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Stigy

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Stigy last won the day on May 14 2016

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About Stigy

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  1. A recordable offence is one that is recorded on the Police National Computer (PNC). Those offences listed on DBS checks tend to be recordable offences, as the DBS generally use the PNC when checking an applicant's history. There have been occasions however whereby non-recordable convictions have shown up on DBS checks, presumably from court records? I would say that unless this is an offence of dishonesty, it's unlikely to be recordable, as most offences relating to travel are non-recordable.
  2. Buses aren’t my forte I’m afraid, however since it’s a Single Justice Procedure, it would suggest these regulations are on a par with Byelaws, and thus non-recordable. the Single Justice Procedure notice isn’t the offence, just to clarify. That’s what is used these days to prosecute more minor offences in order to bring a matter to court without having a prosecutor attend etc.
  3. You were of course quite within your rights to ask questions with regard to the member of staff’s authority over you etc, and all you legally have to supply is your name and address. It sounds as though he thought you were being difficult? This doesn’t help your case of course, but that’s how it sounded Reading your post. I suggest awaiting any correspondence from the train operator and go from there. You mentioned you were read your rights, or words to that effect? You were cautioned, but it sounds like you chose not to answer any questions. This is of course your right, but in refusing to answer questions, you can’t really submit any defence for your actions should the matter go to court. That’s the whole idea of the caution. reading your post, it sounds like you want to hold your hands up anyway, so is and when a letter does arrive, I’d suggest a ‘damage limitation’ approach and send the default grovelling reply asking to meet their reasonable admin charges to keep the matter out of court.
  4. You really don’t get it, do you? I have offered you experience based advice, I just haven’t spoon fed you. If you want it in black and white, then yes, I have heard of people appealing and having their PFs withdrawn. How does that help you though? That’s a rhetorical questions. Telling you about the fact that should the matter go to court, it would be a criminal matter, as far as I’m concerned is more beneficial, as you indicated you’d fight it at court as long as it remained civil. regarding your attitude; You just come across as an entitled snowflake to be honest. I’ve bulleted it nonetheless though - • Tarring staff with the same brush, indicating that the job of an RPI attracts bullies, isn’t helpful and is frankly untrue. • The need to put things in quotes, indicating that something is my view and not the truth, is a poor and uninformed assumption • The lack of a simple, “thanks” or “cheers for your help” after even my first reply, is bad mannered. • the fact that in your initial post here you have simply assumed the PF would be written off, again hints at you inability to listen to reason and an over all attitude. • The fact that I’ve found it necessary to spend 20-minutes writing these bullet points. A couple of final thoughts; I know full well some staff are unprofessional and frankly should not be in the job, but we should tar everybody with the same brush. I’d say 90% of the posts I’ve seen of this nature indicate staff were rude and aggressive, and that percentage simply doesn’t ring true. I will advise never to start an appear off in this way, as it looks like excuses...and... I don’t write anything I THINK I know. I only write about what I ACTUALLY know about. And no, the staff member wasn’t me
  5. So you come here for advice, and expect people independent of the industry to help you? That’s not how it works. You should expect people to tell you the truth here and not simply tell you what you want to hear. All I’m guilty of here is actually trying to help you, in a realistic approach. If you’re blinkered by what your daughter has said, that’s your problem as far as I’m concerned. Rather than getting on your high horse, how about a “thanks for your help”? It’s common courtesy to acknowledge somebody when they’ve advised you, not just get on the back foot. It now becomes ever more evident that this issue here probably wasn’t the member of staff, if your daughter’s attitude is anything like yours. I don’t get paid to be here, I’m doing this in my own time because I like to help where I can. Most people appreciate it. You’re welcome, by the way.
  6. Handled differently in comparison to who? Which aspect of the staff member’s attitude reduced your daughter to tears? I’m not a revenue inspector but I deal with everyone consistently, whilst also applying an amount of discretion where required. Would your daughter have been dealt with in this way with me dealing with her? Maybe, but I wasn’t there so can’t say for sure (although I don’t issue PFs I report people for offences). The penalty amount I believe is the latter, £80 or £40 within 2-weeks these days.
  7. If your daughter appeals and loses (I say your daughter because it’s her responsibility as an adult), she will need to pay the amount due. If this remains unpaid, the notice will be cancelled and it will go to court. However this will be under the original Byelaw (18(2) more than likely) which is a strict liability matter, meaning there’s no real defence to it. This is a criminal matter so won’t be kept ‘civil’ as the PF was initially. I would be very careful how you broach this, as you weren’t there. You’re quick to criticise the staff member and to be honest all revenue staff by saying they’re typically ‘bullies’, but not only is that an uneducated and unfounded assumption made by you, it won’t do you any favours having this attitude when complaining. Don’t tar all staff with the same brush. I don’t know what you do for a living, but if I insinuated you were a bully, I’m sure you’d take umbrage. You’re also stating these occurrences as fact when, again, you weren’t there. There’s good and bad in all walks of life.
  8. Hi, Bearing in mind the requirement to hold a ticket (or Oyster Card in your daughter’s case) hasn’t been met (technically), the Penalty Fare Notice was correctly issued. The whole ethos behind Byelaw 18 is that it sets the requirement to buy a ticket before travelling, and/or be able to produce a ticket on demand. The fact that one cannot produce a ticket may well be that they have lost said ticket, or it may be that they ‘lent it’ to a mate to use. I have a couple of questions here; 1. How old is your daughter? 2. In what way did the member of staff ‘read her the riot act’ and subsequently have your daughter in tears? The fact remains here that the notice appears to have been issued in-line with the set down policies etc. It’s worth noting that the Penalty Fare is a means of disposing of a matter by way of few, and is a civil remedy for an otherwise criminal matter. Your daughter had committed an offence, albeit unwittingly or so it seems. This was the most appropriate course of action. If the member of staff thought she was deliberately out to defraud them, she’d have been reported and potentially be looking as a Magistrates’ Court Simmons (assuming she’s old enough). So to Summarise; By all means appeal the notice, and I’d never dissuade anyone from doing so as it’s their right. However, bear in mind that irrespective if you have proof the card was tapped in at the start of a journey, it doesn’t Prove that the card was in your daughter’s pocession. complain to TfL if you wish too of course, but you’ll need specifics other than ‘she was read the riot act’.
  9. As has been said, the DoB alone won’t get you off this one. If you’re saying it wasn’t you, that’s another matter. But it was you, so you’d be lying. Appeal anyway if you believe you have been hard done by, or believe the notice shouldn’t have been issued, you have nothing to lose. Unfortunately though, you’ll likely not win an appeal purely based on a gesture of goodwill.
  10. Indeed. In this day and age too, it’s unlikely you’ll be required to even produce any documents to the police. We live in an electronic age, where all documents are readily available to the police before they even stop you from the like of the Motor Insurance Bureu and DVLA. Can’t remember the last time I had an insurance certificate....it’s on my ‘portal’ these days lol. In fact, the police will most likely not even ask for one at the roadside because they’re not worth the paper they’re printed on. Anyway, I digress. My Driving Licence is in my wallet....I just assumed that was the norm (I must add, my wallet is naturally kept in the glovebox)
  11. All of the above is of course good advice. I’d imagine the case will be closed pretty quickly if you follow all the steps provided. I would also consider providing them with your full description, because the RPI would have taken your impersonator’s description at the time, which may in itself close the case quite quickly depending on a) how thorough it was and/or b) how much you differ from the person who used your details physically.
  12. Hi, their investigation is in to your circumstances not your friend’s. Where it is possible the address would flag up if you’ve mentioned your friend, unless TfL have his card, there’s no real evidence to suggest any wrongdoing on anybody else’s part. This has obviously got to the stage whereby they’re considering a court summons, so I’m assuming you were thoroughly investigated and questioned under caution? The compensation here may be taken in to account on a day by day, journey by journey basis, assuming you were questioned on individual journeys. Otherwise I’d imagine they’d be seeking to get the cost of the full priced travel card out of you. This will prove costly either way, as you’ve made it necessary for TfL to pile loads of time, money and resources in tonthis case no doubt, so don’t be surprised IF they consider a settlement, for it to be a hefty amount (don’t want to pluck a figure out of thin air, but to be, it sounds likely it’ll be a four figure sum?). TfL historically take a hardline one Oyster misuse, so I wouldn’t like to guess your chances of appealing to their kinder side.
  13. I'd usually urge anybody to appeal as they have nothing to lose (however I appreciate that ship has all but sailed now anyway). However, as Honeybee has said, the whole idea behind having to produce the ticket itself rather than the receipt, is that tickets are non-transferable, and anybody could have been using your ticket. That unfortunately means the Penalty Fare Notice was correctly issued. I'm not judge and jury, however In this situation too, I'm reluctant to urge you to appeal, because you just seemed to want to pull a fast one anyway, and to be fair, got off quite likely. Bohemian23 won't be in any other bother as the matter has been dealt with. If it hadn't been paid in full, theoretically the train company could cancel the Penalty Fare and progress the matter to court if new evidence had come to light, but I've never known this to happen.
  14. You too, honeybee! and yes, love the new look site. Wasn’t sure if it was actually new or just that I’ve not been here for ages lol.
  15. Hi Dx, thanks...It's been a while. I'm back and ready to help where I can. can't believe it's been so long since I swung by! Anyway, I digress. Good to be back .
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