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Advice please! Southeastern


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Hi all,

 

I've posted this on another forum, sorry if you're seeing this twice! but the more advice the better!

 

My flatmate has been an idiot,

but is so worried she is not sleeping or eating and i'd like to be able to calm her a bit.

 

 

Its a bit of a complex one this...

 

she lives in zone 4 (southeastern rail) travels to work in zone 4 (tube) and goes through zone 1.

She buys a zone 1-2 travelcard on an oyster.

 

 

She was caught at London bridge about a year ago,

interviewed under caution,

told to expect a letter.

Never heard from them.

 

 

Then about a week ago she was caught on board by an inspector who would have charged her £20 but she didn't have her card and only had a tenner.

 

 

He didnt ask for a part payment.

He said she would get a letter, and she did the day after.

 

 

It doesnt tell her what they are prosecuting her for, just for her version of events.

 

 

She is panicking as she doesn't even know how long she has been doing it.

. she thinks they will prosecute for fraud and ask for years worth of fares back.

 

 

Unlike some higher profile cases recently she doesnt have the money to settle....

Now this is where it becomes more complicated,

and i'm hoping for her its a tiny bit of light at the end of a deep dark tunnel...

 

She doesnt tap out at southestern station but she does at the other end.

It probably costs her £4 a day on her pay as you go.

 

 

she pays more than she would if just bought a 1-4 travelcard!!!

She says the reason is she is traumatised by the £46 and finds it more palatable to pay £33 and top up her payg daily.

 

 

Also if she works from home for a couple of days its not so much of a waste..

.i told you she is an idiot, but she is an honest one.

 

she knows she has broken the law by not having a valid ticket.

How far do you think they will go back?

Will they have records of all her historic top ups on the oyster and will they even care or take these into consideration when working out how much she owes?

 

Sorry this was so long, but i just don't know how to console her...

 

Thanks in advance!

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depends what they have asked her to comment on

 

 

what does it say she actually did wrong

word for word please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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depends what they have asked her to comment on

 

 

what does it say she actually did wrong

word for word please

 

It doesnt. It justs says there was an incident and would like her version of events. It doesnt mention any bylaws etc...

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They caught her without her oyster card if I understood correctly (or was it a credit card?) so she just need to give her version of events for that single journey without volunteering any other information.

She had her oyster. He queried why she hadnt tapped in. She said she forgot.

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It doesnt. It justs says there was an incident and would like her version of events. It doesnt mention any bylaws etc...

 

dx100 is absolutely right here

 

We would need to see the exact wording from the letter to be able to give any meaningful suggestion to help your friend

 

The TOC will not have sent a letter that says simply 'there was an incident'

 

It will specify the journey and time of that journey.

 

We don't need names & address nor date detail, your friend should remove any personal information, but it is essential to know what she is alleged to have done, what ticket she actually showed and what she told the inspector.

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Dear xxx

 

On xxx 2016 a person giving the above name and address was questioned by a member of rail staff with regard to an alleged incident on Southeastern railway. The matter has been provisionally authorized (spelt wrong!) for prosection.

 

Before I proceed further, I invite you to respond by completing in full the bottom section of this letter, making any comments about the incident on the reverse, and send it to the above address within seven days.

 

Failure to respond will lead to the matter being progressed without further notification.

 

It then asks for name/address/dob/phone/occupation and NI number.

 

She presented a zone 1-2 travelcard on an oyster, The oyster also had around £5 credit on it, but had not been touched in.

 

Many Thanks

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She should reply with her version of events for that journey and that journey alone.

She needs to be honest and apologise for the mistake.

If she was in a rush and didn't tap in she needs to say so, if she thought she didn't have enough prepay on her card she needs to say so.

One way or another she needs to come clean and maybe they won't look at the oyster history.

Anyway, a spelling mistake in the letter doesn't change its meaning or legality.

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