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Never seen this used in court. And it still requires intent. Either the RORA or the Bylaws are usually used.
In the OP's case, it's a slam dunk under Bylaw 17; they no longer had a valid ticket as soon as the train left the contactless zone. As everyone, apart from the OP, seems to accept.
Mediation is a standard step in Civil Claims; you will normally be allocated a mediation session before being allocated a court date. It's a kind of "shuttle diplomacy" with a mediator on the phone who will go between the two parties and attempt to gain an agreement before fixing a court date...
I really don’t think there are any NDAs in play. In the TOC/PAX scenario, it’s basically the opposite of a typical NDA. Normally, a company or organisation pays someone to “buy their silence”, but in these cases, it’s the person who’s been caught who is handing over the money. Any attempt to...
It's good that you still had the PF details. Once you can provide the exact wording of the charge and the disposal information, the forum will better understand the potential next steps.
It’s fair to say that the original conviction was unjust. Boarding a train because the ticket machine was...
There are some serious errors in your approach at the moment, so please do not send or post any of your paperwork to the court or GTR as it is currently written.
Your 21-day deadline to submit the Statutory Declaration does not expire until 1st July, which means we have plenty of time to get...
Came back to my hometown after six months, walked out of the station and reached the main road, which I needed to cross to get into the town centre. I looked right, all clear, and then confidently walked straight into almost being hit by a car coming from the left.
Turns out they’d reversed...
And it's an advocate's job to, err, advocate. Sure, you can go DIY, but it's a little different to repainting the lounge. And the long-term implications can be a lot more than the wrong shade and a few splashes on the carpet.
Framing the risk around the use of AI itself misses the mark. Courts are not penalising the use of technology; they are penalising the failure of verification. In Ayinde v Haringey Council, the issue was that a representative presented fictional authorities without checking them. The court's...
It's worth pulling back for a second here because changing your personal context completely flips the strategy. The previous advice in the thread was geared towards someone with absolutely zero resources, where running down the clock was the only way to survive. If you actually have savings and...
Right now, your biggest asset is time. By lying low and waiting for the formal Letter Before Action to arrive, you are guaranteed at least a few weeks, or even months, of breathing space. Because you are currently on JSA and money is incredibly tight, you desperately need that extra time to...
@londontrainer, you’ve already received some great advice, especially about GWR being too late to take criminal action against you. Since your incident was two years ago, the six-month deadline for a criminal rail prosecution has passed. Now, this is only a civil breach of contract, which puts...
To get the journey removed, the OP had to ask GWR to amend the settlement total. The conversation effectively becomes:
OP: "Your data is incorrect regarding date X. Please remove it from the calculation."
GWR: "We have verified your proof and removed date X. The revised balance for the...
You have three options now, all with different risk/reward/peace of mind outcomes.
Ignore the email. GWR are out of time to prosecute under the Byelaws or RoRA due to the 6-month limit for those charges. A Fraud Act charge requires proving dishonesty, which they cannot do for an oversight where...
Unfortunately, the OP has already engaged and effectively admitted to a number of journeys, so there is little chance of the matter being dropped. If they had not engaged, the position may have been different.
Your successful engagement with GWR to have one journey removed is a significant development. The following advice assumes you have already been in contact with GWR.
By identifying the journey you could not have taken, you have effectively confirmed the accuracy of the remaining journeys. To a...
From the summons you have posted, the court has gone straight to listing a full trial, without a separate pre‑trial review or case‑management hearing in between. This is unfortunate, but it seems to be happening more and more as the goal is to resolve matters in courts with fewer hearings...
I think the next step is to see exactly what the court has sent you so we can be precise about what the June 10th appearance is listed as, and what the court expects you to have done before then. That will also help you avoid the risk of higher trial‑level costs if you later decide to change...
We are aware of an issue with emails from the Forum to Microsoft-based email accounts (hotmail/outlook/live.com email addresses). This is being looked into currently, thanks for your patience meanwhile.