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Bamboo_fighter

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About Bamboo_fighter

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  1. No problem at all. With my case, I felt that I must share the outcome to show everyone that sometines, even in helpless situations, there is hope.
  2. Hb, Thank you! Dx, The fact ticket was fake, played a significant part why they did not want to settle the case out of court. I kept telling them all the time that I was unaware the ticket was counterfeit (which is true, I really didn't know). Key factors, helping ne to settle, was my polite manner when speaking to them, stuborness, remorseful plea and a strict letter from a manager.
  3. Hi everyone, I would like to update you on the latest events. After Old-CodJa's last reply, I thought I was giving up. But the possible unpleasant outcome kept giving me goosebumps and stress. I started feeling depressed, to be honest. Then, decided that I should not stop here, even if advised here to prevent from any further correspondence. With that in mind, I've called the prosecutor again. I apologised, was remorseful and asked why my case cannot be dealt with accordingly to the policy of warning (see post #57 by Sammy). Prosecutor explained to me that the decision can only be changed in the extinguishing circumstances. In other words, I had to provide the proof of the adverse effect of a criminal record on my career. I've called my manager and explained the situation. A letter of explanation then was send to the prosecutor on my behalf. This has worked and I have just received an out of court settlement offer! I am writing this post to encourage people to not to give up. If you deeply regret your actions (like I did), you need to demonstrate that and it might help even in helpless times. Things do not always go as planned and certain mistakes occur due to one's foolishness or unawareness. I hope my story can motivate someone who's currently (or in the future) experiencing the same/similar situation. I would also like to say a huge thanks to the team of CAG. You guys are amazing and your support kept me going forward. I will never forget this experience (and amount of grey hair it caused me) and will do my best to prevent myself from such stupid actions in the future. Kind regards, Bamboo Fighter
  4. Thank you everyone for your contribution. I hate to admit it, but perhaps it is really tine to give up. Last questions: 1) what is the worst that can happen now? 2) how long does the trial usually take on the day? 3) can I request hearing earlier than it is scheduled? Many thanks
  5. BazzaS, I did not say that it is the same situation, I was saying it is similar situation. And yes, you are right, I am desperate, but remorseful as well. I want to counter their unwilligness to accept my facts regarding the incident. First of all, I want them to explain, based on what evidence, they refuse to believe someone gave this card to me at that time of the day, as such occurence is quite common in London. Secondly, I want to counter their assumption that I used this card on purpose, based on that my last top up happened a day before that counterfeit ticket was valid from. As far as I remember, this gap was at least 3 days.
  6. http://www.consumeractiongroup.co.uk...91#post4348691 In this case, a person intentionally used child's ticket. I know it's not the same situation, but I really didn't know that ticket was counterfeit. It's all based on their personal assumptions, not the real evidence. Prosecutor said "I don't think someone has given it to you that early in the morning". Well, ask anyone travelling in the tube and they will tell that people tend to share their tickets with others, once they have no use for them, therefore i disregard his accusation. He also said that my Oyster's balance expired a day before that counterfeit ticket was valid from. I definitely remember it was not like that.
  7. With all due respect, seeing other people in similar situations as mine, getting out of court for the same efforts as mine, while I am still being prosecuted - seems unfair to me.
  8. Hi BazzaS, Thanks for your comment. You mentioned their policies, so I have reviewed their Prosecution policy with a great interest. In Section 10, it says: TFL Revenue Enforcement and Prosecution Policy (10): Where the offence involves fare evasion TfL may decide to issue an offender with a Warning Letter in lieu of prosecution, where it is deemed appropriate and one or more of the following conditions are met: a. The offender admits the irregular travel and; b. The risk of re-offending is considered minimal and; c. The offender has provided TfL with exceptional mitigation against prosecution or in the opinion of the Prosecutions Manager it is not in the public interesticon to prosecute and; d. The offender agrees to pay the administrative costs incurred in the processing of the case file. So, I found that in my case, I meet all the above mentioned conditions, as: A) I admit irregular travel and my mistake; B) I was a student at a time of the incident (no penalty) and it was my first ever offence, hence - minimal re-offending risk; C) I am working in the City, in finance industry, where they require to have a clean DBS. Therefore, this job is the aim of my whole life and this little mistake puts my whole life's hard work at risk. D) I agree to pay all the costs and fees. P.S. I know that DX does not approve this method, stating that this is "lecturing" them on how to perform their duties, but in their letter they referred their decision to this prosecution policy. FirstClass also does not recommend it either. Perhaps they have missed a few aspects that might work out in my favour. Especially since while I was having a conversation with a prosecutor via the phone, he mentioned that they might change their mind if I provide exceptional circumstances, like losing job etc. Lastly, this has helped Sammy to get his case sorted out of court. I know that his case was different, but by reading his thread, I've got an impression that he was in a similar desperation as me. I am really lost about my further actions. Getting to court on the day of the hearing is troublesome, as I will have to come up with the excuse for my management (and I don't want to tell them I am summoned to court), but pleading by post and not attending scares me off by the possibility that they might decide to prosecute me for fraud instead(which would be totally unfair in my case). FirstClass mentioned that this is unlikely to occur, but I am still worried... Do you know how much (usually) time is spent in court in such matters???
  9. Hi firstclass, I've been summoned to court for the following: 'Contrary to S.5(3)(a) of the Regulation of Railways Act 1889 as amended by Section 84 (2) of the Transport Act 1962 and Section 18 of the British Railways Act 1970. Was travelling on the railway without having paid the fare and with intent to avoid payment thereof.' Are you trying to say that they can change the above-mentioned conviction to fraud?? P.S. Old-CodJa always advises to keep negotiating up to, and even on, the day of a hearing. I'm confused...
  10. Hi everyone, It's me again. I am really desperate now, as my efforts are getting me nowhere. I've decided to send one more begging letter to Prosecutions Manager directly. I also think to send a copy of this letter to a Managing Director of TfL, following an example of the following case: http://www.consumeractiongroup.co.uk...91#post4348691 I found two potential Managing Directors to contact: London Underground & Rail Managing Director and; General Counsel Which one should I rather send my letter to? And would that be appropriate? In the aforementioned case, contacting Managing Director has actually helped that person to settle his case out of court. I hope to hear you views on this. Kind regards, BF
  11. Thank you dx, I now feel stressed again. What if I write them honestly that "I've been working hard for the past 4 years at the university, spent a lot of money on the tuition fees and finally, after 6 months of consecutive search, I found my dream job within finance industry. However, working here requires clean DBs, so, criminal record can destroy my career. Given that, my whole life's hard work might result in being wasted. In consequence to that, I am in a great depression and in my current mood, might consider to commit a suicide over this matter." I know it may sound harsh, but it is my dream employment, which I was working for really hard all my life. Please advice me on this
  12. Hi FirstClass, Thank for your response. I've been sent documents of the prosecution from Tfl last week with the following: It says 'Contrary to S.5(3)(a) of the Regulation of Railways Act 1889 as amended by Section 84 (2) of the Transport Act 1962 and Section 18 of the British Railways Act 1970. Was travelling on the railway without having paid the fare and with intent to avoid payment thereof.' It also says 'an application will be made in court for a £130 contribution towards the costs of tfl. There will also be an application for compensation of £4.70 in respect of the fare avoided'
  13. Hi dx, Yes, but I did not know that at the time of possession. Still, I think it is worth trying, don't you think? What's worst can happen?
  14. Hi Sammy, This sounds really well! Thanks, I will now apply this to my case. Could you also state what were you caught for? Also, could you please elaborate point C? P.S. At that time, I was still being considered as a student, as I was awarded with my MA on 1st November 2014 Many thanks
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