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STA101

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About STA101

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  1. Thanks, the SAR link is very useful. However if I need to request documents which do not relate to myself (e.g. the company's standard operating procedures) do you know what I would need to do?
  2. Thanks for taking the time to reply. When I talked about the 'ad antiquitatem fallacy' I was not taking about the law, I was referring to the argument of 'because something has been a certain way for a long time, it must be right'. I am a rather quiet person so I don't think that's likely. Also, I am angry now that I've learnt I am being prosecuted, while at that point I was even grateful for not having to pay the fine. I don't understand. Of course I abide to the laws of this country, and every country that I have lived in. I am just surprised this is considered a crime, my British friends didn't know either and they all say 'it is going to be fine', 'they are just trying to scare you' ,'there is no way you would get a criminal record for that', etc, but after doing some research I am not as optimistic as they are... I agree and I think I might have expressed myself wrong, I am aware that I am 100% on the losing side and they have 'all the cards' I am trying that at the moment with my letter, but based on what I have read, it doesnt seem to have worked for anyone, so I am trying to prepare for the worst. I have absolutely no idea, that's why I was asking about the admissibility of evidence. Might be useful to prove the evidence is not admissible in case that was an argument I could make, even without audio. What is a SAR? Thanks for the information!
  3. Thanks for replying honeybee. I don't think that means it is right, that's the 'argumentum ad antiquitatem' fallacy. I complain a lot on my message, I guess I am still on the 'anger' stage of grief, soon to be followed by bargaining...
  4. Hi all, I am writing as I too have received a letter from TFL where they threaten to prosecute me. The incident happened in the train in March. I use a type of ticket that you buy in advance and fill in with the date of the journey when you travel. I was going back home after work, tired, sleepy, and I filled in the date on my ticket and accidentally entered a future date as I am so dumb I was convinced it was a different date. I was so convinced that I didnt even bother to double check in the calendar. When I arrived at the destination station, I was asked to show my ticket and the inspector checked it and told me, hey this is not today's date. He wanted me to pay the fine and I asked, is there any way to avoid this, as it's clearly been an honest mistake? and he said, yh I can take your details and the company will write to you to ask for your version. I thought, that is really fair!! I will give my version and then they will decide whether I have to pay or not!! Surprise surprise........"the company asking for my version" is a letter of intention to prosecute. I have already replied to them explaining what happened but I assume it is going to be useless. I have some questions, and I was hoping somebody here could help. I have read I could be prosecuted in 2 different ways (I copy and paste from another thread): - The most serious is section 5 of the Regulation of Railways Act 1889, criminal, requires intent to avoid fare, fine up to level 3 (£1000), or for second or subsequent offence can at discretion of court lead to imprisonment up to 3 months. - Railway byelaws (both sections 17 and 18), criminal, strict liability (no intent needed), fine up to level 3 (£1000) except byelaw 17 My questions are: - Will I know before going to court what law they are prosecuting me under? Can they change their mind at a later point? - If its the railways act, do they have to prove to avoid fare? I might have a fighting chance at demonstrating I had no intent of doing so. - If its the railway bylaws, then they dont need to prove intent. However is there any circumstance under which their evidence would not be admissible? The inspector was a 17 yr old bully and I believe he made some errors, e.g. wrote comments on my witness statement on a section that was meant for my comments, pressured me into signing, did not explain why he was taking my details and told me it was just 'to give my version' - Can I subpaena documents/CCTV for my defence? I am a fighter and will certainly not go down without a fight. At this point I dont care about the money. I only care about being turned into a criminal. I am most certainly not a criminal. I volunteer for two charities where I work with children and I need an enhanced DBS, so criminal record would mean no more volunteering. I am really shocked. In my country these issues are not covered by criminal law, they are covered by administration law and you would NEVER get a criminal record for such a matter. I don't know who had this idea but it sounds really out of proportion. Thanks for any help that you might give.
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