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BarleyGB

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About BarleyGB

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  1. Honeybee is right, you can try and reach a settlement before and up to the court date. I would suggest trying to contact the rail companies prosecution team ASAP. Phone and apologise and offer to pay their costs (could cost you £200+), if that doesn't work have a word with the prosecuted in court and offer to settle (have enough cash & cheque book with you) It's going to cost you a bit so accept that but better to settle than the potential for a criminal record.
  2. Yes its a massive weight lifted, this pretty much dominated my head for a week and caused a number of sleepless nights. As someone else said its the real fare dodgers that probably get away with this and dont really case, the likes of you and I (people who have a lot to lose) worry and will do anything to settle. Part of me wonders if was premature, offered to much to settle but it just wasnt worth the risk. The weight off my shoulders is worth it.
  3. I have reached a settlement with First Capital Connect and finalised the matter today, no prosecution will take place. Thank you all so much for your help and guidance, it really helped get me through a few dark days last week. Your help was invaluable and influenced me to make an early apology and offer a settlement. Once again massive heartfelt thanks.
  4. Thank you again, Im currently waiting to hear from FCC with regard to my letter, ive also drafted my version of events in case they ask for this? I maybe back asking for some guidance as feel its a bit long winded and not sure all the content is entirely appropriate?
  5. Edited to note that cut and paste removes some carriage (excuse the pun) returns I think im going to explore the settlement option before getting into the detail. Ive drafted a response (below) and am wondering if making an early apology and showing thatI really do care about whats happened that FCC will consider it? Is the areasonable approach, financial cost isnt my prime consideration at this point,the worry and potential impact to overwhelming. Is the worst that can happen that they still ask me to provide my response? Draft: Ref: XXXXX XXXX, Ive spoke to XXXX in your office this morning, I had a few questions about competing my response to the Notice of Intended Prosecution I received yesterday. I also explain how worried ive been since Monday. XXXX suggested that you are understanding and may agree to a settlement. In view ofthis, I would be grateful if you would consider the following: I am deeplysorry for my actions which were an uncharacteristic moment of stupidity, which I very much regret. I am ashamed and embarrassed about what I have done. I sincerely apologise to yourself, the ticket inspector and all the staff atFirst Capital Connect. This was myfirst offence, ive never been stopped for not having a ticket on the railways before nor have I any other criminal convictions. I promise and undertake toensure this never happens again. Ive studied and worked hard all my life andconsider myself a good honest person of good character, I assure you this incident is an exception, those that know me would acknowledge im of good character and a very honest and genuine, kind person. I wouldreally appreciate it if you would consider an offer to reach amicable settlement instead of a prosecution. I am prepared to pay all necessary costs including those for your office’s administration, First Class fare/penalty fare and any other form of compensation to you feel is appropriate to First Capital Connect that satisfactorily represents my regret and remorse for my actions. A convictionwould have a significant impact on my career as I work in a highly regulated Financial Services sector as a freelance consultant and have done sofor 19years. If convicted there is a good chance that I could lose my livelihood andfuture career prospects in this area. My biggest passion would also be impacted, having invested hundreds of hours of my time and commitment. I learnt in May after 8 years of competing that I have been successful in qualifying for the XXX in Hawaii. This is the pinnacle of mysport and something ive worked so hard for. I understand a conviction will beclassed as ‘Moral Turpitude’ by US Immigration, this would likely prevent entryto the US indefinitely and prevent me taking part. A convictionwould have a profound and disproportionate effect on my employment and life,both now and in the future. I hope you can consider these factors when deciding if a settlement would be acceptable. On theTuesday morning 18th June I sought to admit my mistake, apologise and deal with these matters. I even visited the Offices at XXXX in the hope there was acustomer services counter, reception staff gave me a number and I was able tohave a brief conversation with XXXX. XXXX whilst unable to help at the time took my details and advised I should wait for your letter. I hope you will see this as proactive attempt to take responsibility.
  6. The incorrect bit was house number (15 instead of 11), all the remainder of the details, full name, address, street district & town was correct. The inspector also implied he thought my postcode wasnt written correctly but thats him misreading my writing, guess thats subjective? "Correct me if I'm wrong, but I believe the offence of providing false details is a specific intent crime. This means it requires intention (i.e. deliberately giving a false address), not simply negligence. Intention is quite a high threshold and to me it would seem difficult for the train company to prove intention in circumstances where the Op immediately corrected himself and let the ticket inspector walk away with the correct address. Provided, of course, that the Op does not say anything stupid in his letter." Im interested to understand the thoughts on this / the chances of conviction in these circumstances?
  7. Clearly I wrote in the inspectors book and I have to be truthful and not misleading. Im stuggling a bit with how to explain the incorrect details, that it wasnt my intention to provide false info and that I corrected the details verbally when challenged. Is there any suggested wording how to do this without incriminating myself? Also to emphasise that I didnt give a false name and address in terms of what the allegation implies?
  8. I shall aim to draft a response tomorrow (personal details removed). Should I just stick to the facts at this stage or express my genuine regret and apologies / propose a settlement?
  9. Honeybee, I dont mind anyone saying anything and would rather people be frank, honest and give opinions even if they aren’t what I want to hear. My mind is definitely racing, im a thinker, this has become all consuming for me this week, im desperately worried about the potential consequences. Im struggling to reconcile that an 8 minute train journey to work could have a potentially profound impact on my life. I have 14 days to reply so will draft a response tomorrow. Im also tempted to call the prosecutions team to see if I can get a feel for how the ground lies and if theyll be willing to discuss/agree a settlement?
  10. Thanks for the advice so far, I have now received a letter from FCC. Firstly, where do I stand in terms of commentating on the potential case online? Is it acceptable providing I dont provide any personal details? The letter is tittled 'Notice of intention to prosecute', it states the time of the event and the train I was travelling on (by originating station / departure time and destination). It states I was stopped and questioned in regard to the alleged offence(s) Remain in a reserved seat, berth, or train without an appropriate ticket Giving a false address The letter then asks for a response from the passenger (information should be factual and honest). 1) What should I do now? I guess I just need to repond with my version of events similar to my original post, obviously sticking to the key facts. 2) Would any of you be willing to review my response before I send it (is it appropriate to post here providing I remove personal details?) 3) Is it worth me contacting them via phone to clarify their understanding of events (theyve not provided any details of what the inspector wrote down) 4) Is this the point to put a case for a compromise, plead for some discretion? For info, ive contacted by MP to explain whats happened and how worried I am, hopefully he can offer some advice or support a case for amicable settlement, im not sure if it will help but who knows?
  11. I totally understand from the inspectors view, those views may also be justly held by commentators here. I know that I did wrong and accept that.p> I visited the Prosecution office this morning to find out more about my options, likely course of action, also perhaps in the vein hope I could deal with the matter in person if there was a customer services desk p>I was given a number an office number and advised to ring. Spoke to a very nice, helpful lady who while confirming I she counldnt comment on the specifics until they recieved the inspectors report did advise that in the circumstances I described these cases often go to prosecution. She also advised that at that stage they can be open to settlement and the prosecution withdrawnThe lady took my details and provided the name of the prosecuting officer who would probably deal with the case. It was suggested I wait for their letter, write in (and or call) at which point I can put my casep> I would really appreciate any help anyone can offer once I get the letterp>
  12. It was 1 digit of my house number which was incorrect, my full name and postcode was correct, though the revenue officer said one letter of my postcode looked like another. Is it really better to wait for the letter from TOC, would a frank and open appology and acknowledgement of my mistake show that im accepting what ive done wrong and that i want to deal with it? Or is it like you suggest better to wait? I feel that showing willing would show positive character? I feel in a desperate state, its been on my mind all day and I cant sleep. Can it really be possible that my career and all ive worked for be at risk for 10 minutes of stupidity?
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