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Panic2011

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  1. Well it's been a few months so I just wanted to update everyone on what has happened. This morning I got a letter back from FCC saying that they would agree to settle out of court and accepted my offer of £150 pounds! Result!* £150 = no criminal record = bargain!* I would like to thank everyone who has helped me out with advise and support and particularly old-codja for supply template letters.* Thanks again and I have certainly learned not to sit in1st class and if anything like this ever happens just shut up and pay the £20 fine! * Off for a pint now, cheers everybody!*
  2. Thanks for your reply SRPO, perhaps I should make clear the timings so as not to try and mislead anyone. I did just walk straight on to the first class section but had sat down in a seat before the RPO officer asked to see my ticket so in that sense it could be argued that I did intend to remain. I don't think that the train had left the station though and as I said earlier there were several others who had done exactly ad I did. All of this to the best of my recollection happened within 10-15 seconds of boarding the train. I did think it initially harsh that the RPO did not just ask us to move out of the first class section, but that is neither here nor there the fact of the matter is I was sat in a first class section without a first class ticket. I don't really want to argue and besides the false address is by far the most serious aspect of this unhappy escapade. Thanks again SRPO it is an interesting angle I hadn't considered.
  3. Hi guys, Thanks again for all the advise, got letter through the other day asking formy version of events. I have now had a go at a first draft of a response and would very much welcome any feedback and comments. Thanks in advance, I really do appreciate it. Dear I am writhing to confirm my version of events on the date xxxxx I boarded the train at xxx at xxxxx station and went straight into a first class section. A RPO followed me in and asked to see my ticket. I only had a standard class travel card and therefore my ticket was not valid for the section of the train that I was in. The RPO started to issued me with a penalty fare notice. I wanted to discuss this more and offered to get off at the next station, he then dealt with a few other passengers in the same boat as I and we got off at xxxxxx station. I initially refused to pay the penalty fare notice as in mind mind I already had paid for a ticket for my journey. I now know that I was entirely in the wrong and the RPO was operating within the rules when he initiated a penalty fare notice. I am extremely sorry for this and realise that fare evasion costs the industry 400 millions pounds a year. The RPO then asked for my name and address and I panicked due to my fear of a criminal conviction and gave him my old address. He then tried to verify this address by making a phone call and asked a few questions. I then gave him my current address and apologised and offered to pay the penalty fare. I know that I was extremely foolish and am very remorseful for not having a valid ticket and for providing false information to the RPO. I have never been in this kind of trouble before and am extremely worried as to the effect a criminal conviction would have on a career I have worked so hard for. I have in the past been issued with a few penalty fare notices in the five years I have lived in london but assure you that I have had a valid travel card just not always on me. I would be extremely grateful if you consider an out of court settlement in this case, allowing me to pay the first class fare from xxxx to xxxx and offer compensation of £150 pounds to cover all of your incurred costs to date. I promise never to travel without a valid ticket on my person ever again. Yours sincerely, Xxxxxx Oyster card number: xxxxxx Photo card number: *xxxxxx
  4. Hi again, And thanks for all the comments and advice. *Wriggler, the RPO officer I dealt with was one of the the good ones. He was polite, professional and just looked like a genuine nice guy. I do feel extremely guilty for lying to him. He was just doing his job. Just got a few more quick questions: 1) should I expect several charges against me, having no ticket, intend to avoid the fare and the most serious of fraud or to they tend to go for one charge? 2) in terms of an offer to settle out of court what sort of amounts would you recommend? Anybody had a similar case settled? 3) anybody fancy putting a percentage chance on this not ending up with a criminal conviction? I want to try and draft my letter, or at least the bulk of it, before I receive a letter from FCC as this will enable me to get a quick and well though out response. Any other advice to put in this letter? Thanks again to everybody, I really appreciate total strangers taking time to help somebody they have never met before I hope I get the chance to return the favour(s) sometime. I'll keep posting with any updates
  5. Hi everybody, I have spent the past four days going over all the older posts concerning similar problems and have found them to be a wealth of information and support. I have a problem with first capital connect and their likely hood to prosecute for fare evasion and I'm am going around the bend! I have not yet found any posts with my particular set of circumstances, so any help and advice would be fantastic. So I'll try and make this as concise as possible; last Friday morning I boarded the train at my local station and it was busy as usual, the doors opened and I stepped on and the first class section was just to my left. I didn't actively seek out this section it just happened to be there. I went in with three other people and sat down in one of the available seats. Before I had even looked at my paper and I don't think the train had even left the station an inspector came in and checked my ticket and the three other people who had done exactly as I had. I didn't have a valid ticket for first class (just a travel card) and should have paid the penalty fare when requested to do so by the inspector. I fully admit I was in the wrong and looking back now I can't believe I have been such an idiot, but it gets worse. One of the four paid the penalty fare straight away and I decided to try and argue my case with the other three, we all got off at the next stop with the inspector. The other couple paid their penalty fare after a few minutes arguing and left. Which is exactly what I should have done. Again the inspector asked me if I was willing to pay the penalty fare, I replied no (I will give reasons later) he then asked me my name and address and I supplied my old address. I now know that this was the worst possible thing I could have done and have been kicking myself for the past week for being so stupid. The inspector made his phone call to verify the details I gave and when he started to ask more questions about what flat number etc I told him I lied to him so he hung up his call. I apologised and offered to then pay the penalty fare but he told me I had my chance and a penalty fare was now not an option. I then supplied my correct details and he interviewed me under caution (all done correctly to the best of my recollection) and told me to expect a letter in the post detailing was action would be taken. I apologised again and he left. I am now petrified, I can't sleep and am so worried that I will get a criminal record that has the potential to destroy a career that I have worked so hard for as it requires extensive travel to the states. I can't believe that one moment of complete and utter madness on my part could cause so much trouble. The reason I initially refused to pay, and was so annoyed was because I had just paid FCC £34.50 for an overdue penalty fare two days before. I know this looks really bad for me but I promise you I am not an habitual fare evader, I am an habitual travel card forgetter! I got to the barriers at my destination station and realised that I didn't have my travel card. I spoke to a lady at the gate and she took down my details and charged me £5.50 to cover a single from where I came from and was very sympathetic. I didn't realise at the time that I was to pay the balance of £14.50 within a set time frame. A month or two later I returned from holidays and found a reminder to pay the outstanding £14.50 from this incident. As I had been away I now only had a week left to pay I tried the phone line to pay the remaining balance and got no answer and then left it a few days. I then tried the number again about 10 times over two days and each time there was no answer and even got a recorded message saying that due to heavy call volume they were no longer receiving calls. I eventually got through a day after the deadline and was obviously pretty annoyed at having to pay an additional admin fee for failing to pay on time. All this happened two days before the first class incident so I hope it goes some way to show my mentality on the day in question. I know it is not a defence to anything and everything I have done it completely my own fault. I have received two other penalty fares over the past 5 or years for forgetting my travel card. I successfully appealed one but it took about 5 letters and much more than £20 pounds worth of time and effort. So I chose not to try and appeal either of the others even though each time I had a travel card for the dates in question. Having read pretty much all the other posts on the issue I now know to wait to hear from the company and write a reply stating how incredibly sorry I am and offer to pay compensation and all admin costs and hope they settle out of court. What I was wondering was with these set of circumstances, no first class ticket, initially refusing to pay the penalty fare, lying and the previous penalty fare notices against me does anyone think I have a hope in hell of not ending up with a criminal conviction? I have had a valid travel card for all zones travelled (admittedly not always on me) for five years. Will that help? I have not yet heard from the company, would anyone recommend pre-emptive letter? On the offering to pay a settlement front, would a very large amount (££££) be more likely to be accepted or would be construed as been arrogant and trying to buy your way out of trouble? In my response letter should I try and mitigate the previous penalty fares notices at this stage as I can’t claim this is my first offence? Or not talk about them? I obviously want to keep it factual, short, apologetic and not rambling. Does anyone know if I get convicted on the most serious charge (dishonesty, fraud) will that stop me travelling to the states? I am so worried I can’t sleep or concentrate at work and am going crazy thinking about losing my job. I am usually such a happy go lucky kind of fella and would describe myself as of good character and have never got in any trouble like this before. Any other advise? Thanks in advance to anyone who takes the time to read this and I'm sorry it's so long and rambling.
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