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Hi,
My nephew downloaded the official TFL app, and pre-paid the congestion charge before entering the zone, whilst driving his Mum's car.
He later received a penalty charge, and wasted hours of his life waiting to speak to, and then speaking to, moronic TFL staff, to whom he sent proof of the app download (evidenced by TFLs confirmation email), proof of payment via a screenshot from the app, and proof of payment via a copy of his bank statement.
They ignored him, and escalated the action. I sent their Northampton enforcement office, who were writing to my nephew personally, a letter of authority, signed by him, allowing me to act on his behalf, and a letter before action, telling them that it was totally incontrovertible that no offence had taken place, and that if they did not cancel down the charge, I would litigate.
They totally ignored me, sent the matter to Marstons bailiffs, and they imposed the increased amount on to my Sister, whose name is on the V5.
I called Marstons, as a courtesy, to explain the situation, but was met by the usual ignorance from a female staff member, who told me that they wouldn't talk to me without authorisation from my Sister. I told them that the enforcement company had been liaising directly with my nephew, and that my Sister was rightly refusing to take 10 nanoseconds out of her day to deal with something that has a) nothing to do with her, and b) where NO OFFENCE was committed.
Marstons told me 'tough bananas', and that they would go ahead with the enforcement action. I told Marstons that, despite their intimidation techniques, I know the law regarding their thuggery.
Bailffs are only allowed to enter private property for two reasons; one is to repossess the actual property, and the other is to access the utility meters.
I warned them that should they send anybody to my Sister's house, I have a crew that would deal with them physically (true, we've done it on three occasions before, and this is no problem, but it's utterly tedious). Knowing full well that the conversation was being recorded, when the girl from Marstons asked if I was threatening their staff, I replied, "No. This is a warning of self defence, and a right to protect the property against civil trespass, using force if necessary. The second your agents step onto my Sister's property, they will be repelled by proportional reciprocation, and the minimum force required, and allowed by law."
Now, I know this is all part of systemic fraud, and is practiced by a lot of authorities, i.e. send out [n] false penalty charges, rely on the fact that people will give up because of the hoops they are forced to jump through, and keep millions of pounds of fraudulently obtained money, when people cannot spare the time, or the expense of hiring a solicitor. It goes on everywhere, and is criminal, but they are sheltered from accusations with a distributed denial of responsibility.
Ok, what I would like to know, is precisely what tort TFL are guilty of? I don't know whether it falls under fraudulent/negligent mis-statement, and I've telephoned six solicitors today alone, all of whom aren't the slightest bit interested in the case. I can't keep spending hours on this, but that's *precisely* what these institutions rely on for their ill-gotten, criminally obtained, profits.
Please don't answer this if you're going to stray from the direct question; "What tort are TFL guilty of by pursuing an offence that has simply not been committed?"
Max
My nephew downloaded the official TFL app, and pre-paid the congestion charge before entering the zone, whilst driving his Mum's car.
He later received a penalty charge, and wasted hours of his life waiting to speak to, and then speaking to, moronic TFL staff, to whom he sent proof of the app download (evidenced by TFLs confirmation email), proof of payment via a screenshot from the app, and proof of payment via a copy of his bank statement.
They ignored him, and escalated the action. I sent their Northampton enforcement office, who were writing to my nephew personally, a letter of authority, signed by him, allowing me to act on his behalf, and a letter before action, telling them that it was totally incontrovertible that no offence had taken place, and that if they did not cancel down the charge, I would litigate.
They totally ignored me, sent the matter to Marstons bailiffs, and they imposed the increased amount on to my Sister, whose name is on the V5.
I called Marstons, as a courtesy, to explain the situation, but was met by the usual ignorance from a female staff member, who told me that they wouldn't talk to me without authorisation from my Sister. I told them that the enforcement company had been liaising directly with my nephew, and that my Sister was rightly refusing to take 10 nanoseconds out of her day to deal with something that has a) nothing to do with her, and b) where NO OFFENCE was committed.
Marstons told me 'tough bananas', and that they would go ahead with the enforcement action. I told Marstons that, despite their intimidation techniques, I know the law regarding their thuggery.
Bailffs are only allowed to enter private property for two reasons; one is to repossess the actual property, and the other is to access the utility meters.
I warned them that should they send anybody to my Sister's house, I have a crew that would deal with them physically (true, we've done it on three occasions before, and this is no problem, but it's utterly tedious). Knowing full well that the conversation was being recorded, when the girl from Marstons asked if I was threatening their staff, I replied, "No. This is a warning of self defence, and a right to protect the property against civil trespass, using force if necessary. The second your agents step onto my Sister's property, they will be repelled by proportional reciprocation, and the minimum force required, and allowed by law."
Now, I know this is all part of systemic fraud, and is practiced by a lot of authorities, i.e. send out [n] false penalty charges, rely on the fact that people will give up because of the hoops they are forced to jump through, and keep millions of pounds of fraudulently obtained money, when people cannot spare the time, or the expense of hiring a solicitor. It goes on everywhere, and is criminal, but they are sheltered from accusations with a distributed denial of responsibility.
Ok, what I would like to know, is precisely what tort TFL are guilty of? I don't know whether it falls under fraudulent/negligent mis-statement, and I've telephoned six solicitors today alone, all of whom aren't the slightest bit interested in the case. I can't keep spending hours on this, but that's *precisely* what these institutions rely on for their ill-gotten, criminally obtained, profits.
Please don't answer this if you're going to stray from the direct question; "What tort are TFL guilty of by pursuing an offence that has simply not been committed?"
Max
