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Comments

  • tenchy
    tenchy Posts: 486 Forumite
    Part of the Furniture 100 Posts
    WHo will say it is civil

    Trading standards would be a better bet.


    Yes, I'm guessing the police will try and wriggle out of doing anything. Funny how they find time to prosecute some geezer in Wales who had a golliwog in his upstairs window though.
  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I think a lot of the issues with by-laws and railway land is down to the way the rail industry (and other industries) was privatised. If the government(s) at the time had said "you're going alone as a private entity so it is not appropriate for you to have the benefit of laws (including by-laws) put in place for a nationalised state industry. So we'll be repealing them and you'll have to rely on civil remedies for everything from fare dodging to parking issues" then everything would have been much simpler.
  • jrc123
    jrc123 Posts: 280 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    so the byelaws stand?
  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    jrc123 wrote: »
    so the byelaws stand?

    There are still railway by-laws on the statute book if that is what you mean, yes.
  • jrc123
    jrc123 Posts: 280 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    thanks Johno!

    If anyone has any comments on my defence that would be great - I would like to send this off soon incase I forget ha!
  • jrc123
    jrc123 Posts: 280 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    also should mention the original appeal where I stated I stopped when I was unwell , read the sign and drove off?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 6 April 2018 at 4:24PM
    jrc123 wrote: »
    I can do that after - I will be thinking of counterclaiming

    are you sure you mean this ? counter claiming for what exactly ? - you know there is a fee for this ?

    or do you mean you will be claiming your costs if you win ?

    2 totally different topics , the latter is the usual claim in civil court cases , a counter claim would mean you proving them to be in the wrong over something you can prove
  • jrc123
    jrc123 Posts: 280 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    HI Redx

    claiming I will be doing I read I can claim upto £95 plus travel plus parking etc.

    But I also read about making a claim after about taking my data? stress? being a con company?

    is this something I can do? or any posts relating to this?

    Did you manage to have a look at my defense?

    thanks
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 6 April 2018 at 4:49PM
    I do not give legal advice so make no comments on a defence apart from anything that is common sense or clearly incorrect (read my signature)

    the costs claim is ok and no fee required

    if you were to win this court case in court and eventually can prove a DPA breach via the ICO then you have 6 years to file a court claim , so not a counter-claim as such

    whilst there has been a lot of talk about doing this, we havent seen much evidence of people doing so and winning in court, time will tell

    I suggest you deal with this claim first and put in a costs order if you win, worry about a court claim for a DPA breach over the next 6.5 years, but only after you win this

    baby steps , dont reach for the moon and then get 2 feet in the air and dont claim to be the first to be able to turn water into wine by alchemy
  • jrc123
    jrc123 Posts: 280 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    Redx totally agree

    Will await any pointers from any forum members with defence advice.
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