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Summons to Magistrate's court
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If this was a contractual parking scenario then the app failing could be seen as "frustration of contract". Not sure whether bylaws breaches could use the same argument.0
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twhitehousescat wrote: »the train co filed the claim at THERE local court , the train Co may well look after 100 stations , but they have one head office
I think the OP was responding to your question as to whether Royston has a court, NOT disputing your assertion as to why Nuneaton was chosen.0 -
Not necessarily
The magistrates courts do grant adjournments
The OP might consider using a solicitor to apply for one
Have to disagree
The OP has been summoned the magistrates will proceed in his or her absence
They wont grant an adjournment based on failure to appear!
Also the cost of a solicitor for a hearing will cost more then the cost of any penalty imposed by the bench0 -
BrownTrout wrote: »Have to disagree
The OP has been summoned the magistrates will proceed in his or her absence
They wont grant an adjournment based on failure to appear!
Also the cost of a solicitor for a hearing will cost more then the cost of any penalty imposed by the bench
they will do an adjournment for fail to appear
its also includes a taxi service , a police transit van with a cage in the back , normally booked for about 6am0 -
BrownTrout wrote: »Have to disagree
The OP has been summoned the magistrates will proceed in his or her absence
They wont grant an adjournment based on failure to appear!
Also the cost of a solicitor for a hearing will cost more then the cost of any penalty imposed by the bench
Of course they won't give you an adjournment for not turning up.
I didn't suggest that did I??0 -
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MadAboutFines wrote: »H"The driver parks in this station car park 3-4 times a week so not quite enough to pay for a weekly subscription. Instead, the driver pays via the app (now run by Saba) on a daily basis from the train which works 99% of the time. On these two occasions, there were issues with the app (wouldn't let the driver log in on the first occasion and froze with an error message on the second occasion) and so the driver did not pay that day."
I am not purposely avoiding the question or if the above looks misleading then it wasn't meant to be that way, the driver always pays but couldn't pay via the app on those two occasions and so did not pay. It is true that the app failing sounds like a weak excuse - if the driver had still been at the location they could have simply purchased a paper ticket, but the driver was on the train already like they always are when they pay via the app, so when that failed there was no other way to pay. This is what happened, not necessarily a claim to say it is a valid reason not to pay.0 -
You should have used the app later in the day & repeatedly tried until you were successful or called the helpline to pay by card. It's a pretty weak excuse to say that you tried on the train after parking the car then didn't bother trying again.
Completely right, it is weak. Tried for the whole train journey on both occasions (and uninstalled and re-installed the app because that has helped in the past) but it did not help this time. After that the usual chaotic working day arrived and it was forgotten. It would also be more sensible to just wait at the car park until the payment has gone through (it only takes a minute when it does work the other 99% of the time), so that 'emergency measures' can be taken if not, like purchasing a ticket from the machine!0 -
MadAboutFines wrote: »It would also be more sensible to just wait at the car park until the payment has gone through (it only takes a minute when it does work the other 99% of the time), so that 'emergency measures' can be taken if not, like purchasing a ticket from the machine!
Have to say if I was the judge that's how I would see it.0 -
It’s a funny sort of summons. A summons on complaint, which comes under the Magistrates ‘ civil jurisdiction. See Part 2, Magistrates’ Courts Act 1980, here:
https://www.legislation.gov.uk/ukpga/1980/43/contents
So it’s not a criminal prosecution. It’s an application for a civil order but they don’t say what.0
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