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help required regarding TFL prosecution - **SETTLED BEFORE COURT **


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Thanks guys, Old-CodJA (amended) and King12345. If you put 'Without Prejudice' it will only confuse the Prosecution Manager, you would be sending mixed messages to him, then it's not a genuine letter of contrition.

 

sddxac you can send this if your happy with it, remember, there are no guarantees. Send it to him in the post, send it Special Delivery.

 

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Dear Mr. XXXXXXXXX,

 

On XXth XXXXXX 2014, an Inspector asked me to produce my ticket/card for the journey I had made. Unfortunately, on this occasion, I was unable to produce a valid ticket/card for inspection.

 

On the day of the incident, my wife told me that she felt very ill so I was very worried and concerned about her and wanted to see her as a matter of urgency, then I also had work commitments on that day too.

 

I can confirm, however, that I did purchase a new monthly top-up later on my Oyster Card, which would cover the whole of XXth XXXX 2014. I am confident that internal records you keep regarding my travel on TFL network using my Oyster Card will support this assertion.

 

Your internal records will show that I have a good top-up history (Oyster Card number XXXX) for journeys made on the TFL network over a number of years. Further, I can provide my top-up receipts for those years if requested.

 

That said, I fully accept that I appear to have breached a Regulation of Railways Act 1889, and understand, fully, that it is my responsibility to ensure that I produce on request a vaild ticket/card for my entire journey.

 

This incident has enabled me to fully appreciate the seriousness of failing to produce a valid ticket/card, and I sincerely apologise for the inconvenience I may have caused you.

 

I would like to thank TFL for the adjournment of the recent court date. I wrote to TFL numerous times on their request but TFL did not respond to my communications. This incident has disturbed my whole life over the last four months.

 

I would respectfully ask that in light of the above, this matter may be concluded by covering any reasonable administrative costs you may have incurred from my actions.

 

Yours sincerely,

 

Mr. XXXXXXXX

 

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I would just refer to 'The Regulation of Railways Act' and not any specific clause.

 

 

The Summons is very unlikely to be charging an offence against Section 5 (1), much more likely Section 5(3)(a), but just mentioning the Act is fine, leave out the clause reference.

 

I was charged for 5(3)(a). I can remove the caluse reference.

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Thanks guys, Old-CodJA (amended) and King12345. If you put 'Without Prejudice' it will only confuse the Prosecution Manager, you would be sending mixed messages to him, then it's not a genuine letter of contrition.

 

sddxac you can send this if your happy with it, remember, there are no guarantees. Send it to him in the post, send it Special Delivery.

 

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Dear Mr. XXXXXXXXX,

 

Your Reference:- XXXXXXXXXXXXXXXX

 

On XXth XXXXXX 2014, an Inspector asked me to produce my ticket/card for the journey I had made. Unfortunately, on this occasion, I was unable to produce a valid ticket/card for inspection.

 

On the day of the incident, my wife told me that she felt very ill so I was very worried and concerned about her and wanted to see her as a matter of urgency, then I also had work commitments on that day too.

 

I can confirm, however, that I did purchase a new monthly top-up later on my Oyster Card, which would cover the whole of XXth XXXX 2014. I am confident that internal records you keep regarding my travel on TFL network using my Oyster Card will support this assertion.

 

Your internal records will show that I have a good top-up history (Oyster Card number XXXX) for journeys made on the TFL network over a number of years. Further, I can provide my top-up receipts for those years if requested.

 

That said, I fully accept that I appear to have breached a Regulation of Railways Act 1889, and understand, fully, that it is my responsibility to ensure that I produce on request a vaild ticket/card for my entire journey.

 

This incident has enabled me to fully appreciate the seriousness of failing to produce a valid ticket/card, and I sincerely apologise for the inconvenience I may have caused you.

 

I would like to thank TFL for the adjournment of the recent court date. I wrote to TFL numerous times on their request but TFL did not respond to my communications. This incident has disturbed my whole life over the last four months.

 

I would respectfully ask that in light of the above, this matter may be concluded by covering any reasonable administrative costs you may have incurred from my actions.

 

Yours sincerely,

 

Mr. XXXXXXXX

 

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I can send by special delivery, shall I hand write this or print it out and sign? Do I need to email/call him to confirm that he has got the letter?

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You are sending the letter below, amend the XXXXXXXXX, send it Special Delivery. Print/sign. I would give him time to review it before chasing. You can check the signature to check they have received it.

 

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

Dear Mr. XXXXXXXXX,

 

Your Reference:- XXXXXXXXXXXXXXXX

 

On XXth XXXXXX 2014, an Inspector asked me to produce my ticket/card for the journey I had made. Unfortunately, on this occasion, I was unable to produce a valid ticket/card for inspection.

 

On the day of the incident, my wife told me that she felt very ill so I was very worried and concerned about her and wanted to see her as a matter of urgency, then I also had work commitments on that day too.

 

I can confirm, however, that I did purchase a new monthly top-up later on my Oyster Card, which would cover the whole of XXth XXXX 2014. I am confident that internal records you keep regarding my travel on TFL network using my Oyster Card will support this assertion.

 

Your internal records will show that I have a good top-up history (Oyster Card number XXXX) for journeys made on the TFL network over a number of years. Further, I can provide my top-up receipts for those years if requested.

 

That said, I fully accept that I appear to have breached a Regulation of Railways Act 1889, and understand, fully, that it is my responsibility to ensure that I produce on request a vaild ticket/card for my entire journey.

 

This incident has enabled me to fully appreciate the seriousness of failing to produce a valid ticket/card, and I sincerely apologise for the inconvenience I may have caused you.

 

I would like to thank TFL for the adjournment of the recent court date. I wrote to TFL numerous times on their request but TFL did not respond to my communications. This incident has disturbed my whole life over the last four months.

 

I would respectfully ask that in light of the above, this matter may be concluded by covering any reasonable administrative costs you may have incurred from my actions.

 

Yours sincerely,

 

Mr. XXXXXXXX

 

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You need to give RM time to update the system. Again TFL will need time to review the contents of your letter. Just wait.

 

letter posted by special delivery yday

and i can see receipt signature from the royalmail site now. Dont know what will happen next... when shall i contact tfl again?

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You can call them today, ask is it possible to settle the matter, don't go into anything else. Don't quote any figures, see what they say.

just called but got voice mail.Shall I leave voice and email him if still not able to reach him later?

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l left one voice mail earlier but got no reply so far. tried to call many times but his phone seems to be on voice mail for whole day today. Should I email him if i can not get any reply by end of today? Or call him again on Monday?

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Yes to both.

 

l left one voice mail earlier but got no reply so far. tried to call many times but his phone seems to be on voice mail for whole day today. Should I email him if i can not get any reply by end of today? Or call him again on Monday?
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"Having considered all the facts of this case, I do not feel disposed to settle this matter out of court and the case will proceed at court on 14 November.

 

 

A further communication outlining my reasons in detail will be sent separately

"

 

got email reply today. seem a No to settle out of court. what shall I do next?If i plead not guity on 13 Nov, the hearing will be rescheduled again? how much will the cost increase in such case?

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Your going to have to attend court. If everything you say is correct, this is 'harsh'. Lets see what his reasons are.

Ultimately you have to decide how to plead. If you check the forum, you can see the costs attached to cases.

One thing don't panic.

 

i will update here when i get. How about my questions in my last post?
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It can't do any harm, address it to the MD as previously. Tomorrow, get the prep done for going to court.

 

got out of office reply now when i ask for updates... the prosecution manager will be out until 13 nov. really dont like the way TFL works! should i complaim again?
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Your going to have to attend court. If everything you say is correct, this is 'harsh'. Lets see what his reasons are.

Ultimately you have to decide how to plead. If you check the forum, you can see the costs attached to cases.

One thing don't panic.

 

 

 

The Prosecutor is not obliged to give any reason for rejecting a request by the defendant to settle out of Court.

 

If the prosecutor has good evidence of an attempt to avoid payment of a fare, then prosecution under the legislation already specified (Sect.5(3)(a) RoRA) is justified and if the company wish to prosecute that offence it is their prerogative to do so.

 

As rebel has said, I would strongly suggest the OP should consider seeking qualified legal advice, or at the very least attend the next listed hearing on time and put their plea in person

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'A further communication outlining my reasons in detail will be sent separately', then he won't be in the office until 13th November.

 

Why say it if he's not going to do it?

 

 

The Prosecutor is not obliged to give any reason for rejecting a request by the defendant to settle out of Court.

 

If the prosecutor has good evidence of an attempt to avoid payment of a fare, then prosecution under the legislation already specified (Sect.5(3)(a) RoRA) is justified and if the company wish to prosecute that offence it is their prerogative to do so.

 

As rebel has said, I would strongly suggest the OP should consider seeking qualified legal advice, or at the very least attend the next listed hearing on time and put their plea in person

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