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Everything posted by noveum

  1. I recall standing in a 1st class area once and the ticket man came along and pinged everyone sitting down?! bizarre unwritten rules i reckon?
  2. so you purchase authority to travel in 1st class? That would really annoy you if you bought the ticket to find all seats taken?!
  3. So, after seeing a recent 1st class scenario play out on here, my question is: Can you stand in the 1st Class area if the train is busy? I assume you can stand but not sit - unless you have stupidly paid for a 1st class seat?! It did make me chuckle once seeing a passenger argue with the Inspector when being charged for sitting on one without a ticket.... his response was 'I will happily pay for the 1st class seat if you can explain what warrents this to be 1st Class?!'...
  4. I wonder if the fee is high due to all the 'admin work its taken to resend letters'? Tough call here in my books? Do you want the problem to go away right now? If so..pay it and recoup the money by eating baked beans for a while sitting in the dark? OR Do you want to see where a fight takes you?
  5. Hello Annon-mum. This is a very similar situation to what my wife went through a while back with me and my monthly pass. FCC or SWT though. She was a wreck for a week or two and then after days of web trawling we decidied to shake out of it and move forward. These guys on here are the best advice givers and dont charge anything. So we listened to what was said on here and realised - we were not going to die, we were not going to go to prison (although technically possible) so just took what ever was going to happen on the chin and we would react and deal with it IF anything happened? So, please dont let it take over your life. My wife took my pass for a day trip and was caught. We waited for the formal letter which also asks for your own version of accounts (2 weeks) then replied back. The best bit of advice i was given was to get hold of the presecution dept number once you have a case number and call it all day everyday till someone picks up.. If they are happy to avoid court then you must make them an offer - and dont be silly and offer the price of the ticket.. think about admin fee's etc.. and offer something that you are happy with that can make this mess go away... be polite and beg.. sounds brutal but thats what worked for us? Hope this helps? My Best. Noveum.
  6. a fair point there.... These are publically funded passes... so its not a case of mr X purchased a monthly and let her wife use it for a day then gets caught?.. publically funded passes will be seen differently.. hold tight and try not to let it worry you too much.
  7. Find the prosecution department number and ring it untill someone picks up..night and day keep calling it. Have you written already to plead with them? Best of luck - keep us posted.
  8. no other questions from me. I have been through the mill and just happy to sit back and offer advice from past experience. thanks.
  9. providing you gave the correct details when asked....and the letters are not sat at 'Mr smiths house in Burnely'?! ...I think you may have slipped through the net!
  10. I really hope you take this to court and win. It would change a lot for the service we get. Thinking back to those cold nights when the trains pack in we left to fend for ourselves?! Do it and win.
  11. Think I have answered a similar question to another thread like this only just the other day. 1) wait for the letter!!!! 2) Stop saying you were unaware it was taken? She knew what she was doing ...just got caught! 3) If you have to reply with a statement be honest and up front - it saves time and avoids complicated questions later on. ...oh yes..and write off the season ticket but put in your letter 'as a way to demonstrate how sorry we are, I have not tried to get back my ticket to avoid complication'.... Concentrate on helping your wife and dont get yourself involved if you dont need to?! best, Noveum.
  12. Hello everyone. ME again! having recently got through a similar situation with my Wife - check older posts about my wife taking my season pass on a FCC train. My only - non legal advice would be the following. STOP - Wait for the letter! Dont *bullsh1t* . My wife had her first weekend away in 8 months of our baby. Unless it was your first trip on a train ever then I have no doubt that you probably thought that by using your husband ticket you would be saving the free tickets for a time when you would really need it like when he was at work? dont want to sound harsh but I had a frank conversation with the train staff and the best advice they said was...the office in charge 'were not born on the banana boat'.. they see letters everyday. Be honest, put your hands up to being a mong and plead with them to do anything to avoid court. 2) wait for the letter.... 3) when it arrives, write your statement down as requested and be to the point. No life stories. I got the impression after talking to them at the latter stages that this is a factory conveherbelt setup and they have a lot to process. 4) get hold of the SWT prosecution dept number and call it...all day..everyday till someone picks up - but only till you have a reference number. I had my monthly pass taken from me and was told I had to write to the prosecution dept and ask for it back. I was so worried about being brought into the situation by 'facilitating ticket fraud' i decided to write it off and not bother - but we mentioned in the plead letters that i have essentially forfeited 2weeks on my monthly ticket to avoid complications. Our scenario took over a month or 6weeks to play out and i understand exactly what you are going through. My wife was a wreck for about 2weeks and then we found that the process was taking so long you just learn to accept it and see what happens - its not going to end in prison unless you have other convictions i imagine? We made an offer to avoid court. Which was the best option as a conviction would have complicated the wife's employment happy to keep an eye on the thread - the guys on this site are fantastic and take everyones advice on board. will keep an eye on this one. Best. Noveum
  13. Hi all, Well we have some good news (as good as it can be?!) We got a letter today saying that 'after taking our statement and letter of plea into consideration' FCC are happy to settle out of court provided we pay the sum we offered in our letters. The wife phoned up today, paid over the phone and we can all get on with our lives! We offered £350 to avoid courts. If anyone has to go through this scenario - firstly - you silly person!! Even though we begrudge the FCC/train system..they have us by the 'short and curlies'...so cant do much about it so we should just get on with it. Tip: Get in contact with the FCC prosecution dept ASAP, be honest, admit fault and plead guilty. I get the impression the system is well set out and will win either way... Thanks for everyones assistance. Will keep an eye on this site moving forward and wish everyone luck!
  14. ..to keep people updated. We we sent a letter asking to put our statement forward. The letter was headed 'intent to prosecute'. We have submitted this with a plea to avoid court, pay all costs to compensate the rail company. Not heard back yet and that was a week ago. I now think it will go either way - what i find frustrating is the speed of things as its now dragged on. Would rather have had it all wrapped up in a few days but i guess the train company have a lot of similar issues to deal with? lets see what happens next?
  15. The Phone contact starts tomorrow. FCC will have received out statement last week and had a few days to process it so it should now be 'in the system'... Will be trying all contact numbers I can - but i seem to think that the only successful line is the one that comes with the court dates if/when this arrives which I dont have at the moment. My 'special circumstances' are the sames as most i imagine? Work / Family / 1st offence etc etc... I get the impression if the person opening the letter is having a nice day then we may be ok? ....if the person who opens the letter had a bad weekend and is not in the mood it will be process and taken further? Lets see what happens if we can make contact via phone this week!?!
  16. If you dont mind me asking - did you make contact before the next letter of summons arrives? FCC seem to be rather difficult to contact via phone?!
  17. Letter of plea in the post. Lets see what happens next from FCC. Will keep you updated if/WHEN the letter comes back from FCC.... regards.
  18. ..and should it result in the criminal conviction, I assume this is never 'time spent' in todays current political climate? I will think hard about my formal response to FCC now.
  19. "Criminal cases are now pretty much set by starting point plus or minus any aggrevating or mitigating circumstances and the early plea reduction." Not sure I understand? Are you saying that in the court summons it would state - 'this is a criminal court hearing'?if it didnt then its assumed a by-law? Even though we will plea guilty in the responding letter and probably had to again should we get a court summons, would we still need to attend court?
  20. Thanks Old-Codja. When you put it like this, it is clear in my eyes that FCC should be happy to settle out of court? ...But i understand they sometimes need to flex their corporate legal arm?.. Just one thing though - you say "A worst case scenario total penalty of £625 plus the unpaid fare/s". But are you not missing ...'and a criminal conviction form the 1st charge? I will be assisting my wife with the letter tomorrow to append to the form from FCC prosecution dept. Within the letter; for this section: "offer to pay all of their reasonably incurred costs and any outstanding fares", do we offer and wait for them to respond with a figure or should i throw into the mix an amount we are willing to offer?
  21. "dont get worried or frightened off."... from the opinions or the system?! Would we be right in replying to the letter of intent to prosecute by admitting fault straight away and then spending the rest of the letter apologising, offering to pay costs etc and reason why a criminal record would be do more harm long term to my family than any financial fine? - saying to FCC - OK guys, you made your point, I have a distraught wife and we have all realised the seriousness of what was done, but can we avoid court and criminal records by settling? noveum.
  22. I assume this is worst case scenario? Plus I imagine a criminal record? Seems oh so high considering its a one-off offence, no previous convictions, years or season tickets paid for and a silly mistake? If they are By-laws - are they criminal offences?
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