/MOT to a pre-arranged MOT but MUST be insured to do so.
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