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« Reply #15 on: January 08, 2011, 18:06:13 » |
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I'm no legal expert but I guess FGW▸ as landowner could have an injunction served against anyone doing this or have them prosecuted for trespass?
FGW are put tenants in most cases, Network Rail are the Landlords |
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Starship just experienced what we call a rapid unscheduled disassembly, or a RUD, during ascent,”
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Phil
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« Reply #16 on: January 08, 2011, 22:26:25 » |
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Just out of interest, what's a "put tenant" - someone who's forcibly placed somewhere, perhaps? It's not a term I've previously come across, hence why it jumped out at me.
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SDS
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« Reply #17 on: January 08, 2011, 22:33:42 » |
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They can't. It's illegal to do so, and they know it. The only people who can issue byelaw tickets are the police, and payment has to be made through a magistrates court, not a private company.
Wrong in part. Any 'railway servant' that has been trained in the relevant area ( PACE» , RRA, RPFR, RA) can issue tickets for byelaw offences. What do you think RPI▸ 's are doing when they do a Byelaw 18 on you for no ticket? However it starts to get tricky which is why it rarely happens. Yes payment for any offences charged (and prosecuted) under the railway byelaws has to be made via a magistrates court. Anything else is an "out of court settlement". I would personally just ignore the 'invoice', and ignore any correspondence with them. The letters will get more and more threatening and they will 'threaten your credit rating blah blah'. They will just go away. Another matter, am I right in thinking the 'breach of contract' offence has to be laid before a magistrate within 6 months? |
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I do not work for FGW▸ and posts should not be assumed and do not imply they are statements, unless explicitly stated that they are, from any TOC▸ including First Great Western.
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JayMac
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« Reply #18 on: January 08, 2011, 22:49:11 » |
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Limitation is, I believe, 6 years for breach of contract.
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"Build a man a fire and he'll be warm for the rest of the day. Set a man on fire and he'll be warm for the rest of his life."
- Sir Terry Pratchett.
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SDS
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« Reply #19 on: January 08, 2011, 23:15:57 » |
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Limitation is, I believe, 6 years for breach of contract.
Ah cheers for the clarification. :-) |
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I do not work for FGW▸ and posts should not be assumed and do not imply they are statements, unless explicitly stated that they are, from any TOC▸ including First Great Western.
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« Reply #20 on: January 09, 2011, 08:57:34 » |
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Just out of interest, what's a "put tenant" - someone who's forcibly placed somewhere, perhaps? It's not a term I've previously come across, hence why it jumped out at me.
typo should have been 'but' |
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Starship just experienced what we call a rapid unscheduled disassembly, or a RUD, during ascent,”
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Commuter
Newbie
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« Reply #21 on: December 19, 2011, 21:58:39 » |
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Hi, I've been 'invoiced' by APCOA▸ for failing to buy a ticket at Silco Drive on Friday. I'm in the wrong, I forgot to phone in - it's age related!
I've read another post, but the replies were for an unfair invoice where the enquirer had paid. My question is, what's the situation re payment of the fine? It seems an excessive amount for a genuine error. I'm a repeat customer and registered on their phone-in system. Can I make a reasonable offer? Or question the work permit of the parking attendant? Does anybody have any experience to share? Or do I need to accept it was an 'out of luck' Friday?
Thanks for your help.
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johoare
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« Reply #22 on: December 20, 2011, 00:25:40 » |
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Hello and welcome to the forum.. It happened to me a while back and I just had no choice but to pay it.. I don't agree with the "fine" system though.. especially for those registered on the system and pay most days.. but we have to go with the rules I guess. unfair as they are
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JayMac
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« Reply #23 on: December 21, 2011, 13:25:19 » |
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If you think the invoice (most definitely not a fine) you have been sent is excessive then write to APCOA▸ making an offer to pay the parking fee owed for the time you were parked and a reasonable amount to cover administration. Enclose a cheque if you like. If they refuse that offer and continue to hound you with demands and threats then it is best to stick to your original offer or ignore. Private Parking Companies have very little legal basis for making excessive demands when car park rules are breached. Contract Law is their only real basis, and contracts must not contain penalty clauses that are too onerous on one party. If the contract is breached by either party, only actual losses should be claimed. Your case is a little different from those who get clobbered for, for example, overstaying by a few minutes or parking over a white line. That is why I suggest making an offer, as you do actually owe them the parking fee at least. ^80+ on top (which will rise with each subsequent demand) is excessive. Offer a reasonable (your definition of 'reasonable' is fine!) amount to cover APCOA's administration also. Finally, as I always say in these cases, I Am Not A Lawyer! If you are unsure then seek advice. Two good places to start are: http://www.moneysavingexpert.com/reclaim/private-parking-ticketshttp://forums.pepipoo.com/index.php?autocom=ibwiki&cmd=article&id=56 |
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"Build a man a fire and he'll be warm for the rest of the day. Set a man on fire and he'll be warm for the rest of his life."
- Sir Terry Pratchett.
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Commuter
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« Reply #24 on: December 30, 2011, 11:52:09 » |
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Many thanks to you both for your responses. The links are very useful and I have reviewed the information. With Christmas in the way I've left it too late to write a considered response, so have decided to pay up, but I will have the upper hand by never using their car park again. So they lose longer term.
Thanks and best wishes
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johoare
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« Reply #25 on: November 04, 2012, 22:17:45 » |
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Hopefully this is the right place for this post...
The entrance to Maidenhead station Silco Drice car park goes under the Marlow/Bourne End branch line.. so dips down... It has been, and still is, flooded to the point that a lot of (normal size) cars couldn't get to the car park (and indeed today after the overnight rain even the footpath is underwater if anyone did manage to park there they would have to paddle back to the station)...
I just wondered if anyone knows, before I start trying to get someone to sort it out, who is responsible for this bit of road?
The other two car parks are full by 7.30am so would be useful to sort this out..I am happy to do so but need to know where to start.. Thanks..
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JayMac
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« Reply #26 on: November 05, 2012, 16:16:35 » |
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It would appear from online maps that it is a public highway and not a private road so I would assume (dangerous, I know  ) that responsibility for maintenance lies with the highways dept. of your local authority. |
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"Build a man a fire and he'll be warm for the rest of the day. Set a man on fire and he'll be warm for the rest of his life."
- Sir Terry Pratchett.
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johoare
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« Reply #27 on: November 05, 2012, 22:06:44 » |
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Yeah I think so.. I was thinking I would ask the local government about it.. But something in the back of my mind tells me I've heard before it's not them.. Something to do with the traffic lights controlling traffic going under that bridge not working for the last 6 years or so after it flooded very badly..but I might be wrong..
Looking on the bright side.. either someone will sort the flooding out or if not I can park on the double yellow lines on that road ;-)
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Electric train
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« Reply #28 on: November 05, 2012, 22:23:25 » |
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Silco Drive is designated as a Private Road. Not sure who owns it Network Rail which I doubt, BRB‡ Residuary which if they did it is likely to have been handed to Crossrail ownership.
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Starship just experienced what we call a rapid unscheduled disassembly, or a RUD, during ascent,”
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johoare
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« Reply #29 on: November 05, 2012, 22:36:06 » |
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So if it is a private road.. does anyone know who controls the double yellow lines? And more importantly, making sure it's passable?
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