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About user566

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  1. Dear all, I have just sent a grovelling letter in to ask to settle out of court today, how long should I wait before following up with a phone call? I posted the letter by first class signed for. I also realised I made a mistake in the letter by saying I know I have broke the Byelaw, but when I looked into more posts from this forum just now I realised it should have been the Railways Act.. . I am not familiar with legal stuff and did not know the difference, would this kill my chance...? So very worried now! Thank you everyone for your help, fingers crossed they will allow me to settle out of court!
  2. Thanks ao much for your reply Old-codJA. I am going to go ahead with an apologetic letter asking to settle of court, I understand pleading not guilty will lose the possible credit the court would give me, but if I plead guilty would it make tfl not bothering to settle the case out of court since I have already pled guilty anyway? If I choose to plead not guilty instead I assume I can change my mind and plead guilty at a later date if I want to...? Would there be any other punishment or consequences other than losing the credit the court might give me? Thanks again!
  3. Thanks Old-CodJA, your input is much valued. I think I was not interviewed accordance with P.A.C.E. codes of practice, since I was not cautioned at all before the interview. Is this what it means? My current plan is to write a letter to apologise and ask to settle out of court, but would this imply I am agreeing to the statements being presented as a true reflection of what happened that day? In other words, IF *touch wood* they do not accept my request to settle out of court, can I still bring the point up in court that some parts in the statement is different from what actually happened that night? Would the court find this defence invalid because of my apology letter? I am also planning to plead not guilty (I have to return the letter within 7 days so it is not likely I can settle out of court before then, and pleading guilty will just means I don't even have a chance to settle out of court), in the box where I sign the NOT GUILTY statement it gives me an option to be represented by a lawyer or not. Can anyone confirm that I can change this option later on...? ie. Can I choose not to be represented by a solicitor for now and then if I really have to attend the trial on whatever date can I still change my mind and be represented? For the letter to prosecutions manager asking to settle out of court, is there any guidelines as to how much I should offer to compensate them, or should I just say "all the reasonable costs incurred"...? I have never written anything like this before and much as I have a lot of mitigating circumstances I am very flustered and worried I will get something wrong! In the forms that came with the pack there is also a statement of means form which it says I need to return it to the court asap, does this falls in the 7 day deadline as well? In there they asked got my employer details --does anyone know if they are going to contact my employer and check my income??? Not that I am trying to hide anything from the court, just that I don't want my employers know I am in trouble! Many thanks for any help in advance!!!
  4. Thanks Conniff for your input. I called the prosecution managers on Friday and asked for the written statement that I signed on the inspector’s notebook, the reply I got was that version will never appear again because they will assume what the inspector typed is true. The person who picked up my call said if I think the statement is not reflecting what I said that day I will have to go to court and undergo something called cross examination, I was also told my signature on the notebook is not important because “not having your signature will not make it (the report) any less valid”. Not sure if anyone can confirm if this what would happen? Thanks BazzaS, my aim is to settle out of court and not get a criminal record. I admit that was a very stupid and foolish mistake made under the array of problems I was facing in life at that point, but since then I have worked hard and recently got a job offer that requires me to have a clean record, so being found guilty will no doubt jeopardise my career and bring my life back to the muddle that I was in before. I honestly regret it so badly that I will never ever think about doing it again even in my wildest dream!! The thing I am not sure is, if I write a grovelling letter of apology and offer to reimburse their loss caused by my error in judgement, would this imply I am agreeing to the evidences presented? The alterations the inspector made to the statement is making it look a lot more unfavourable to me, I am worried that they will think "oh this case is so serious that we should not let it settle outside court". Should I point that out in my letter or would that not be good...? If I don't point it out would this mean I am agreeing to it? Thanks rebel11 for your clarification. Like I said in my response to BazzaS above, I am not sure what would be a better way to deal with 1. Would dealing with 2 have more of a negative impact on dealing with 1, or would it help in any way? Thank you so much for all your help and input!
  5. Dear all, In mid-May I was stopped by an inspector after touching into a station and was caught using my friend’s 18+ oyster which has a monthly travel card on, I initially remained quiet because I thought I was under arrest. The inspector then threatened me if I kept quiet she will call the police and the police will ask me the questions, I did not know if she has the right to do so but I flustered upon hearing possible police intervention and obeyed. She then took her notebook out and asked me a series of questions, while another guy went to get the oyster history printout of both oyster cards she found in my holder (I was carrying my friend’s oyster and my old photocard which I kept as souvenir after its expiry). She also got another lady to take my address and call someone else up to check the validity of my address. I cooperated and answered all her questions honestly, however I received rather racist comments during the interview which obviously was not recorded in her notes. At the end of interview she pulled out a small rectangular yellow card and read the words out to me, it was along the line of “you are not under arrest and you do not have to stay with me”. I am certain about the “you do not have to stay with me” part because I clearly remember feeling very confused. She then added a question to her notebook and asked me “I read these words out to you [motion towards yellow card], yes or no?”, to which I said “yes” because, well, she did. She read her notes out and asked me to sign at the bottom, in her notes she said I deliberately tried to hide my friend’s oyster by giving her my old oyster first, which does not match the facts because she opened my oyster holder herself (without my permission!) and found my friend’s oyster before I took my old oyster out. By no means was I trying to hide anything so I immediately disagreed with her, and she changed her notes into a neutral statement of me presenting her with two oysters. However when I got the prosecution letter earlier this week, the statement of facts clearly says I initially showed my old oyster and before presenting my friend’s oyster when being asked. The typed version of notes from her notebook, which does not have my signature, also incorrectly says she cautioned me before asking me any questions. Apart from this she also changed my answer to one of her questions, from “my friend bought it (the pass)” to “I asked my friend to buy it (the monthly travelcard) for me”. I am very very worried now, what could/should I do? If I write to them to ask for settlement out of court, would this indirectly means I agree with the evidences? If I do so and they do not accept my offer of settling out of court, would I still be able to choose to plead not guilty and would the letter I wrote make any difference to the trial? Would the omission of caution make any difference to the validity to the statement? If I knew I did not have to stay with the inspector before answering any questions at the very least I would have kept my mouth shut! I have read through a lot of threads on this forum but don’t seem to find a similar case, thank you very much for everyone’s patience and time to read my entire post up to here. Any help would be gratefully appreciated, thank you very much in advance!
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