Cautioned on First Capital Connect plz help

[2fedup]

On Monday I was cautioned Fist Capital Connect the guy took my details and said they would write to me...he did not give me any information as to which department or why he was doing this he just kept asking if I travel everyday.

OK I went from zone 3 into zone 2 and was stopped at zone 2, now this is not my usual route but I saw the train and jumped on in the belief that my ticket was valid. Well I thought my ticket was valid because couple of weeks ago I went into the station to see if I could get the train in to Kings Cross....there were inspectors at the gate and they scanned my Oystaer card and said fine go through. I went through and looked at the board, one train was cancelled and the other was delayed so I turned round and went to get the bus.

So Monday when I saw the train approaching I jumped on in the belief my ticket was valid. I got to the zone 2 stop and there were ticket inspectors there and they scanned my Oyster card and asked where I had come from and I said cricklewood, the guy asked me to step aside and I asked why he said cricklewood was zone 3 to which I explained that an inspector had checked my ticket previously in that station and had let me go through as such I believed that my card was valid.

The guy asked for my name etc and asked for my oyster card which I gave him, he asked what I had in my ticket wallet I said receipts and scrap he said he wanted to see the receipts and I asked why he said I had to show him, I said some of them were personal receipts he then started to caution me again I asked him why he was doing that and should he not explain the process of what was happening to me...I was getting a bit apprehensive now so i said is it the receipts you want so took out my oyster card receipts and other personal receipts and gave them to him and he stuided each one of them. Why?????

A colleague of his went by and said penalty to which he said something I could not make out and the colleague shrugged his shoulder and went off. Again I asked him to explain what was going on. nothing

He then said to me do I travel everyday, I said yes I do and he started to write things down how many times a week I said I dont know I dont keep count, he then scanned my card and said oh you went to elephant and castle yesterday you used the train I said how do you know he showed me on the scanner, he said I can check where ever you go, I said no I did not use the train, I used the under ground and he argued that I used the train surely the scanner should tell them which mode of transport I used....I finally had to tell him that first capital was not working Sunday so I could not have used it...and the only reason I know this was that a couple asked me at the bus stop which bus would get them to where they were going and they told me the train was not working.

Again I asked him to explain what was going on he did not say anything kept asking me questions on how may trips I make, I was truly lost and confused at this stage as I did not know what was happening, I even tried to ask a Police officer walking by to explain he just pointed to the guard.

WHen I left I was a bit dazed and confused all he said was that they will write to me...who will write to me??? When I got to work I told my boss who used to work at TFL, he said first of all he should have explained who he was and why he was cautioning you and show you a valid ID. Secondly he had no right to or look at your receipts, thirdly he his not allowed to check past journeys, he can only check todays journey, everything else comes under data protection. So I called first capital connect and spoke to a customer relations officer and he agreed with the first & 2nd as stated by my boss, but he did not know anything about data protection and ccould not answer, but he gave me the number of their prosecution service. I called the prosecution service and they said it could take 14 days to show up on their system, I said I would be away around that time and did not want to miss the letter, he asked me if I had money to pay the transport & the fine at the time I said yes he asked if the guy has asked me that I said yes, he said I should write in and put that in the letter..and send it in.

OK SORRY FOR THE LONG POST, but how do I write the letter yes I now know that the station is in zone 3 and should not have relied on the station inspector who had let me through thereby afirming what I believed that I could use my travel card in that zone.

PLease help me construct the letter and stop it being a long rant, I dont want to contest I just want to pay the £20 fine and be done with it. Would it be worth attaching a cheque for £20 or more with the letter....any help would be appreciated. thx

[old_andrew2007]

bump

[mc661]

Hi
I work for FCC as an RPI and am wondering what has happened here. I think I know what has happened but I prefer to keep this via PM's as I believe personal information could be released.

Can you remember the description of the person that dealt with you.
Did you even see an ID badge?
Were they in Uniform.
Where were you stopped (what station).
The attitude of the person.
Were there loads of them or just two.
Were you even offered a penalty fare or part payment of a penalty fare. (If you were even suggested a penalty fare and you were willing to pay it then they have broken several rules and cannot 'do you' for intent to avoid.)

Let me know.

[sickasaparrotcanbe]

I have just come back from holiday to find that my housemate picked up my Oyster card wallet with my FCC season ticket in it instead of his own wallet with the day ticket. He had just bought a ticket and then rushed back home having forgotten something and in my hurry to get out of the house to the airport and his hurry we picked up the wrong wallets (he put his card down next to mine as he came in apparently).

He then got his ticket inspected, but it was not his ticket! It got worse as my season ticket with 10 months left to run was confiscated and now I am really worried that I will never get it back having read these forums! He was told he was going to be sent to court but is waiting for the letter from FCC.

I have no idea what to do, I only ever read that FCC Revenue and Prosecution people are very scary, but surely if there is a genuine error they look at it more sympathetically, they are human after all? But I am freaked that they treat everyone as criminals and this will be a nightmare...

He now has his day ticket back as I got home with it this weekend, so he can send it in, but I am hoping someone has some knowledge of how to proceed to get my season ticket back if that is even possible, who do I write to or call? I tried FCC Customer Care who were sympathetic but could not help me as it was a 'prosecution matter'....

He admitted he was wrong not to check the ticket so is under no illusion that he created an offence, but that does not help me!

Anyone who has any advice would be great! I cannot afford to lose my season ticket.

[mc661]

Hmm, i've heard of this before in a different situation.

How much do you like your house mate is how you proceed.
Of course you could claim your house mate nicked it and you suffered because of his theft, but don't expect to ever get on with them ever again.

I could give you the prosecutions number and address but there is no point until you get the letter from them as it wont have been assigned a case number (database number) and they'll wonder how the hell you got the number.

Was the season a monthly or longer? If so did you give your details when you purchased it?
You could go to the ticket office, claim you've lost it and get a replacement (cough at your risk if caught cough).

Most cases FCC dont go to court (it costs them too much in fees), but if you really want to screw them over, both you and your flat mate go to court. Get your flat mate to call you as a witness and state you live together and it was an easy mistake to pick up the wrong ticket. you do still have the original day ticket? If so keep it safe, clean, and unfaded as this will proove there was no intent to avoid payment and also screw up FCC case.

[sickasaparrotcanbe]

Thanks for the advice, I feel slightly better!

The season ticket was annual and I pay for it from a loan system my work has, so they will probably have a lot of details on a computer about me somewhere, so not sure that I want to risk any more problems with FCC, but I realistically cannot afford to pay for my season ticket loan AND buy another season ticket to replace the old one if I don't get it back, so you can understand I am totally freaked by the consequences of them keeping it out of some sense of duty and how long this could drag on for.

As it stands I am hoping it works out and am going to buy a weekly ticket tomorrow and hope that the credit card stands up to it and that FCC may see the human side and give me a break and refund me for these weekly tickets and give me my season ticket back.

There is no way I want to tell them my mate stole my ticket as he is only living with me temporarily as he just split with his g/f of 5 years! So he has enough strife and worry. This was almost the final straw to a bad few weeks.

He now has the original ticket, so he could go to court, but I think with everything else he is currently going through he hopes they will fine him and he can just pay it (even though he feels it is not his fault) and get his life back without this as a distraction.

Me, I just need my season ticket back and soon and go back to my quiet life!

[mc661]

In all honesty based on past cases that I've questioned/reported for, no body gets their tickets back. They are always used as evidence and then filed away.

I would suggest a phone call to [the number thats been PM'd to you] and ask to speak to the head of prosecutions and explain what's happened.
It does take a while for the paperwork from the inspector to get entered onto the database.

You wont get your weekly tickets money back, I can tell you that for a certainty.

[sickasaparrotcanbe]

Ouch!
Thanks for your help.
I will update this post for anyone else as I get more information.