Showing results for tags 'prosecute'.
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Hi my son just received the above letter from Essex Police. Location was M25 Epping nr M/Post 5563b anti clockwise on a special road ( namley M25) between J23-27. at 12;42 on 4th May he was doing 62 in 50. He was driving and on his way to Luton Airport. I asked him about his speed and he said he was following the speed of other cars on the road. He also (assumed) that the M25 was a 70mph. To be honest,do many of us actually check our speed if we know we are doing less than 70.Its not an area he knows, and also i know ive probably driven up that part of M25 but cant say i took notice of any signs on side of the road. So any advice on what they might do. will it be points, D A C or a ban? he is worried due to driving a co van for a living.
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Hello, all Today I received an intention to prosecute from Thamleslink railway in relation to an incident some weeks ago. To provide some background, I was having a pretty forgetful few days... I left my coat & gloves on the train, forget my suit when attending a wedding and in relation to this post, I forget to get a train ticket. For context, I was extremely sleep deprived as I recently became a father for the first time and was under a ton of pressure. At around 6am, I arrived at my train station late for my train which I was under pressure to make as I had a job interview (the company I work for has been recently bought so I don't have job security & I have bought a new house). I use carnet tickets where I fill in the ticket with the appropriate date. I had forgotten to pick up a new blank ticket that morning and proceeded to use an old ticket unintentionally to enter the barriers and board the train (I didnt check). I suddenly realised the mistake I had made and in my panic, I changed the date of the old ticket to the day of travel. I appreciate this is an error of judgement but in my haze of sleep deprivation and panic, I made a bad choice. A revenue inspector asked me to produce my ticket, which I did and he accused me of changing the dates. I attempted to explain myself and convince him it wasn't premeditated but he informed me of rights and took my details. I admitted my mistake to the officer and admitted to changing the dates. This is my first caution and I am now obviously worried about the outcome (fine, criminal record, prison sentence etc). I am obviously happy to pay a fine as I did a bad thing but I dont want to lose my job over this. I have tickets to prove I had a blank ticket at home and have never done this before. My offences are listed as; - Altering a ticket with intent - entering a train for the purpose of travelling without a ticket Any advice on how I should respond to the prosecution letter and guidance on what penalty they could impose would be appreciated. Thank you so much.
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Dear all, I have recently received a letter of intention to prosecute due to an offence that took place in November. I had decided to try riding the train without buying a ticket as I had realised that there where no barriers at the station near my house and the barriers where always open at my University station(Incredibly stupid I know). I was caught by I believe a loss protection officer for southern rail, who took my statement and cautioned me. The issue being that I panicked and lied to the loss protection officer, claiming that I didn't have time to get a ticket at the station and was in a hurry. I understand from reading other posts here that the best course of action is to send a politely worded letter, offering to pay a fine so as to avoid prosecution. My question is, what is my best course of action? To tell the truth in my letter, or to repeat the lie I told the loss protection officer? The offence listed is : failing to hand over a rail ticket for inspection. Thank you in advance.
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Hello,, Today I received a notice of intention to prosecute from Govia Thameslink Railway after an incident on Northern Rail back in January. I am extremely extremely worried about this incident and it is causing me great upset. I have read around on this forum and have prepared my response below to the notice of intended prosecution, please can you offer any advice on what I should / should not included and also indicate what the repercussions of this could be? Is there anything else I should do like ringing them etc? Any help is massively appreciated! RESPONSE: Dear Sir/Madam, I offer my most sincere apologise for my shameful actions in this case. In all other circumstances of my life, I had until this point - upheld a strong degree of integrity and character. As a young lady starting out my career, a criminal record would completely devastate my current and future employment prospects. I’m in my first job working in London and had been using carnets to travel to and from work. During the week of the 8th January, I was in the midst of moving house and with everything going on more stressed than normal. On the 10th January, I caught an extra early train at 6:21am from Letchworth Garden City to attend an earlier-than-usual meeting. Due to it being much earlier than I would typically travel, I hadn’t prepared a carnet beforehand like normal, but instead planned to complete a blank one on the train. In complete stupidity, I didn’t check there was a blank one in my bag and whilst on-board, I realised to my horror I had forgot to pack the empty carnet. In panic, I searched through my bag and could only find a previously used carnet. In a complete error of judgement, I stupidly changed the dates on the carnet to the 10th January. This was a terrible thing to do and I am extremely ashamed of my action. Upon arriving at Kings Cross, I was questioned by the ticket officer and at which point, I admitted whole heartedly to what I had done, apologised profusely and explained the circumstances. The officer thanked me for my honestly telling me he would leave a mark on my file, but advised he would have to report the incident. I made a grave mistake. I have never done anything like this before and certainly will not do anything of this nature again. I am extremely sorry for the way I acted and the damages this action has caused others. I am more than willing and able to make immediate payment to cover the unpaid fare and any other damages or administrative costs I’ve caused. I’m also happy to sign up to an annual ticket so this event can never happen again. I appreciate your consideration in this matter.
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And Hello everyone, I have just registered on the Forum and this is my first post! I was hoping to pick your brains a little regarding a similar issue I have found myself in. I have travelled from St Pancras to St Albans on the Saturday just gone. My partner and I have stupidly used my bank card - thinking that St Albans was still covered by the London zone! It's a complete mistake on our part which I have admitted to the staff at St Albans station, and apologised. I have asked if it's an option for us to purchase a ticket now (hoping they would exercise the discretion) which they have not. In fact, the first officer said that I ought to pay the penalty of £25 which I thought was too much (given the standard penalty is £20). I have simply asked him to explain to me why it is more than £25 pounds. At the same time my partner was speaking to the second officer who said to him that he can pay the amount £11.80 now, and the rest he can appeal later. When I heard this, I asked "my" officer if I could pay the same to which he said no. I asked why that was the case but he just said that was up to him - essentially charging me more than my partner, and for the same offence. I though it was not fair, and refused to pay the £25. He automatically started filling in the MR 11 notice (the "witness statement"). I had no idea what that was, and asked if he could explain which he just said - this is a legal document. I asked if he could please confirm that he is indeed entitled to serve this to me - I asked for his employee reference number and to show me a badge with his picture on. He told me his employee number, and refused to show any documentation to support it and said that I would just have to believe him. At this point I said I would rather pay the £25 penalty fare (I did not understand the MR11 but it sounded scary), but "my" office said that it was too late. I suspect I will be receiving the notice to prosecute very soon. My question is whether I should wait for it to arrive, or should I contact the Prosecutions department now, before the notice arrives. I never not wanted to pay the penalty fare, I just wanted to be treated in the same way my partner was - i.e. pay £11.80 penalty fare rather than £25. I still want to pay for the journey I made/penalty fare, but I can't do that via Thameslink Customer Department (because Penalty Fares Department is independent to GTR). I would be grateful for your thoughts, Many thanks in Advance Majka13
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Hi Everyone, I do hope I canget some help, I have red many posts and the work you guys do here is great. On 18th August I got stopped by a Revenue Protection Officer. I always buy a weekly Zone 1-4 travel card which is fine as I live in zone 4 sometimes when I sleep at my girlfriend’s house (who lives in zone 5) I do not beep in at that station but beep in at Finsbury Park. The ‘officer’ saw me beep in at Finsbury park and took my oyster card and I gave my details... .. and said I’ll receive a letter, he explained that they just want their money back I was surprised and scared that this letter arrived stating their intention to take me to court, this will ruin my career opportunities and I did not realise the severity of my actions. – I will never do this again but I do not know how to reply, I want to settle this out of court. On the letter the details of the 9 offences each are: • having paid the fare for a certain distance, knowingly and wilfully proceeding by train beyond that distance without previously paying the additional fare for the additional distance and with intent to avoid payment thereof or do I ask for their evidence? Does this mean they can prove 9 times I didn’t pay for the extra zone charge? I just want to settle this out of court I know it will cost but I will pay whatever it is even though i am an apprentice on minimum wage. Please someone help me. I need to reply to the letter by next week Kind regards and many thanks in advance.
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I am worried sick about a problem entirely of my own making. I arrived late at a train station and instead of buying a ticket and waiting half an hour for the next train I got on the train coming in without a ticket. I was found without a ticket and my details were taken down. Now I have an intention to prosecute letter. I am terrified of the consequences of my foolish, impatient actions. I realise prison is probably unlikely but I now know I could end up with a criminal record if I am prosecuted in court. The 'charge' stated in the letter is 'failing to hand over a rail ticket for inspection' which seems to fit two pieces of legislation. The letter asks me to write back within 21 days with my version of events but I have spoken to three solicitors who say not to, as this will incriminate me. Another said to write and that I didn't need a solicitor unless I got a summons. I don't know what to do: to write and explain, underlining how sorry I am and how I would like to resolve matters out of court if possible, or whether I should let a solicitor try to liaise on my behalf. I am worried that not replying myself as specified in the letter will mean Govia look unfavourably on me. However, I can't write to tell what happened without incriminating myself. I work for the NHS and am terrified that my hard won career will be over in a flash because of my rash actions. I would be very grateful for any advice you can give.
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I want to make clear I am NOT offering legal advice here - I wish to draw people's attention to an area of law that the general public are often not aware of - but the DVLA exploits this lack of knowledge to often bully people into submission for the vast majority of their fines. I have seen countless examples on here, and I myself have also been on the receiving end of it, and the routine typically goes - 1. DVLA threatens to prosecute driver for alleged offence (late licensing penalty, keeping an unregistered vehicle on the public road, various offences under VERA, etc.) 2. Initially they scare the person by claiming that they could be subject to all sorts of criminal penalties and maximum fines if found guilty 3. Then they offer some reduced out of court settlement offer that if you pay on time will let them agree to close the matter 4. Some people scared pay up immediately, others who begin by making their case only continue to be threatened and ultimately pay in order to avoid the fear of going to court In the vast majority of cases the result is the same - the driver gets fleeced by the DVLA. What I want to bring to your attention is that all offences DVLA can/threatens to prosecute people for in relation to vehicle registration are SUMMARY OFFENCES. Please do not be confused with motoring offences prosecuted by the police such as driving under the influence, failing to name a driver, etc. as these can be either way offences. SUMMARY OFFENCES Under Section 1 of the Magistrates' Court Act 1980 proceedings for a summary offence must be commenced within 6 months of the alleged offence being committed. In my case they contacted me last November threatening to prosecute me for an alleged VERA offence that took place in January (11 months prior). I told them that despite the fact that I protested my innocence they would not be able to prosecute me as they had not commenced proceedings within 6 months for this Summary offence, so I would not be entertaining their allegations. I continued to receive threats for a while but ultimately they shied away and said the case had been closed giving no reason - the reason was because they knew all along they were unable to prosecute me at that time and their threats were nothing more than hot air trying it on to try and extract some money from me. In a great number of cases I have seen people post on here the offence being alleged occurred much longer than 6 months ago and they are still playing ball with DVLA who are simply trying to get them to fork up for something they no longer have any authority to prosecute. LIMITATION PERIOD - 6 MONTH RULE I have to make it clear that if DVLA are contacting you within 6 months of the offence they are alleging then please do not misunderstand what I'm saying - DVLA can and do prosecute people where they are able to AND THE TIME LIMITS APPLY! If however you are like me and many others on the back end of DVLA's inefficient backlog, and they are contacting you about an allegation that occurred more than 6 months ago then keep in mind they are now statute barred from bringing any prosecution against you so their threats are effectively lies to get you to pay them as there is very little action they now have the ability to take against you. In this case, I would always simply tell them that I'm innocent however as the limitation period has now expired for them to commence proceedings against me I will take any further threats of prosecution in these circumstances to be false statements and I will not be entertaining this matter further.
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Good afternoon all. I received a Notice of intention to prosecute from Govia Thanes Link. The offence was exiting a barrier in an incorrect manner, although they have also included entering a train for the purpose of travelling without a ticket entitling travel. I was on my way back from london with my other half, her ticket worked fine at the barrier, mine didnt. We were rushing for our connection so I just pushed through. I did have a valid ticket which was inspected and handed back to me by the revenue protection inspector at Kings Cross. The letter is extremely worrying stating that they intend to take me to a magistrates court , I could end up with a criminal record, a £1000 fine, Prison, Suspended sentence, Community service, Compensation, Costs etc. Whilst I admit I did push through the barrier, I didnt cause any damage, this was written on the statement i gave, but I did have a valid ticket. This was a month ago, now Ive just got back from holiday to this letter. They are asking me to give my account of what happened which I have already typed out. Im worried sick, any advice welcome. Thanks Roger
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Hi everyone I imagine, like many others, I stumbled upon this excellent forum having received this letter and diving onto Google. I’ve been reading a few posts from years past and taken on the advice there. I also entered into a thread elsewhere within the forum (I'm unable to link to it due to new member status) and use the template provided as a base for my own response, which is also contained below. THE DETAILS The letter reads: On Tuesday 14th April at 11:40 your details were taken by a Revenue Protection Inspector en route near Denmark Hill station, on board the 11:20 train from West Hampstead Thameslink station to Sevenoaks station. Proceeding paragraphs outline cost of travel fraud to rail industry and details of potential penalty for offenders. Alleged Offence: Entering a train for the purpose of travelling without a ticket entitling travel. NOTES For reasons unknown to me, my first name is printed incorrectly, it is wrong. My middle and last names are correct. During the encounter, I provided ID upon request. I’ve noted this in the letter below and presume(?) this to be of little consequence to the matter at hand. I’m super unfamiliar with trains and buying tickets in general. I cycle everywhere. On this day, I was visiting a friend for the first time at their home way out somewhere I’d not been to before. I punched the address into Google Maps and followed that route. I purchased a paper ticket from Victoria to Bellingham. I subsequently missed my stop without realising. I realised this once it was noted I was beyond my stated destination by the RPI. The paper ticket was retained by the RPI, my bank statement shows a £7.20 purchase on the 14th April. I was considering attaching this as supporting evidence. My friend whom I was visiting works alongside me. I was considering he write a supporting letter to be attached on company headed paper (intention being to make it more official and believable), confirming my intentions on that date to visit him, collaborating the address – this would be to clarify I was not attempting to travel somewhere further, which would have cost more, and thus purchased a cheaper ticket with intention of paying less. Hopefully that makes sense. I think that is all the information I can think to provide, please feel free to request more. My intended letter is provided below, please feel free to review and suggest amendments. A super long post I know; I’m not particularly rolling in money and the thought of paying out sucks. Be sure to know that any advice you guys provide is extremely welcome and thanks so much for taking the time out to read all this. Very much appreciated. THE LETTER To whom it may concern, I write regarding the letter received concerning the occasion on 14th April 2015 at 11:49 when I was reported for travelling without a valid rail ticket. I firstly would like to amend the name attached to the matter at hand where it should read: D****rather than the current G****. I can offer no assistance to this error having provided supporting identification upon request by the attending Revenue Protection Inspector in the form of VISA DEBIT card and my place of work Identification Card which provides full name and photo. My final destination during this period of travel was **ADDRESS**, a work associate’s home whom I was visiting for the first time. This is pertinent as it reflects my intended destination in relation to the encounter with the Revenue Protection Inspector. I additionally attach a supporting letter from this associate, **NAME**, confirming my intention to visit him on this date and time. My intended route to this destination was from Victoria station to Bellingham and a short bus ride thereon. I purchased a return travel ticket from Victoria station for this specific destination. (I provide additional proof in the form of bank statement where date, time and cost can be measured against this statement – I no longer retain the travel ticket as this was confiscated by the Revenue Protection Inspector). Being an inexperienced rail traveller (I cycle daily) I lost myself to both music and reading material and subsequently missed my stop; I was unaware of this. I was confronted by a Revenue Protection Inspector at the station Shortlands. I attempted to explain my mistake and made offer to both pay for any additional fares I incurred or on-the-spot-penalty. Both were declined. After providing personal details upon request, both myself and attending Revenue Protection Inspector exited the train at the station St Mary Cray. Curiously, it appears a ticket purchase for the date Tuesday 30th June via the website thetrainlineDOTcom for similar travel times as mine on the 14th April offer a lower price of £6.90 than that of the £7.20 I actually paid for my intended destination. Understanding that I was ‘out of bounds’ in regards my ticket and the destination printed upon that ticket, I do feel that my intention to travel in accordance within the rules of travel – that I have indeed purchased a ticket, that additionally my supporting materials collaborate this with evidence of purchase and intended destination, that I did make a simple mistake. I wish to offer my unreserved apology for my actions in the hope that you will allow this matter to be resolved without court action and thereby allowing me to preserve my good name. I have not previously been reported nor travelled without paying the fare due I understand that fare evasion is a serious problem and unfair to the vast majority of travellers who pay the correct fare every time, I hope that you will recognise that I did genuinely make an honest mistake and did not with intention, attempt to avoid payment for my journey. I am offering to pay the full fare that is due and the reasonable costs that have been incurred by the rail company in the hope that you will allow me to make amends for this uncharacteristic act. Yours etc. Should that last paragraph be included? I'm unsure what route to take here as the above was written in supprt of a different scenario as mine..
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Hi, I hope you can provide me with some advice. I have just received an intention to prosecute letter from Govia Thameslink Railways. Offences listed are: giving a false name & address & entering a train without a ticket. They are asking for my side of the story. I feel really scared about this! I always travel with a Zone 2-5 travel card & use the tube & overground, not rail. When I come into Zone 1 on the tube I always have approx. £10 on extra just in case & if short, just keep topping up the £10 when it prompts me at the barriers. I went out with my partner after work and came back on Thameslink from Blackfriars to Kings Cross. I didn't really take much notice & assumed it was like the Overground. My oyster card did not beep at the barrier & I proceeded assuming I had the required amount to cover me for Zone 1 travel. Arriving at Kings Cross my oyster card beeped at the barrier & I asked a member of staff where I could top up my card. I was then passed to another member of staff to one side and that is when it all went wrong.... The officer was a very poor communicator & coupled with my rising panic and stress levels it was a recipe for disaster. I heard the words '£20' penalty, caution, prosecution and panicked. Two other officers joined in and were not helpful. I couldn't understand why they couldn't explain the full process to me & my options and I was adamant that I would not pay a fine when I had nothing wrong. I had no intent to fare evade and it all seemed complete nonsense. I explained that if they looked at my oyster history they could see my travel patterns which would corroborate my story. The officer started filling in a form and was asking me to sign & pay & I refused. He asked for my name & address as it was a prosecutable offence & In a moment of madness I gave him a false one, however I told him it was a false one at that time because I didn't feel I should be prosecuted when I hadn't tried to evade paying my fare. After nearly 45 minutes of heated discussion I asked them to call the transport police, which they did. The police woman calmly explained the full process to me, including the purpose of cautioning me to answer questions. I told her I was unhappy with the customer service and communication I had received and why I had been questioned for so long before this part happened. The rail officer then cautioned me- which was awful. He then tried to get me to sign the form stating he would fill the answers later, which I protested about and showed the police officer. I then made him complete every field before I would sign- this took two more attempts. I still don't really understand why I was going to be fined £20 for being £2.80 short on my travel card, which I was more than happy to pay but never given the chance other than that is our policy. I know my actions were stupid, but I was stressed, scared and a bit outraged. I'm still scared & have been ever since, whilst watching the post for a letter. I'm 48 year old mother, who works a 50 hour week running a busy public sector department with over 200 staff. I would have to declare this criminal record & could potentially lose my job, ruin my credit rating, never get another job or mortgage & bring shame on my family. My family also live in the USA & this would also prevent me from being able to visit them, even though my step mom is unwell. The last 18 months have been very stressful as my father died suddenly, mother is end stage Alzheimer's, my brother has been diagnosed with early onset dementia and his wife has just died. I am applying for deputy ship & LPA for them and trying to support my nieces & nephews through a difficult time. My ex partner has been sectioned in a mental health unit post suicide attempt and I am still trying to ensure my daughter maintains some form of healthy relationship with him and she is starting her GCSE's. I have been on anti depressants and therapy but feel this could be the last straw. Please, please, can you tell me what to do as I don't feel I deserve this for an unintentional mistake followed by a moment of panicked madness? Thank you
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Hello there, i received letter from prosecution department "Notice of intention to prosecute" they found two alleged offence against me 1. giving false name and address , 2. intention of travel without having a valid ticket entitling to travel, so here's my response to them Dear Sir/Madam, I accept the liability that I was travelling without an appropriate ticket. I boarded your company’s train service at Huntingdon station with the intent to travel to King’s Cross station on the 6th of January. As later I had to travel to elephant and castle station I asked one of the members of staff at ST. Pancras station if I was eligible to travel to Elephant and Castle station with my off peak day return ticket. It was mentioned LONDON TERMINALS (Huntingdon-London Terminals) in that ticket. As most of the time I saw LONDON TERMINALS in my ticket but I never understand what was the meaning of it . I thought it might be the ticket for any terminals in London. So this time I asked one of the members of staff at ST. Pancras station that if I was eligible to travel with that ticket to elephant and castle station. The staff looked at my ticket and said yes. Then that staff opened the barrier for me. So I travelled to elephant and castle station with that ticket. As there was no barrier at Elephant castle station, so nobody stopped me there. But when I came back from Elephant and Castle to ST. Pancras the staff at the barrier stopped me. The staff said it was not an appropriate ticket for travel between these stations. Upon being stopped by the Revenue Protection Inspector, I cooperated willingly to clarify my honest mistake and provided personal information to aid his work. As there was some issue with my name and address, but the officer got it right from my ID in the end. At that time, I was under great stress from my studies and I was very nervous with the questionnaires by the Revenue Protection Inspector. I was very scared as it was my first-time experience. I'm deeply sorry for any inconvenience that might cause to that officer regarding my name and address. I was willing to pay for the ticket price, but however I did not have the means to pay due to my financial circumstances at that time. From my conversations with the Revenue Protection Inspector, I was under the impression that I was only being contacted to pay the ticket price or Penalty Fare. As you can imagine, receiving this prosecution notice has placed me under unduly stress. I have to stress it was not my intention to defraud Govia Thameslink Railway and I sympathise with the need for ticket enforcement to root out dishonest fare dodgers. I didn't have any intention or whatsoever to travel without a ticket. I had been given wrong information by the staff at ST. Pancras station which led me to mistakenly travel without a ticket. Though I had an off peak day return ticket from HUNTINGDON to LONDON TERMINALS. It was an honest mistake; I offer my sincerest apologies for my idiotic mistake. This is my first incident and it will also be my last I would love to pay the correct fare and any costs that have incurred in processing of the case. Again, I apologise profusely for my error. Yours faithfully, ***** [Note: I am sending my last few months’ statement just to show that I always buy ticket. sometimes I pay by cash for the ticket as well.] in reply the said "i refer to the above reference and your recent letter. having considered the points you have raised i'm writing to inform you this department will be going forward with the case A summons to attend magistrates court will be sent to you in due course. should you require any further information then please do not hesitate to contact me." what shall i do now. anybody please help me. i am lost..
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I had a weekly ticket, but forgot my photocard. My ticket was taken from me (still had 4 days left on it) and I was questioned by an RPI guy. Unfortunately, I have no recollection of what I said to him because being forced to stand on a crowded train platform caused me to have a panic attack. I think I was so desperate to get out of there that I just agreed to everything he said. A few months later I get a letter saying that I had 14 days to give my side of the story. I wrote back apologizing for my error and I also sent them the photocard. I have had panic attacks and chest pains ever since this happened and I'm so scared that this will go to court. I know I've brought all of this on myself but I really need to know how much trouble I am in. Thanks.
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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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I have received a notice of intent to prosecute from FFC for the offense of 'Failing to hand over a rail ticket for inspection' The letter provides me with area to provide a 'response from passenger' - Tell us what happened from your point of view. Is there any reason to provide one as I am not disputing that I did not provide a ticket? Reason being I had thought I had touched in my Oystercard. Cost of the journey was a single stop so less than a couple of quid. Going to court seems excessive for a first offense. How best should I respond to the letter?
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Received a Notice Of Intention To Prosecute
swagman posted a topic in Speeding and Motoring Offences
I have just received at Notice Of Intention To Prosecute from the Police for an alleged speeding offence which i know i did not commit. I saw the Camera Van from 400yds away and I ensured I maintained a speed below 30 as I approached it. The Police say the footage of me driving was from approx 30 yds away. Interestingly the words 'Recorded Speed' on the NOITP have been xxxxxxxx'd out. Does anyone know why this may be? The Police claim it was because the wording 'confused people'. I think the Police are trying to [problem] me as I gave the camera a cheeky smile as i drove past it and also because I drive a nice car. Any thoughts? -
Hi South West trains are threatening to take me to magistrates court for fare evasion and I'd like to hire the best solicitor possible who specialises in these types of cases. Does such a thing exist? Does anyone have any recommendations? Any help appreciated. Thanks Steve
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Hi all, Some advice needed please. I've posted this on one other forum on a different site already but received conflicting opinions about what I should do. I'm posting here too in the hope that someone may be able to offer something more concrete on how I should proceed. On Friday I received a Notice of Intention to prosecute from FCC. The notice stated that on the date in question and at time.....my details were taken by a RPI. No offence is mentioned, only that my details were taken. It then continues to say: 'This letter is to inform you of our intention to take this case to the Magistrates Court and the enclosed form provides you with the opportunity to tell us what happened from your own point of view. Information should be both factual and honest.' A list of potential penalties that the court can issue is then given. I continued to read on to the section entitled 'Details of Offence' which read: 'On the above date you were stopped and questioned in regard to the following alleged offence(s): ' beneath this statement it is just blank, nothing is written, i.e. they have not stated details of any offence once again. I am then asked to provide my own statement of what happened. Can anyone enlighten me as to what this amounts to, in respect of the fact that I have not been told what offence they allege I have committed and what they intend to prosecute me for? Are they looking for a statement from me incriminating myself before they decide how to proceed? The reason I had details taken is that on the date in question I was pulled by an RPI for the offence of being in first class on a standard class ticket, returning to Stevenage from Finsbury Park (1 stop, 17 mins). In hindsight it was stupid to do that, but I should point out that I only entered first class as the rest of the carriage (standard class) was full and 1st was empty. On entering the train I had every intention to sit in standard. Looking back I should of stood up, but stupidly I didn't. When approached by the RPI I explained why I sat in 1st and offered immediately to leave and stand in standard for the remainder of the journey. I was told that he could not allow this and that I would have to pay the penalty fare. I explained that I could not pay there and then and so he cautioned me and explained that the matter would likely go to court. Having not been in this situation before and not knowing if this was normal or not I just accepted and waited for the letter to come through. Now that I have that letter no offence is mentioned, only that my details were taken. I feel like I should not make any statement without having been notified of the exact offence that I am being prosecuted for so that at a legal level I know what I am accused of before I make a statement. Am I within my rights to withold my statement at this time and is that the best approach? I am not trying to dodge any fine here and I am more than willing to pay the fine/fare to have this matter resolved, but does this kind of thing count as an admistrative error on the part of FCC which would see the case get thrown out of court anyway? Any help would be much appreciated. Kind regards.
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Hello I'm 18s years old and received a letter from First Capital Connect last Monday stating they were in intending to prosecute me under 5.3.a of the Regulations of Railways Act 1889. Basically, I was an idiot and purchased a child's ticket in order to get to College for an interview. Upon getting to the ticket station I realised I was without the money to buy an adult ticket in my rushed state purchased a child's one instead, figuring it was better to pay something than nothing. Upon getting to the station I then panicked further and stated I bought it by accident before admitting the truth on the form. I desperately need 3 things answering and would appreciate any help given. 1: What is the maximum possible sentence for violating this part of the act? 2: What is the likely sentence? 3: What should my course of action be? Should I attempt a settlement letter? Thank you
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Last month my ticket failed to work in a ticket machine and so I approached a guard to let me through the barrier. I purchase a weekly travel card from the ticket machine each week and pay by debit card. The machine prompts you to enter a photo card number prior to paying. On this occasion whilst purchasing my ticket I did not have my photo card to hand and did not recall the number from the top of my head. Rather than key in a random number i opted to type my name in as the photo card number so that it would be readily apparent that the travel card was mine (even if it did not match my photo card). When stopped the guard asked to see my photo card which i duly produced. The number on my travel card obviously differed from the photo card as I am fortunately not called GH 8578 V. I explained the situation to the guard and subsequently produced the receipt which tied up with my debit card number and also my driving license which demonstrated that the number entered on the travel card was in fact my first name. The guard acknowledged that on reflection the travel card could only be mine unless by some miracle i had happened upon a travel card valid for my journey and who's photo card number by a miraculous coincidence happened to be my name. I was told that this was fine and that he had to fill in a form and that I just had to verify what he said and then i could be on my way. I was not placed under any caution. His statement said that the number on my travel card did not mach the photo card - I agreed that this was true and signed and with my ticket returned was allowed through the barrier to board the train. I subsequently received a notice of intention to prosecute from FCC stating that I was found to be entering a train for the purpose of travelling without a ticket entitling travel. To say I was shocked by this is a slight understatement. Surely if in the opinion of the guard the ticket did not entitle me to travel I should not have been given back my ticket and allowed through the barrier? I should have been asked to purchase a ticket which entitled me to travel and that would have been that? I would also suggest that whilst perhaps I was in the wrong to have a ticket which did not display my photo card number it should be obvious to all concerned that this was not an attempt to travel without paying. Further to this at this point I was not on a train and so would question the offence raised? Can anyone suggest a suitable response short of explaining the facts and circumstances above....? thanks in advance
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ive been sent a notice of intent to prosecute. and im not sure what to do. i was travelling from hatfield to kings cross with a std ticket and i sat in first class. The only reason I sat in first class was because the train was overcrowded and I had been waiting for the train for over an hour. I walked down to the end of the platform got on the train and sat down. I really wasn't aware that you could be prosecuted for doing so. when the ticket inspector asked to see my ticket i showed it to him and this is when he told me that i would be fined for sitting there. He asked me to pay upfront but i didn't have the money so i asked if he could send it to my house so i could pay it that way. He did caution me and ask me a list of questions which i answered but he didn't say anything about this going to court. However what i did do is give a fake name which the inspector called to check and passed. Im not sure how because that person does not exist in that house. name but my real address. This was not because i didn't have the intention of not paying but because i didn't want to get in trouble when the letter got sent to my house. Im not really sure what to do now. I didnt get on the train with the intention of sitting in first class and not paying i just stupidly sat there. I was just tired and cold and wanted to sit down. any advice would be appreciated as im not sure if i should call them, write to them or to ignore this as its not addressed to me. Im a student with very little money and i accept what i did was very niave but i would really like to settle this out of court. thanks
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There seems to be a lot of this about at the moment it seems and here's another. My husband has received a notice of intention to prosecute. It states 'this letter is to inform you of our intention to take this case to the Magistrates Court and the enclosed form provides you with the opportunity to tell us what happened from your point of view' The details of the offence states 'entering a train for the purpose of travelling without a ticket entitling travel'. My husband was travelling from London Bridge to St Albans with a valid carnet ticket. The barriers were open at London Bridge and he forgot to write the date on the ticket. He met a friend on the train and made it to the barrier and the ticket wouldn't go through and then he realised that he had forgotten the date so he entered it. As he was doing so a revenue protection officer stopped him and cautioned him, and took the ticket from him, giving him a slip of paper. Can anyone provide advice as to what to write in the Response from Passenger section?
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Hello I wonder if anyone can give me some guidance on a letter I received from First Capital Connect? I was on my way into work on the usual packed train and I was standing in the guards area at the end of the train. There were about a dozen other commuters in the same area (as there are everyday I get the train). The train was stopped at Essex Road and we were asked off the train. In the time we were waiting for our details to be recorded another 10-20 people were taken off each train as it came through the station - one train every 4 minutes at that time. I know that you shouldn't stand in there and I know that it is very weak to say this, but people do it everyday on every train that is running, only because it is impossibly full due to the late running of the service. the Notice of intention to Prosecute states it is for - Occupying a part of the train not intended for use by passengers. I have been asked to fill in a form giving my side of the story. Is there anything I can do apart from being polite, apologising and offering to pay their administration costs? I really do not want a criminal record/prison sentence/etc. Any guidance would be really helpful. thank you
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I have a problem of a relatively similair nature to ones ive seen before on ehre regarding intention to prosecute I am appealing directly to silly 11 for the letter he sent to southeastern that got him off with a 35 pound fine, or anyuone else who can help me with stuff like this (cannot pm as made no posts yet) basically i had a ticket for my train home cambridge to kings cross, but lost it sometime between 15 mins before my train went and when i reached cambridge station. Stupidlyu had a moment of amdness at cambridge and tryed to follow in behind someone- unfortunately the train ticket i had been using was one not bough of a site like a trainline, was infact bought by a mate in case for me so no way of proving any of that. Explained this and weeks later now have an intention to prosecute notice regarding failing to hand over a ticket for inspection exiting or enterting the station by means other than the approved exit or passing through the gate in an incorrect manner. I'm utterly terrified about the prospect of court, I understand the basics about apologising stressing this was out of character etc but I want to know what else to say in this letter to them that is asking for my viewpoint. Any help atol would be unbelievable as at the minute I'm a little bit terrified. ow and jsut to provide additional information I was perfectly cooperative with them once they got me, they didnt make it clear wether id be getting a penalty fare notice or an intention to prosecute at the time but theyve made that clear now desperate to settle out of court just need to know what to write on this thing asking for what happened from my viewpoint with factual and honest information, will stress how court could seriously screw im my career, im a student who wants to be a doctor, understand you should offer to pay the original fare plus reasonable admin costs just need to know help with the specifics and general advice if anyone has any good termplate old letters could they ring me on [edit] or email me on asap as my reply has to be sent by monday as it has to have reached them by wendnesday thank you so much and please help so scared
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Hello, Apologies if this is a bit of a mess first timer I was in Wales last July the 25th 2012 and was stuck behind a coach for 20 miles up the brecon mountains, when we reached the bottom there was a straight which I over took a coach not looking at my speed, I do no I was speeding but not the amount I was presented with by the officer with a speed gun, my issue is not the speed but the duration they served the intension to prosecute, What time do they have to serve the notice if any ? as when I received it from the police in Wales it is 6 months and 2 weeks the net said 6 month ? is this true or is there no time limit to serve an ItP. Thank you.
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