Jump to content

 

BankFodder BankFodder

Search the Community

Showing results for tags 'prosecution'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Campaign
    • Helpful Organisations
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV/Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - Please register
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
  • Work, Social and Community
  • Debt problems - including homes/ mortgages, PayDay Loans
  • Motoring
  • Legal Forums
  • Latest Consumer News

Blogs

  • A Say in the Life of .....
  • Debt Diaries
  • Shopping & Money Saving Tips
  • chilleddrivingtuition

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


About Me


Location

Found 79 results

  1. I'm later today(24th july 2014) to attend voluntarily that is for interview over allegation! All i can think to do is what i've always done & keep shtum,not a word! No mention of clamp removal leading to any criminal damage only that as it was held i'd in effect stolen it(my car hat is)! Can only imagine this will be one of some but to come in there hoards no doubt! Anybody de-clamped their own car since the new regs "Taking control of goods etc" came in april in regards to magistrates unpaid fines whereby stage 2 of £235 is added by bailiff on top obviously £75 compliance .Car was clamped notice on my window & letter through leterbox, spoke to guy declaring cannot pay all today but expecting as i was that very next day receiving more than enough can we sort something, abruptly no was the answer without consideration which at that stage, well anyway no money, no car so later that day car was to be towed final £100 on top for that. Simply hadn't been paid (again) for installs of energy efficiency measures (ECO energy companies obligation) which is a whole different [problem] for a thread of titanic proportions elsewhere, admittedly should have agreed some payment arrangement prior to enforcement stage, hold my hand up there til it aches but even on lists to do's time flew as it slipped time again my mind!
  2. Hello forum members, Today I got this NIP with date of 24/07/2014 and says that I have to fill it with my details and send it back to them. I read somewhere that this NIP would be only valid if I received it within 14 days since the offence was made. Can anyone explain to me if this correct ?? This is the first time I receive a NIP and I do not know how this works. The thing is that me and another friend rented a car to visit some places in England ( it was our first time) and on the letter it says that we exceeded the limit which was 30 mph and we were driving at 35 mph. Thank you
  3. Hi everyone, The reason for doing what I did was that I am struggling with money and I find it very humiliating to ask my husband for money. I recently delivered a baby, tried to change career, done some training and tried my luck as self-employed with the outcome that we would not pay the bills without my husband's salary. I am writing all this to convey that I feel bad about what I have done. On the practical issue: I am reading the other posters and would like to thank everyone taking the time to reply mine. My situation is as follows: I’ve been using mum's freedom pass on the underground and a PAYG on the overground. Done it for approx a month. got caught in first week of December. Never done since then. The LU inspector retained my mum’s pass and got a printout of the PAYG I was using on the overground (my journeys normally comprise travelling both an overground and underground). As it happens I trained as therapist and I am very concerned that this may go down on my CRB. This is additional to the fact that I have acted in a way which is morally and legally wrong, for which I feel bad about it. I didn’t sign the report as the inspector made me feel really bad and kind of abused me. I was called a piece of trash, told that I should be ashamed of myself and that I don’t deserve being a therapist and that he was not surprised I don’t have enough clients to pay the bills. The PAYG don’t have my name on it. They would need to have CCTV footage to prove it was me using my mum’s freedom pass in the other instances, and probably even in the instance I was caught they would need CCTV as I didn’t sign the report. I was caught in one of the big stations in London. I have today received a letter from LU. This is exactly the same letter sent to rosa2009. --------------------------- On (day) at (time) an incident took place at x tube station whereby you were spoken to by a member of London Underground staff regarding your train journey and the associated fare. The facts of this incident are now being considered and I must advise you that legal proceedings may be initiated against you regarding this matter in accordance with the London Underground prosecution policy. If you have any comments to make regarding this incident please write them on the reverse side of this letter and complete the information panel below, returning the whole letter in the freepost envelope provided which does not require a stamp, within 10 days. You do not have to reply to this letter but it may harm your defence if you do not mention something which you may later rely on in court. Anything that you do provide in writing may be used in evidence. Failure to respond to this letter may result in the matter being progressed by the London Underground Prosecutions Department without further notification." There is a box at the bottom of the letter where they ask to complete the following info: Surname, Forename, Date of birth, Address, Post Code, Telephone number, Occupation, Signature and Date. --------------------------- My preferred course of action is to settle out of court, avoid any CRB, pay my fair share, learn a lesson and move on. That would help me feel better about myself. I spoke to my husband about this and my behaviour, and that was helpful in getting him to understand how I feel about not being able to have an income. My preferred course of action would imply replying the letter, admitting my fault and ask to settle. My fear is that they may not have enough evidence against me because of the fact I didn’t sign the report and because there is no name on the PAYG I was using. If I reply the letter they sent, they will get the evidence they need and in case they are not co-operative I could end up in court and get a record in CRB. Finally in terms of questions I have: Do you think it is likely they don’t have enough evidence against me? Do you think they would offer me the option to pay an X amount of money without impacting my CRB? What do you advise me to do. Many thanks, Clara
  4. Just wondered if I could get out of prosecution after getting pulled up by RPOs from Southeastern for not having a tapped in Oyster card on Southeastern between 2 Oyster card stations. Rather brazenly I refused the offer of a penalty fare because I instead offered to go back to the station I got on and tap in, I told them I had no bank card or cash to pay the penalty fare. Therefore the RPOs started filling out a prosecution report and did a PACE interview. They ascertained I had £1.65 on my Oyster, the Oyster fare with my Railcard discount is £1.50, but they kept sticking to their line that the full adult single fare for a paper ticket is £4.00 so I had insufficient funds to pay my fare. I refused to admit intention to avoid the fare. I answered 'did you lie about having a bank card' with 'I refuse to answer that as you did not explain the context and implications of the penalty fare'. I answered 'do you admit if you hadn't been caught by us you would have avoided the fare' with 'no because there are barriers at the station I am leaving so I would have had to pay a non tap in fare.' Now I'm thinking of responding to the prosecution letter by restating that the RPOs are poorly informed on the Oyster fare with Railcard discount, and that I had not avoided paying the fare as I offered to go back to the station I got on the train at and the RPOs could have monitored this seeing as they got off the train with me at my destination, so were obviously prepared to invest the time to monitor the fare. I also planned to say my denial of having a bank card was on the basis that I was not under caution at that time and was entitled to negotiate on how to settle a civil debt in whatever way I like. I know there are a lot of risks with this approach, so I also wanted to get thoughts on what my chances are of offering to pay just a penalty fare and not a 3 figure out of court settlement or antagonising them enough for them to just prosecute.
  5. Hi, many thanks for your time, I am extremely sorry for what happened and grateful if someone could help me. Unfortunately I did not get the full coverage with my ticket for my journey to work which was a mixture of oyster card and train ticket, the oyster card should have been zone 1-6 and it was 1-2 instead and I had the train ticket for last 2 stations of my journey An inspector caught me, I gave him my correct details and I tried to explain I didnt know it was not correct and that I was very sorry. He also asked me more questions,like since when I did it assuming it was for 12 months, I answered I didnt remember honestly I didnt sign the report because im not english, I was very scared and not fully understanding After a month a received a letter from the prosecution department, for the second interview. I got this letter after two weeks as I wasnt home and now I am trying to call the inspector or the department but one goes to voicemail (I left couple of messages), the department doesnt pick up. I just wanna confirm the interview (which should be next week) and get the chance on the phone to say how deeply (and I'd add i am genuinely) sorry I am for this massive and shameful mistake. I dont know what to do, I have never had problems with law and its very shameful that I made such a awful mistake, I am already punishing myself enough so no need for nasty comments ((( I cant manage to talk to them even to confirm the interview and Im extremely worried I will end up in court with a criminal record which will destroy everything good I have done so far. I dont know much about uk law and I dont fully understand the legal terms. Please could somebody give me some tips ?
  6. Dear All, Just to put it on records, I was not wearing a seatbelt, and was driving, until I reached a junction where I spotted a Police officer on motorbike, as I turned the corner I decided to wear the seatbelt, and a few minutes later the police officer caught-up with me, gave me a ticket to pay the £100 penalty. Naturally, as a human nature I did not want to pay the fine, and requested a court hearing, and the courts dismissed the prosecution case, as although I was spotted not wearing a seatbelt, but when the officer actually stopped me I was wearing the seat belt, so no offence was committed. Overzealous, and meaningless prosecution, and waste of tax payers money.
  7. Hi everyone, I'm an international student who is not familiar at all with UK law system. I really really need your advice. Here is my issue: I was required to pay a penalty fare of 49.40 pounds for not being able to show a valid railcard when I was travelling with Southern Railway on 29th January 2014 I gave my debit card to the inspector who was on duty that day to pay for my fare and received a Penalty Fare Receipt Money was debited from my bank account on 6th February 2014. However, not until the due date for payment (18th February 2014) had passed did I realize that the money had been returned to my account on 7th February 2014. It turned out that there hadn't been sufficient fund on by bank account when I made the payment so the transaction wasn't successful. I am aware that I only had 21 days to pay for my fare and that legal proceedingts may be brought against me if the amount owing remains outstanding. HOWEVER, as I had been sure on the day that my payment had gone through and as I had been given a receipt (not a notice), I genuinely and honestly did not know that I still have an outstanding amount to pay for. Not until the due date had passed did I check my bank statement. Also, I was not aware of the amount outstanding because there has not been any letter advising of the outstanding sums that was sent to me and I have not been contacted by any one by any means since then . I think the reason is because I got a penalty fare reciept ( NOT a penaltay fare NOTICE) so they didn't record my details into the system. I'm not 100% sure but I remember providing my address in full to the inspector on a separate document ( Is it normal or do I always have to give my address on the receipt?) I was only required to sign but not to write my address on the receipt. I can assure that there was no signed confirmation stating that I refused to provide such info. As I assume that neither Southern Railways nor the Revenue Protection Support Services (RPSS) is aware of this unsuccessful transaction, I did contact both of them, both in writing and through the phone. However, both of them requested me to contact the other. The Southern Railway Customer Services said that they are not able to deal with any issues regarding penalty fares and advised me to contact RPSS. However, when I contacted RPSS, I was referred back to Southern Railway because they do not deal with notices that are paid immediately on the day. My details and notice code could not be found on both systems so even though I tried to, I could not make a payment to RPSS, neither online nor through the phone. At the moment, I honestly do not know what I should do, who I should contact and how I can pay for my fare. I already send letters to both of them last Saturday but I don't know how long would it take for them to process my case. The money still remains unsuccessfully paid after 2 months and I am very worried that a legal proceeding may be brought against me. So please, I need your advice. 1. Will I be prosecuted because it has already been 2 months 8 days since the deadline and my fare hasn't been paid? 2. The root cause was because of me not having enough money on my bank account. Can this be considered an offence and enough to be used against me although I was unaware? 3. I emailed Southern Railway on 23rd February, they replied and told me to contact RPSS on 10th March but not until 25th April did I call RPSS and Southern Railway again. Is this a big problem that I didn't call them right away? I was not sure about my rights as well as the regulations so it took time for me to research about it. 4. Who should I contact now to pay for my fare? As I've said before I couldn't do it with RPSS because I've already paid on the day and my penalty fare code needed for payment has not been recorded. Thank you very much for spending time reading this. and please help
  8. Hello can one of the transport guys please help me with my situation!! I was caught on 12 december 2013 using my friends student oyster card, and was caught. I received a letter yesterday saying that 'they may prosecute me'. I have decided to write an apologetical letter and asking for an out of court settlement. I Have not been using the card regularly, i would say i have used it twice, prior to that i have been using my student oyster(i regret for being ignorant of tfl laws and fully understand where tfl are coming from). Is it possible they could check that. And the lady who took my details only cautioned me after i signed her notebook, the caution was something like 'you are not under arrest...and you don't have to stay with me'. How relevant is this!! PLease need replys ASAP!!!
  9. Good evening, after having filed a stat dec last week regarding an incident that happened 3 years ago, I received a notice of new hearing yesterday. I am trying to get in touch with Southern Railway to try and see if they would maybe agree to an alternative arrangement out of court. Unfortunately I can't seem to find any contact details for them on the letter, nor on their website. Would anyone who faced a similar matter have a contact phone number or email for me to reach out to them?
  10. Hello, I would be grateful if some advice could be given regarding my situation. I am currently applying for a visa at the UK Home Office. However, they have just informed me that my visa application has been put on hold due to impending prosecution charges by South West Trains DRU. The Home Office has provided me with the summon reference and that I am charged with "Travelling on railway without paying fare on 29/09/13." I do not recall having received any notification of this from South West Trains. However, I do recall the incident on the morning of Sunday 29th September 2013: I was traveling with a companion. As we were in a rush to catch the train, my companion ran ahead of me to purchase my ticket. He purchased a zone 1-6 railcard with a Young Person's discount for me. We took the train from Kingston to Vauxhall. At Vauxhall, I was requested to show my Young Person's railcard. I then realised that in my rush I had left my wallet at home and my railcard with it (I do actually hold a valid Young Person's railcard). These details were all meticulously noted by the ticket barrier officer in his pocket notebook- at several points I had to dictate the line of events. Following that, I was let through the ticket barrier. For the remainder of my journey, I purchased the same zone 1-6 travelcard, but without any discount. I would like to settle this out of court and as soon as possible so that my visa application can be processed. Already I have not been able to leave the country for over 6 months, and this has affected my work. However, I do not have a letter of notification from South West Trains and therefore do not have any contact details. I have called IRCAS, and have been given a number to the prosecution department of South West Trains. But, for the last 3 working days that I have called them, I have been unable to reach anyone. There doesn't appear to be an answerphone set up either- I just get a message telling me to try again later. Does anybody know how I can get in touch with South West Trains regarding this? Thank you
  11. Hi there, I appreciate that a number of these type of posts probably get posted, but I think my circumstances are unique - or I'm just missing something. I received a letter regarding the failure to pay a fare, referencing a journey on 14/12/2013 and that I need to send the slip back and can provide written mitigation. So, the journey. I have a 18-25 railcard and have been using it for the past 6 years and so bought this ticket as a YP ticket without thinking. The journey is 3 changes and on the 2nd change (my ticket hadn't been checked) I realised that my railcard was out of date. So when I got to Manchester I intended to buy a railcard there and it'd all be fine, however I was booked on to a specific train, it was a Saturday and there was no where near enough time. So I spoke to one of the staff on the ticket barriers and just explained honestly that I'd just realised and what should I do about it (expecting to just have to pay the difference). He calls over 2-3 other people at different times, takes my ticket and a man goes off with it. The short of it is, he keeps my old ticket, issues me a new one (non YP railcard) for both journeys (at no cost) and says "get a railcard ASAP". Says there isn't a problem and just takes my details for reference or whatever. No mention whatsoever of having to pay the difference, a fine or a prosecution. I get to my destination and go to buy a railcard, it's a small one and the guy is busy, he says come back tomorrow. So I do and my railcard is dated for the next day. So where exactly have I broken the law? The station staff member said it was fine and surely all I would need to do is pay the difference? So, what do I write on this form? Do I just explain the above and offer to pay the difference? Because as far as I was aware (and there is no written or spoken evidence of them saying this would happen) there is nothing to sort out. Thanks.
  12. A short description of what happened:- Needed on Sunday 8th December to meet with Friends 1.00 at Finsbury park. Checked FCC website at 10.30 approx. - info was no train disruption and the 12.16 train from Potters Bar was running (est arrival Finsbury Par 12.38). Arrived Potters Bar 12.00 - train cancelled and next two were replacement bus services - earliest est arrival at Fins Park ~ 14.00! (also at this point I overheard someone who had purchased tickets saying that ticket were valid on LT for the day) Left station and phoned my wife requesting lift to Cockfosters - which she did. At Cockfosters I purchased (an LT) ticket at £8.90 - a travelcard to get to Finsbury park - arrived 1.20 this way. (Note that my wife giving me a lift saved the £2.40 additional bus fare from PB to Cockfosters) (For those not familiar with the area Potters Bar is outside North London and served by FCC train to Finsbury Park - Cockfoster is 4 miles into London and top of the Piccadilly line) Spent afternoon as planned and returned to Finsbury Park~ 18.00. Trains were now running to Potters Bar and I used FCC to travel back to Potters Bar (Yes - using the ticket I had purchased from Cockfosters) Needles to say I was stopped at PB and told ticket was not valid - I argued the point refused to pay the penalty fare - at this stage they would not take or even look at my travelcard. They took my details and during this a second inspector snatched the LT ticket from my hand saying - needed as evidence They retained the ticket pointing to a bye law that stated any ticket issued remained property of the rail company. Have now received a letter from FCC stating intention to prosecute and asking for "my side of the story" I believe that normal custom and practise whenever there is service disruption is to allow interchange of tickets (FCC-LT) - and I have already payed a higher ticket price than I normally would have - hardly fare evasion! Please advise best way to progress
  13. Hi, I am being prosecututed by TFL/national Rail for failing to have funds on my Oyster card. An inspector asked for my Oyster card when coming off the train and to my suprise I had no funds on it. The previous day, I had bought a weekly 1&2 travel card from a newsagents that was to be put on my card. Before they could do this, I was told I had £3 outstanding to clear. I cleared this, then paid with my debit card, for the weekly travelcard. So when I was told by the inspector I had no funds I was shocked, but thought olk I have my receipt. I showed them this but was told it was not the correct one. You need two which I did not have; the one I had was for the visa charge. I told him that a mistake must have been made at the shop, as I had the exact price for the 1&2 on my receipt. He said this could be for anything! I asked him how much does a weekly 1&2 cost, and he claimed he didn't know! I said you really don't know how much a weekly costs and you are an inspector!? He really was being as awkward as possible. To cut a long story short, he wanted me to pay an on the spot fine which I did not have the money for as I was on income support, and the travel card I paid for was a lot as is, at the time, and he insisted I intended to travel without paying when I had a receipt that showed that I had paid, but not the exactly correct one, and I did not intend to do so. The shop that made the mistake, put the funds back on my card when I went back I showed them my receipt and apologised; But now I am being prosecuted for this, as when they writ to me to get my view, I explained the situation, sent them my visa receipt but they still want to go ahead. So, do I risk a criminal record? Can I get the shop to write a statement on my behalf? On the summons form it says if I plead guilty it will cost me around £160.00! It seems so unfair when it was the shop that made the mistake not me. What is the best course of action, as I cannot afford a lawyer, and I have never been to court before and don't really have the money to pay the fine as I am on income support again. Do I have no chance? Thanks, Paul
  14. hi just came in from work and ive got a letter from tfl prosecution policy saying i was on a bus on monday but it wasnt me as i was indoors that day , how do i go about this would it be better to ring them or write back and has this happend to anyone else before? I want them to send me CCTV images of the guy as i think i have a idea of who could of used my details would they do this i dont want to end up getting a criminal record when it wasnt even me on the bus.
  15. I have recieved a notice from the revenue collection agency giving me the opportunity to report on my incident. I was at Marylebone station on my return leg (outbound went without incident). My ticket wouldn't go through the turnstyle (as is often the case). when I presented it to the railway staff I was questioned about the date I had entered on my Carnet ticket. I have a biro pen which does work on these tickets and to me the date was pretty clear. Although I did not in any way change the date, my ticket was seized and I was given a warrant to travel/notice of ticket irregularity (after a fairly lengthy 'professional' debate i.e. no abusive language or threatening behaviour etc.). The customer services department for chiltern railways undertook an investigation and they believe the date to have been changed also. The date on the Carnet ticket and date of travel was the 19th and the claim by chiltern railways was that I had changed the date to a 19 from an 11. I expect to receive a summons. Can anyone offer any advice? It is my word against theirs and I have to reiterate here - I did not change the dates on the tickets after they had been entered prior to getting to the station platform.
  16. This question relates to Criminal Law and is applicable to myself. I do not want to go into great depth on a public forum for obvious reasons. A summons shows an incorrect Date of Birth for the defendant. The taped interview clearly indicates that the person interviewed gave the correct date of birth, and this was recorded correctly in the transcribed file, however all correspondence from both the Courts and the Prosecution show an incorrect DOB. I have attended a hearing where I told the Court my DOB.......................no one has noticed the error, including me up until now. Does having the incorrect DOB on all the paperwork have any implications for the Prosecution? How can they be sure that they have the correct person? Any advice on this matter would be appreciated. I do have a Solicitor, but will not be meeting up with him for a few weeks. I'd like to get a rough handle on this situation. Many thanks
  17. Hello all. I'd greatly appreciate any help you may be able to offer on my situation. I was travelling from Motspur Park to Wimbledon, without having touched in, as I was running for the train, and just managed to enter it on time. At Wimbledon, a revenue protection officer inspected my oyster. I have a Zones 1 - 3 weekly travelcard. She was about to issue me a Penalty notice, for which I was ready to give 20 pounds for, when she pulled me to one side and said she would actually like to take this more seriously. She asked for my address and details, which I gave, and confiscated my oyster card. I know I did a big mistake, and I am so so remorseful and sorry for what I've done. I apologise to SWTrains and will never ever do this again. Because I've had 2 penalties in my past and my details are in their database, I think they are taking this quite seriously, also because of the fact I have a "weekly" travel card. I would desperately like to avoid court, and any sort of criminal investigation/record, because I am a musician who travels very frequently and having something on my Criminal Record would jeopardise this, and as I work with children and in orchestras, this would heavily be destructive to my career and my life. I am so stressed and worried, am in a complete state, and a big mess. I know it's my wrong and my fault, but the thought of the traumatic experience that awaits me, reduces me to tears. I am wondering therefore, whether this has a high chance of going to court, and whether you might think there is any possibility of negotiating a settlement out of court. (considering the past penalties). I would like to add again, that I know I did a foolish mistake. It's just that sometimes I don't need to go all the way to Motspur Park because that's where my parents live, so it made more sense to just buy zones 1-3 and touch in and out for the zone 4 extension. I'm worried that with my oyster history of weekly zones 1-3, the prosecution team will think that I am a serious repeat offender, and a fare evader, given my past 2 penalties. Please help, and even waiting for the 2 months for the letter from them seems an impossible task right now. I'm having trouble sleeping, eating, and can't carry on with my daily life with this going on. I'm really sensitive and these things really affect me living my every day life. I actually am performing tonight and am worried how I will pull through. Please help! If I go to court, whatever happens, it will be extremely traumatic for me , I would rather not have to live through that. If this can be negotiated with a fine, I would be so happy... Thanks.
  18. Hi, I'm looking for some advice. A few months ago I went through Green Park Tube without a valid ticket, I was stopped and explained the situation to a staff member who issues me with a pink slip. There was no mention of a penalty being issued or anything else and he explained to me at the time there would probably be no further action taken against me as I'd never offended before and he was happy I regularly do pay for my travel (I commute to work every day through the underground). Speaking with a ticket inspector on the overground yesterday after purchasing an off peak ticket by mistake, he ran my name and advised me I had a charge in the "prosecution" bracket in relation to this incident. After researching I've came across a company called IRCAS who seem to handle all of TFL's fines etc. I've not been successful in trying to locate a telephone number to call up, I've never received a letter from them and the slip I was handed in the underground had no information about a penalty being applied. I've tried to contact IRCAS through their website and will send a letter on Monday. I'd have happily paid the fine if I was aware of it however... The positions I work in require advanced security checks including enhanced CRB's, CTC's and the like. A prosecution would likely result in me losing my job. All over £3.60. How would be best to approach this?
  19. My brother is being prosecuted for benefit fraud he had been claiming dla higher mobility for 10 years. He suffers from asthma, osteoarthritis and high blood pressure. He was granted the higher rate mobility so he got a car. He worked as a driver for a steel company he did not have to do a lot of work with carrying etc. He took his pain killers and was always in pain his wagon was only 11 foot long not a big one but he struggled with getting in and out of but did it to look after his family and keep a roof over their heads. His knee does give way often and he has fallen from his wagon twice with his knee giving way under him. Now the manager of the place where he worked told the dwp that there was nothing wrong with him, but how do they know they only saw him 1-2 minutes a day and only been there 12 months The lads always called him slug because he drags his leg and shuffles his feet to walk and they were always taking the mickey out of him. The guy has done this doesn't like him and it was obvious too. My brother does have mobility problems but tries to keep it to himself as he just gets on with things. His car was took off him last year and it was over a year ago since he was interviewed and now it is at court. Our solicitor has told him to plead not guilty as he does have problems and the fact that they say he has not told them the changes in his health but how can he tell them that when he has gone worse over the years. Also his condition fluctuates so he has good days and bad days. After a day at work he would go home and be asleep before his tea was on the table and he would and still does cease up. They are advising to take it to crown court for a trial I am wondering if anyone has been through this and if you think he should go down the path the solicitor has advised.
  20. Hi everyone, firstly thanks in advance for any advice or experience you're able to draw on About 8 months ago my friend started catching a train to and from outside zone 6 by 1 stop. He has been travelling using an oyster card on a zone 1-2, and because he has not needed to swipe in or out at his local station, it's never caused him any issues. He has therefore also been paying £112 a month. This morning he was caught by southwesttrains inspectors (he assumes thats what they were) who took him off the train and cautioned him, then asked him a lot of questions (in quite a forceful manner), without showing him a badge or ID, and always remaining adamant that he should answer, even when asked if he could remain silent. They took various details and essentially tricked him into admitting guilt or fair evasion because he hasn't paid the full amount for over a month. They took his home address details, phone number, oyster card number. Through stupidity and ignorance (which apparently never go down well) he was genuinely unaware he needed a larger zone oyster because he actually only swipes in and out within zone 1 and 2. After the caution he was told it would be given to prosecutions dept and he would receive a letter asking him to come in for questioning, likely followed by a court summons. We sat together just now and worked out that in total (again through accident) he has evaded about 650 pounds (the difference between a zone 1-6 monthly and a zone 1-2 monthly, multiplied by the amount of months he has been living at that address. They apparently made it sound very serious, throwing words like 'fraud evasion' round and also suggesting they may have to go through CCTV to get records of him not paying. I know it's taken on a case by case basis, but has anyone had any experience of anything like this? He technically is guilty I guess, but being young (22), ignorant, and with a career ahead of him, is there no way of avoiding a criminal record? The most we could find online was 'penalty fair of up to £1000 and criminal record'- I'm fairly sure he'd gladly take out a loan to avoid criminal record because it would destroy his career. How bleak is this situation for him? (Please don't just reply saying he was an ignorant idiot because even though Ive now told him that, he could be in real trouble here and is freaking out a little! Many thanks
  21. Hi all, newly regsitered so hope you can advise.... i received a letter from the masgistrates court today for non payment of a £961 fine. It's the first notification i've had of this so obviously i'm concerned. i spoke with the court and thet said it relates to identifying in Oct 2012 an invalid licence held for a vehicle i sold nearly 3 years ago. They also said that the DLVA had today sent them notification i don't own the car. I now have to go to court tomorrow to do a statutory declaration which i am apprehensive about, and they informed me that the DVLA may re prosecute depending on the outcome. As i sent my forms to the DVLA when i sold the car i don't really know where i stand. None of this is my fault and i'm angry that the first i've heard of this appears to be incredibly harsh, and now i have to go to court at short notice! Any advice would be much appreciated...
  22. Hi all, I have read up on some threads about fare evasion in general and felt that it would be useful if some experts could advise me on my specific case. So to lay it out - my girlfriend graduated last year and has been jobhunting for a while. She obtained a temporary job which required regular travel and i thought I could let her use my student oyster (she paid for travelcards herself). I personally used a PAYG oyster as I prefer to walk/cycle when the weather is nice and only tube when the weather is horrible. Obviously, she was caught at the station with my card and was informed that we would receive a letter from TfL soon and face prosecution having signed a statement of some sort. We realise now how stupid it was and would never do it again - a criminal record for a new graduate in the current climate would really ruin our lives. I should mention that this is a first time offence if it's not obvious. As i understand, we should soon be receiving a letter for TfL and a court summons shortly after. I intend on writing to the prosecution manager as soon as possible with an apology and hope that TfL will not continue with the prosecution (it's in my opinion that the prosecution would probably be successful. It's hard to deny that she was using my student card when it is linked to her bank account payments, as well as regular travel) Could you give me any advice on how to proceed? Specific advice on how to write the letter and what to include would be really much appreciated - what would construed as "exceptional circumstances" (referring to tfl.gov.uk/assets/downloads/revenue-enforcement-and-prosecutions-policy.pdf, section 8.3(e)? Any advice I would be incredibly grateful for. EDIT: Edit with details of questioning by the inspector: She was taken aside by the ticket inspector and was asked to show a valid ticket - she showed my card She was asked who's card it was - answered that it was mine and admitted that she had been using my card She was cautioned about upcoming questions Ticket Inspector asked questions, noting down questions and responses as follows: Do you realise you're not supposed to use someone's card? Yes - realised, but didn't realise seriousness of consequences Do you know it's an offence not to have a valid ticket? Yes What was your previous card for travel? Student Oyster card and recently graduated Do you have another card to use? No How long have you been using the card? November but unsure. Asked again who's card it was and reason for having it - boyfriend's card and used it because he began to cycle What is your occupation? Temporary work having recently graduated I'm not sure if this can help in any way but I thought the additional information may be useful to get a better idea of the situation.
  23. I'm shocked and scandalised!!!! I see that a tax-payer funded organisation which is a crucial part of the British justice system is deliberately passing itself off as a private parking company!!!! In case you don't know, Passing Off is a tort at common law and means that you gain an unlawful benefit by operating your business in a way which can make people think that you are another business - which is more respectable and more worthy than you own. Passing off happens when you present yourself in such a way that consumers are confused into parting with their money because they think that you are someone else. Passing off is about competing unfairly by trading off the goodwill of someone else's business. Geddit? Now I see that the Crown Prosecution Service is trading of the hard-earned goodwill of that nice Private Parking Company - UKCPS. It is shocking!!! I can imagine that many criminals or accused persons only bother to pay their fines or do their stir or even just turn up at court because they think that they have been commanded to do so by UPCPS - when in fact if they realised that it was simply the United Kingdom Crown Prosecution Service, they probably would have simply not taken any notice. (And quite rightly) I expect that you find this all so unlikely that you don't believe me????!!!! Well check it for yourself. If you Google "UKCPS" you will find that the Crown Prosecution Service have cunningly opened a Youtube channel called UKCPS. Anyway, just for clarification, here is the truth:- UKCPS (Parking Service) and UKCPS (Prosecution Service) Right. Hopefully no one will be confused anymore
  24. No, of course not. They have nothing to do with the Crown Prosecution Service. It is just an unfortunate coincidence that their initials UK - CPS are the same as the CPS. I expect that they never realised until after they chose their name, and it was pointed out to them. In fact, maybe no one has yet pointed it out to them and so that they still don't realise the remarkable similarity. I'm quite sure that it would be a completely unintended consequence if anyone had received a PCN - P̶e̶n̶a̶l̶t̶y̶ ̶C̶h̶a̶r̶g̶e̶ ̶N̶o̶t̶i̶c̶e̶ - Parking Charge Notice - and had felt pressured to pay it because they thought that it had been issued by the United Kingdom Crown Prosecution Service. And anyway, that would be too silly. I suppose it is a very similar coincidence that Parking Eye found themselves in when they inadvertently chose stationery with black and yellow chequered borders which happened to give the impression to some silly people that their P̶e̶n̶a̶l̶t̶y̶ ̶C̶h̶a̶r̶g̶e̶ ̶N̶o̶t̶i̶c̶e̶s Parking Charge Notices had some sort of official status - even though this getup was criticised by the Court of Appeal. Amazing number of coincidences in the private parking industry, really. Luckily they are all just coincidences - otherwise they would all be right scallywags, wouldn't they.
  25. I've received a notice of intended prosecution from Surrey Police for doing 71 in a 60 zone in Puttenham, Surrey at 11.32. The problem is, I was 240 miles away decorating my daughter's bedroom, in York, with my dad. The car registration on the paperwork is mine. The car make (Seat) is correct. I have evidence of where I was 2 hours later in the form of a debit card payment and receipt (we took our girls to The Chocolate Story in York - well worth a visit in case you're wondering). I'm assuming that the reg has been entered manually, and incorrectly, and "the allegation is supported by means of photographic/recorded video evidence" according to the notice. So I'm confident it'll show a different car. Not sure what to do though or how to go about dealing with this. Can anyone offer any advice please.
×
×
  • Create New...