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  1. DaveNewcastle

    NRCoC 5.2 defence

    When compared to other consumer products and services we come across, perhaps it is a little odd. Though I am inclined to agree with AlterEgo that non-transferrable agreements are more prevalent than you might expect. BUT, consider for a moment the consequences of 'liberalisation' of the...
  2. DaveNewcastle

    NRCoC 5.2 defence

    I'm well aware of that, though it is my experience that the vast majority of appeals (and JRs against failed appeals) also fail, and do so on sound reasoning. I will disagree with "Not infrequently". Justified criticism of lower Courts' decisions is infrequent; though is likely to receive more...
  3. DaveNewcastle

    NRCoC 5.2 defence

    . . . . such as a programme of dental work, or a life insurance policy, or a mobile phone contract, or . . . . That's right. The tickets aren't an exchangeable bill such as a currency note (which entitles payment to the bearer 'on demand') but is evidence of a contract - just one contract in the...
  4. DaveNewcastle

    NRCoC 5.2 defence

    I'm sorry that you must have missed it :- 'ill-informed' ; 'rhetoric' ; 'uninformed' ; 'lacking credibility' ; 'inflamatory' ; 'poorly understood'. Hope that helps.
  5. DaveNewcastle

    NRCoC 5.2 defence

    This sort of ill-informed rhetoric doesn't do this forum's reputation any favours. I regret that all you are highlighting here is your own uninformed analysis. Again, these opinions only undermine this forum's credibility. I guess you have your reasons for posting this inflamatory and poorly...
  6. DaveNewcastle

    Oldest law in effect?

    many criminal appeals have been brought in the hope of reducing the sentence. Many fail. Sometimes the Court finds that the original sentence was inappropriate, and INCREASE the term.
  7. DaveNewcastle

    Oldest law in effect?

    yes, though the canon of Common Law is, by its very nature of a living body in continuing evolution. Its also sometimes given a bit of an overhaul and brought up to date. For example . . . . the maze of Common Law relating to murder was consolidated and brought bang up to date by Sir Edward Coke...
  8. DaveNewcastle

    Required to buy peak ticket, when would normally have been off-peak due to disruption

    Please, may I strongly suggest that you seek legal assistance before taking that advice?
  9. DaveNewcastle

    NRCoC 5.2 defence

    These circumstances are remarkably similar to the facts in Great Northern Railway v Harrison (1854) 156 ER 489, with one small exception, and of course 160+ intervening years (not that there has been any other judgements about this issue in all that time that I'm aware of). Harrison was a...
  10. DaveNewcastle

    Adding 'new' facts to the intended charges in the Prosecution Letter

    uniqueusername, I agree with 30907's additional insight. I'm grateful to be corrected. Though I do believe that some expression of apology IS appropriate in your response.
  11. DaveNewcastle

    First East Coast (new Open Access Operator) to be standard class only?!

    Hmmm. The Parliament? The Courts? The City Council? The Government (Leith) ? The Universities? The Finance firms? The Law firms? The Conference venues? The Arts Council (Creative Scotland) ? The Banks? The design, IT and other creatives (Leith) ? The theatres ? And most of the professionals in...
  12. DaveNewcastle

    Adding 'new' facts to the intended charges in the Prosecution Letter

    No. I agree with najaB. The signature immediately after a statement is a long standing custom, adopted by the Police and others when taking Statements. Don't apologise for something that you didn't do (or don't think you did). Stick to the only fact that matters - the travel without a valid...
  13. DaveNewcastle

    Hattersley - Fixed Penalty Notice

    Unfortunately, it's not 'TOTAL nonsense'. Please see Corbyn v Saunders [1978] 1 WLR 400, in which the Court found that there had been an opportunity to pay and that he did not take that opportunity: "when passing the ticket collector at his final destination, the requisite intention to avoid...
  14. DaveNewcastle

    First East Coast (new Open Access Operator) to be standard class only?!

    The First East Coast offer will be a very attractive option to the many passengers who currently travel by Megabus, a service which runs 6 busses a day between Newcastle and London taking between 6 and 8 hours with ticket prices typically between £5 and £20. A significant proportion of those...
  15. DaveNewcastle

    Watford Junction on Travelcard

    The 'London Rail and Tube services map' might help you : http://content.tfl.gov.uk/london-rail-and-tube-services-map.pdf I hope you agree that this map makes it quite clear which stations are in which zones (though it's very messy in depicting the arrangements at Heathrow, and slightly...
  16. DaveNewcastle

    Adding 'new' facts to the intended charges in the Prosecution Letter

    I also agree with mikeg. You should treat this as a criminal investigation, that is, and investigation into a specific allegation. The outcome will depend on the facts of the alleged incident and on the law. Nothing else. Other incidents that do not appear in the allegation may remain unspoken...
  17. DaveNewcastle

    The Mayor of London's "Transport Strategy"

    The Transport Strategy covers all modes of transport but plenty about rail in the capital. The 'final version' is published today : https://www.london.gov.uk/moderngov/documents/b16916/Draft%20Transport%20Strategy%20Thursday%2008-Mar-2018%2010.00%20London%20Assembly%20Plenary.pdf?T=9 It...
  18. DaveNewcastle

    [Trivia] Longest regular coasts?

    There was a similar discussion only last month : "Train driver 'freewheels' broken down train 13 MILES to London Euston after a power cut" which led to a number of interesting responses. My own were that on the ECML there is a good downhill run for 10 miles from Potters Bar station (just before...
  19. DaveNewcastle

    Commuter slips under train at Bishops Stortford, loses both legs but survives (January 2013)

    That is the appropriate phrase to use. In this particular case, it was heard by a single Judge, but where there are 2, 3 or more Judges then it is not uncommon for dissenting views, so the phrase "I would" means what it says, which may NOT be be the view of the bench - it's the majority decision...
  20. DaveNewcastle

    Wife caught with Season Ticket

    I'm very grateful to you for your feedback, and delighted to learn of your outcome. It is sometimes hard to know how to aim advice on here, without the benefit of a good understanding of the 'client'/'guest'/'member' 's position and all of the facts. I believe it is my duty to explain the range...

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