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About reckless.engineer

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  1. Wriggler, Old-Codja, As advised, we sent FCC a letter asking to settle out of court. Fortunately, they have said that they are prepared to settle in this case and now would like us to send them an offer. My question is, how much should we offer? Are they just trying to extract the maximum amount possible? They state that their costs are £130, which seems a little on the high side. I'm of the opinion that we should consider ourselves lucky that they aren't going to prosecute, but my wife feels that they're taking advantage. If we offer below the total of their costs and the ticket, will they then decide to continue with a prosecution, or would they simply ask us to offer more? Many thanks for your continued support.
  2. Old-Codja, Wriggler, We received a standard looking letter from FCC yesterday, stating that they intend to proceed with prosecution and requesting that we state our version of events. One point that we are unsure about is whether or not to say that she was allowed to borrow the season ticket. Do you know whether this would then land her father in trouble? Are FCC able to prosecute him if we stated that he allowed her to use it? He has already received a duplicate ticket, so I'm not sure what they could do? Together with the statement of facts, we will also send a letter asking to settle out of court. This will follow along the lines of Old-Codja's template, taking in to account the useful points made by Wriggler. Once again, your advice is greatly appreciated.
  3. Old Codja, You don't need to apologies for speaking frankly, there's a lot to be said for being direct - especially as you know what you're talking about! I agree with your point that we should try apologising ourselves in the first instance. In hindsight, this is clearly a more sensible idea than appointing a lawyer, especially as we are not appealing for leiniency based on a legal prescedent or technicality, but on her remorse. Once again, thank you for your timely advice - I will provide an update once we receive a letter from FCC.
  4. SkiesTheLimit, I'm glad to hear that you were able to avoid going to court. How did you manage to reach a settlement with the train operating company? Thanks.
  5. Wriggler, Old-Codja, Many thanks for the quick responses - it's good to have an idea of what to expect, rather than just waiting and worrying! If she receives a fine from the court, does that result in a criminal record or is it just a fine? Also, do you know how the train operating companies view letters from solicitors in these matters? I'm wondering whether it is worth engaging some legal assistance to try and avoid the matter going to court and resulting in a criminal record? Thanks again.
  6. Hello, My wife was staying with her parents over the weekend and, whilst she was there, decided to visit a friend in London. Her Dad has a FCC Season Ticket for travelling to work, and as he wasn't using it, she borrowed the ticket. A ticket inspector stopped her whilst on the train to London and asked if it was her ticket, she panicked and said yes. The inspector then took her name and address (she used her parents address) and called the office to check. The office confirmed that it was her Dad's ticket and so she then admitted that it wasn't her's. The inspector did not issue a fine, but took her details and said that the prosecution team would contact her. After reading the other posts on the forum, we are now shocked that she could end up with a criminal record. Although ignorance of the law is not a defence, she had no idea it was a crime. She had just thought that as it was a ticket valid for 7 days, and that as her Dad wasn't using it for one day, it was OK for her to use it. We are now quite distressed and with Christmas approaching, worried that this will drag on over the holidays without being resolved. From the posts I've read, the general advice seems to be to wait for FCC to send a letter, but I was wondering how long it normally takes to receive the letter and whether we should pre-empt it with a letter of apology promising to pay all costs and never to do it again? Any help that you can offer would be greatly appreciated. Thanks.
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