Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Cautioned on Southeastern Rail

    Hi,

    To start off, this thread isn't a "this is an outrage, how can they do this" rant. It's more a "what can I expect" as I don't really have a leg to stand on regarding what happened.

    Today I was cautioned for not buying a ticket. I didn't have any means of paying money on me, so I'm not aware that if I had, I could've paid off the revenue collector as it were. I've been given an MG11 Witness statement, and was told very aggressively, "you're going to court mate" by the collector. I understand that I am completely in the wrong, but everything about this guy, was well, utterly horrible. He called a police officer when I couldnt show ID to prove I was who I was saying I was, (I didn't have any photo ID, but I showed him an extensive pay slip i had in my bag, NI number, payroll number, address, phone number, etc, as well as my photocard for work confirming my employer and job title).

    Before I continue I'd like to re-emphasise the fact that I'm not seeking any sympathy, or any get out strategies for that matter. What I am worried about is the consequences. I go on holidayicon for 3 weeks in a weeks time. This worries me because of the possibility of letters being sent to me during this time, and possibly a 14 day replying period.

    Annoyingly, I've only ever fare evaded once before, in 2007, and was fined 20 pounds for this. It seems sods law that one's friends are at it all the time, and the one or 2 times i do it, I get caught. Again, it has no relevence in this situation, and has nothing to do with my case, but I'd thought I'd mention it.

    Some help and clarification as to what I can expect would be deeply, deeply appreciated.


  2. #2
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    Default Re: Cautioned on Southeastern Rail

    They will write to you (cant say when that will be) and ask you your version of events.
    Based upon the inspectors statement and what you say they will decided whether to prosecute you.
    A simple 'no ticket-no money' is pretty much guaranteed to end up in Court, its the same as theft in reality.
    They will probably fine you a weeks wages + costs (£100-£120) + the fare + £15 victim surcharge (govt fine tax).
    For a timely guilty plea the fine should be reduced by a third.
    You will receive a criminal record & any further prosecutions for fare evasion will see the fine increased drastically due to this conviction.


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    Default Re: Cautioned on Southeastern Rail

    SRPO is spot on of course, but if you want to understand the whole process have a look at this thread where I ran through a full explanation fom start to finish

    http://www.consumeractiongroup.co.uk...rail-fine.html

    I know not everyone reads every thread and you are concerned with your own admitted misdemeanour, but I didn't want to bore everyone by doing it all again.


  4. #4
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    Default Re: Cautioned on Southeastern Rail

    Many thanks for all the advice, I guess I'll have to see what turns up. From reading the other case you linked me to, as it's an open and shut case in terms of, they may ask for my version of events, I then simply plead guilty by letter, they send me a fine, I pay, etc?

    Furthermore, can anyone offer advice on how/how long I will need to declare the fare evasion as part of a criminal record. I don't know how it works at all so some advice would be very helpful,

    Many thanks



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE