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Recent content by island

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    TIR - failure to provide alternative format

    The focus with reasonable adjustments is overcoming the person's disability, not necessarily providing the exact type of adjustment they ask for. In this case, providing the contents of the TIR in an electronic format would be a valid adjustment; it does not necessarily have to be Braille. That...
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    Introduction of European Entry-Exit Scheme (EES)

    Irish citizens use the EU e-gates at Copenhagen airport, just like all other EU citizens. They are rolling out an iOS app that allows you to submit a photo of yourself and scan of your passport, alongside your verified GPS location, to verify departure in circumstances where it is not properly...
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    Delay Repay when the train is cancelled in advance

    DelayRepay is a form of compensation paid by the train company for its failure to perform the contract entered into. If you do not have a ticket you do not have a contract. If you buy a ticket after you know or ought to have known about the delay, then the existence of the delay is implied into...
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    Collective competition claim against Govia Thameslink Railway

    The NRCoT define what a TOC is and if they define Gatwick Express to be a TOC, then for the purpose of that agreement it is a TOC. The TSA and NRCoT are different agreements between different parties and are not to be read together.
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    Short faring issue - SWR Request for contact

    RPIs do not have an entitlement to be shown ID*, still less to photograph it. They can ask for it all they want but the only things they're legally entitled to are the passenger's name and address and, if they propose to issue a penalty fare in relation to travel on a National Rail service in...
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    Introduction of European Entry-Exit Scheme (EES)

    And many UK Ports of Entry don't have enough space for the resultant queues. I recently entered the EU through Amsterdam Airport where all machines were turned off, including for EU citizens, and EES was not in use. On exit at the same airport there were e-gates for adults with EU and selected...
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    Short faring issue - SWR Request for contact

    It's not illegal to purchase a ticket from Vauxhall to Waterloo. It's illegal to use it for a longer journey. Therefore you need to ignore the emails. They cannot prosecute you without any evidence of who travelled on the tickets. If you reply, you might end up giving them that evidence. You...
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    Claiming "incidental" expenses back from the railway after their scheduling decisions

    Indeed it is. You can also tell a train ticket seller before buying your ticket that you're getting a train to pick up your son from school and will incur a cost of £10. In the unlikely event the ticket seller accepts this stipulation, it would then form part of the contract. This assertion...
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    Forged railcard - international student

    Or a denied ETA – government policy is anyone with any conviction at all is barred from getting an ETA for 12 months.
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    Claiming "incidental" expenses back from the railway after their scheduling decisions

    You have a remedy for the train running the requisite number of minutes late in the form of (your choice of one of): DelayRepay; A claim for compensation at the rates mentioned in the NRCoT; A claim for a price reduction or repeat performance of the service under the Consumer Rights Act; or A...
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    Claiming "incidental" expenses back from the railway after their scheduling decisions

    This is necessary, but not sufficient. The case of Hadley v Baxendale sets out the requirements for claiming for a consequential loss. These include that the loss must be "of a kind which the defendant, when he made the contract, ought to have realised was not unlikely to result from the breach...
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    Did not evade fair. TOCs behaving like gangsters.

    It is important when you make statements such as this, that you make it clear you are expressing your opinion on how the rules should be so that readers do not inadvertently interpret them as an accurate statement of law and procedure. Prosecutors are not under a duty to "pursue any potential...
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    Off Peak Travelcard Validity during Peak

    on weekdays, for travel within the zones all off peak Travelcards are valid from 0930. Tickets discounted with a Two Together Railcard are invalid before 0930.
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    ScotRail to introduce £10 minimum fare for those not buying before boarding

    That is not at all arguable. Once a passenger has broken byelaw 18 by getting on without a ticket, byelaw 24 operates to allow an authorised person to require the passenger to leave the railway and remove them by force if necessary. In order for the above to be potentially arguable, there would...

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