Jump to content

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 and Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - you need to register to access the CAG library
    • 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

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


Quit Date

Between and

Cigarettes Per Day


Cost Per Day


Location

Found 79 results

  1. Hi Al I have a clean driving license I am 45 yeas old. I am a doctor by profession and have had a clean medical record I received a NIP for doing 76 on 50mph on the motorway. Asking for advice rather than being told off Ive contacted few 'free initial advice solicitors' I gather the options I have are 1. plead not guilty ( I don't think Im going to that) 2. Plead guilty and hope for mitigation The offence allegedly carries 6PP and maximum £2500 ( n view of Motorway) I have clean driving license. One firm told me tat they can mitigate for me for my circumstances and get me a 7-56 ay ban which think I can cope with My questions are 1. If we ( solicitor and I0) mitigate for this option instead of PP, I think my license will be endorsed for 4 years. This will have an effect o my insurance, but after years have passed by, is it still taken into consideration for insurance purposes. For example I am aware that I money has penalty points, after 4 yeas the are no longer on the license and after4 years one does not need to declare them to the car insurance companies. Is hat he same with a disqualification lasting les than 56 days 2. I am a medical professional . Please dont attempt to shame me I unintentionally exceed the limit according to the speed camera and hold my hand up. Will any conviction ( e it 6PP r shot ban) be criminal record? It does have implications because I will have to declare it to my professional body, which I would certainly do. It may cause me to be suspended for 3-6months Finally, I have looked on the Gov website. What is the code for a short term disqualification ban which will appear on the license. am not talking about BA10 an BA30, which I believe are driving whilst disqualified. Rather, asking what code will be displayed on my license if I am disqualified for less than 56 days Your feedback is appreciated Many hanks
  2. Hello lovely people, I am creating a new thread as that seems to be the done thing around here. I am seeking some advice on how to respond from a scary TfL letter in regards to fare evasion. I honestly just thought I'd get sent a fine, especially with this being my first offence for such a thing but apparently not. like many others on these forums I have been caught using the wrong oyster on a TfL bus. I was in a rush and I grabbed my brothers student Oyster (it has his photo on) instead of my own (plain blue Oyster linked to my railcard so does have a slight discount) and shoved it in my purse. It was the morning, I was tired and in a rush and they were both on the same table and they do look the same from the back. I tap in on the bus, after which I realise I have his card. I panic slightly but am already running late, so just go and sit down assuming it'll be fine as the driver didn't say anything. that moment later a ticket inspector comes onto the bus. I admit my mistake right away saying I’m sorry I took my brothers card not my own, he takes my name DoB and address. As he’s printing out the receipt of him confiscating the card I realise I have my contactless card on me and offer to tap it in, he says no its too late for that. He also explains it will be quicker for my brother to purchase a new oyster than to try and get the confiscated one back from TfL as this could take months. He doesn’t say anything about a fine or prosecution, I just assumed I’d get a fine through the post. on Monday 28th (yesterday) I receive a letter stating what many others have also been through: In order for TfL to deal with this case correctly, please return the information requested on the reverse of this letter... 1. If you deny committing an offence, please explain why.... 2. If you accept committing an offence, please provide any exceptional reasons including pre-existing medical conditions that you may feel are relevant and evidence to support this, as to why TfL should nor proceed with a prosecution.... The way it is worded makes it hard to know which of these two I should go with, but based of what I've read from other experiences is to accept your wrong doings and give your side of the story. I have drafted out a grovelling apology in order to try and get this settled out of court. I really cannot afford a criminal record especially now with a child on the way (I am seven weeks pregnant) I am currently between jobs and to have an offence flag up on every application will make the process much more difficult. I just wonder what chances I have with getting an out of court settlement. I also wonder whether it is worth noting my pregnancy - it has made me feel notably out of sorts and could well have attributed to the carelessness of taking the wrong card? Or will this embellishment just seem unnecessary to TfL. Thanks in advance for anyone taking the time to help out, I really appreciate it.
  3. Hi folks - here's my question. In October 2018, I received a NIP for doing 59 in a 50 zone, and this went forward with a Fixed Penalty. However, the points for this would put me on 12 (I probably should have known, but it didn't actually occur to me to check). The HMCTS, in early January, returned my driving license and refunded my £100 fine, informing me that GMP would be in touch "forthwith" in order to proceed to court for the totting-up ban. I have yet to hear anything from GMP. My question: Is there a time limit between the offence and the court date, or between the HMCTS decision and the court date? In other words, do GMP have a time limit to prosecute me, or could this essentially be whenever they choose? I am accepting of the impending 6-month ban for my stupidity, and just want to "get it over with", however, if there is a time-limit and they run-down the clock, might I get away without a ban? Any advice appreciated.
  4. I think the general jist is for me to own up to a speeding offence. I do not remeber this incident though, as in the location and why I would have been there.. 'I' was apparently doign 39 in a 40. I have never had a speeding ticket or one of these in the door. I did get a DD10 (drink and drive) and that was 4 years and 7 months ago so nearly up. Clean license. Should I just sign it and own up or challenge it, I am meant to be leaving the country end of January.. What are my options? Thanks.
  5. Hi, I have received a letter from TFL for failing to produce a valid ticket, pass or photocard for my journey the London Underground. have asked for my side of the story and have been advised that legal proceedings may be taken against me. What happened is that I was on the tube then an inspector came on and I gave him the Oyster card that I had used for the journey. He scanned it and asked to see the railcard attached so I gave him my student railcard. He then told me that there is a greater discount on the card and asked if I have another railcard. I said that I don't. The inspector revealed that it was a privilege discount which is 75% and that I should have a privilege card to be entitled to it. he then cautioned me and started questioning me and I explained that I bought the blue Oyster card and then asked a staff member to attach my 16-25 student railcard to it. The inspector withdrew the oyster but returned my student railcard. I was told that even though it may have been a staff mistake where the wrong discount was attached, TFL can still take action against me for using a discount that I wasn't eligible for and benefitting from it. Please advise me on how to respond to their letter. Should I argue that it is not my fault that the staff made a mistake and I am not responsible to correct it. It was the staff's responsibility to check the right discount was given and there was no reason for me to assume they could not properly perform their job. Also, I could have only found out that the wrong discount was given after using the oyster and then calculating the fare I was charged, so travelling without a valid photocard was unavoidable. I didn't know that privilege discount existed, so even if I noticed that I had a greater discount, I would have still not known what is was for me to go and report it. I would appreciate any help on how to respond to this to get the best outcome possible.
  6. Hi Firstly thanks in advance for help, had some very bad news yesterday and just looking for any advice In early 2018 I was driving a company vehicle and was doing 36 in a 30 zone. The prosecution notice when to the employers as the owners of the vehicle asking them to name the driver. They named me but I left the company around this time. I got a letter asking me to name the driver/if I were the driver. I have to confess I didn't respond. No doubt I have been stupid but this time coincidended with me leaving my family home and having some health issues. I later moved back into the property Because of health and money issues, I do admit I didn't respond to a couple of letters. I guess I just didn't want to face the truth and accept a fine. I got a letter yesterday saying I got taken to court last Thursday. I did not get any letter about going to court. I have been given an £800 fine and banned for 6 months. This seems incredibly harsh as I didn't have any points on my license. I accept the fine although it won't be easy to pay but the ban seems very harsh and makes life fairly difficult for me. Cheers again for any advice received, just wondered if I could appeal/defend in anyway
  7. Evening All, I've scoured through many threads and posts on here and google and thought the only way to get esteemed advice was to put up this thread. I thank you all for your time and advice in advance. December last year I was summoned to court for a July offence for 'compulsory ticket area without a valid ticket' contrary to Byelaw 17(1) of Transport for London Railway Byelaws etc. That evening I travelled from Canada Water to Norwood Junction, on attempting to exit the barriers I tapped my Oyster and it wouldn't allow me to leave I called the female attendant who informed me the oyster wasn't validated at the start of my journey. She checked the oyster and saw that I had a monthly travel card (Z2 and 3) and PAYG balance to cover my journey. She suggested to be careful mixing bank cards with the oyster; then an RPI rudely intervened, taking the oyster card from the attendant and checked it on his portable device. He also stated that my journey wasn't validated from the start, asked if the oyster was the card I travelled with from the start of the journey - I said yes. He then proceeded to get very rude and aggressive. Initially he said he'll give me an £80 fine then as the exchange went on he said I will be prosecuted and summoned to court amongst other unsavoury comments, while I duly complied and kept my calm. I was not given a caution re PACE. I waited for the letter. Unfortunately, I forgot this was sent to my mother's address I received the Single Justice Procedure Notice (sent on 27 Nov) too late to make an appeal or an out of time appeal - it was received 5 days before the hearing. I was prepared to go to court either way but upon asking for CCTV and Travel History from TFL due to the time lapse, they were only able to provide my product history confirming I had a valid travelcard and balance on my oyster for the July offence. Furthermore, the Witness statement from the RPI repeated a snippet of our conversation convenient to prosecution (remember I had no caution re PACE) and there was no mention of the valid travelcard I had. I called the court and they advised me the hearing will still go ahead on the set date. Low and behold the day before the hearing, I received the Notice of Fine and Collection order for £473. Again I called the court and they said as I was found guilty in absence (recall I was out of time to send an appeal) and the only way forward was to accept the fine and pay. I have paid the fine in full just to avoid it affecting my record etc but I am ready to address this matter in a complaint against the RPI as it was due to his incompetence that I received the fine. But don't know where to start - your help and advise are much appreciated?
  8. Hi all I'm new to the forum. I seem to have an unusual situation. My father in law (visitor non EU, with a non EU or UK license) was caught doing 36mph in a 30mph road, we received a Notice of Intended Prosecution some days ago. He's on a visitor visa only, i was able to add him to my own insurance so at least he was covered when the offence happened. The car is registered in my wife's name, she's not a driver though. The Police's letter came addressed to her (obviously) Not sure what to expect in this case. Certainly they can't take points off his license as it is not a UK one. The letter received by the police is requesting us to name the driver of the vehicle during the offence. He was planning to leave the county soon anyway, what would happen in this scenario? Has anyone experienced something like this before? I was trying to search online, but seems the case is mostly applicable for drivers that have already returned home, and most were driving hired cars. Thanks in advance for any inputs / comments / suggestions. Regards
  9. Hi all, I was recently on the M25 around 2:45am. Car was set on cruise control on the legal road limit i.e. 70mph. All of a sudden, due to roadworks up ahead, the variable speed limit kicked in to 50mph. I tried to slow down in time gradually, being cautious of traffic behind me. (didnt want to slow down all of sudden and risk getting hit from behind). the speed camera got me @ 59mph (variable speed limit - 50mph). Now I've received an intention of prosecution in the post. What are the chances I can get away from this with as little pain as possible?
  10. My child has received two intent to prosecute for fare evasion by Govia Thameslink. First one travelling beyond his ticket destination. Second not having the correct train ticket for destination. Should he plead guilty and what might be the outcome. The evidence presented by revenue officerstreams both have the incorrect year of birth. He is actually under 18. We are willing to pay any cost and avoid prosecution as he does not want a criminal record. He has learnt his lesson and is very worried.
  11. 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
  12. Hi, My brother is being summonsed to appear at Magistrates Court in June for not sending his two kids to school regularly. The School count the attendants twice a day and they are claiming that out of 154 possible attendances only 130 were attended which works out to 12 days (154 - 130 = 24 / 2 = 12 For each of the days, the council demanded a penalty fee of which was not paid as i advised my brother that they had no legal bases within the Education Act 1996 to charge such fees. Out of the 12 unattended days of which penalty notices were issued the council later withdraw them and sent a letter to my brother stating that after reviewing the evidence submitted by my brother that the penalty notices should not have been issued. The school had to be closed for a total of 5 days due to mice infestation in the schools kitchen. now my brother is stating that on both times of the school being closed a day or so before his kids were not well "being sick" 1st time for 4 days and the second time for 1 day (30 Nov and 13th Jan) the school was closed. they said the schools closure is not included in the attendance rating. they claim that the attendance level was 84% The council are saying that if they win the case, they are going to be asking for costs. The case is being tried under 444(1) of the Education Act 1996 http://www.legislation.gov.uk/ukpga/1996/56/section/444
  13. READ MORE HERE: https://www.gov.uk/government/speeches/debate-on-the-armed-forces-and-investigation-and-prosecution-of-historical-cases
  14. Hi All Firstly I would like to say thanks in advance for the help and advice i hope you can give me. I had to run for my train last Friday which resulted in me not getting a ticket for my journey, when I arrived at the station the ticket inspectors was there so I had to ask if I could buy a ticket from my start station to which the inspector asked me why i didn't have a ticket for my journey and i proceeded to tell him i had to run for my train and it was a complete error on my part this had happened to me previously about 3 months ago where i got a £20 fine he then told me he would have to submit for a bye law report this morning i received this letter asking if i was the person who travelled etc. i am guilty of travelling without a ticket for whatever reason and was wondering if anyone is able to give me advice or help me draft a letter how i go about this not going to court and hoping to get a settlement out of court. Would they take into consideration that i use to travel to and from this station every day and i can prove i have had yearly/monthly passes in my name for the past 23 years and never been fined prior to the previous few months would they take this into account ? I obviously don't want to get a Criminal Record as I'm in the process of applying for a mortgage so I would much rather be able to settle this outside of any court hearing. Any help greatly appreciated on this matter Thanks Scott
  15. Evening all, Came home from a few days away to find a lovely letter (in Welsh..!!) from the South Wales Police - 38mph in a 30mph Limit - I always thought the road was a 40mph; anyway my fault. Couple of questions..... 1 - Likely outcome... £100 & 3 points or what's the chance of being offered the Awareness Course?? (currently licence is clean, and has been for over 7 years.) 2 - I thought they have to supply a photo? or does that only come along if you deny / argue and it goes to court? It would be a rear pic anyway as it was a Gatso jobbie at some traffic lights. Thanks
  16. Hello, I had JSA for about four months total of £840 (approx). I knew at the start that I had around £28,000 in savings in a separate account. The savings are for university. full cost of course and living for three years. This was my plan. I was off work for 7 months with depression, still receiving an income. I went and signed on and received one week (£71) and never went back. I was off work at this time. I had an argument with HR at work who were complaining about me not being there. I told them that I quit and didnt want to go back. I assumed that I resigned there and then. I went and signed on, then a week or so later I got a call from my union rep who told me that I hadnt resigned, he spoke to them about my problems and I could come back. He told me that they were giving redundancy soon. I returned, a few months later I got redundancy. Fell a little more into depression. I had over £10,000 in my account. I transferred £5900 to ISA and then signed on. I took a few weeks, then quit. Then I went back again and got a few weeks more. This was a few years ago. I got a letter the other day asking for more information as inland revenue flagged up that I had more money in my account when I made a claim. They are asking for my financial situation of that time. I ncluding statements covering two years. I looked at my statements online and saw that the money transfer was maybe a week or two before applying for JSA. I am worried that I will go to prison for this. I am going to send the statements with the letter and answer the questions honestly. I have read about how they will try to prepare a prosecution if they could prove that I knowingly didn't tell them of my finances. It will look that way on the statement. I don't know what is going to happen. Could this lead to prison? I haven't told my parents, I am 35 and still live at home. I haven't been able to get a diagnosis for aspergers but believe that I have it. I am still struggling with depression. A result of my aspergers is that I really struggle to get on with people, I have had some very bad experiences at work and I am terrified of returning to that sort of situation. I have had threats of physical assault and have had fights with people. My things have been damaged/vandalised. I dont know what I can do, any help or advice would be appreciated. I have made a self-referal to talking change. My uni course is going down hill, I dont think I will be able to go onto year two. That is if I am not in prison. So much failure. Does anybody have any advice, I could really use some right now! Thank you
  17. Hi, I have recently been asked to give my details for dodging a train fair for a second time. Admittedly they were different circumstances. However because this was the second time this has happened (the first time I had to pay a fine) I was worried i would be sent to prison or get a criminal record so I gave false details. I quickly withdrew these details after further questioning and admitted I had lied. But because this is the second time they have pulled me up, and because I gave false details to start, will I get a criminal offence? Please anyone that has any experience with this I would appreciate your help. Thank you.
  18. Hello everyone, Can someone please help me and make a template letter to CPS for guidance to appeal for review of an assault case. Your help will be appreciated.
  19. Hi Please don't judge me, I honestly cannot take anymore! In 2012 I applied for DLA on the advise of my GP, I had (and still have) urinary incontinence and inability to know when I need the toilet due to a back injury sustained at work. I also am in extreme pain whenever I move (but I guess this may be different to the level of pain another person may have with the same condition), can't get dressed, in or out of bed, need supervising when I first take my painkillers (about 20-30 minutes after), struggle to get out of chairs (need someone there to make sure it doesn't tip most of the time, sometimes needing to be assisted out of it), and also have to frequently stop when walking, about 200 meters before I can't walk anymore for between 3-5 minutes rest. In addition I can't bend to wash my legs or feet so have support here, cannot sit for long periods, or stand so frequently alter my positions. I also cannot get on or off toilets, so this with not knowing when I need to go means I temper my drinking. The DWP wrote to my GP for his opinion on my condition, and his report was sent back. I didn't know about this until the whole DWP investigation started last year. They used this to form the basis of the award for high rate mobility and middle rate care. I had been working in a nightclub but couldn't do this, so took a job as a supervisor in a restaurant, mainly meeting and greeting customers and directing people to their tables. They were fully aware at interview of my problems. I had time off due to my back (about 3 months) which is when I applied for DLA. I went back to work after having an operation on my back, and had a return to work interview. All was going well, customers helping me (I have copies of online discussions with a customer who knew about my back and mentioned how much I was struggling. I was then dismissed after a customer complaint about how slow my service was! I then took a job as an assistant manager in a pub, which was due to be closed for refurbishment might I add, and was there 2 months, during which they were closed for 6 weeks. The other 2 weeks I was expected to once again meet and greet guests for breakfast, put their order through and so forth. 8 rooms and NEVER had more than 8 guests, and I was never working on my own. During the refit I was responsible for the paperwork side of the business, phoning potential clients and filing all paperwork. I left there and went to work for a building society as this was more sedentary and my back was still really unreliable. I drove my nephew in most days and he walked slowly with me to the building, and on days when he wasn't with me there were always people around on the pedestrianized areas- I need to have someone around in case my right leg gives was which when it does always results in a stumble and fall, from which I cannot get up. This does not have to be someone I know, as DLA pays if I need someone not necessarily have someone right? I left there in January last year just before this investigation started. The DWP are alleging that I lied on my initial application form as nobody watches over me for the whole day (I have stated that I need help early morning and late at night, if I go to the toilet, and to help with chairs and to help me get up if I fall, not that I need continual supervision) and have statements from people I work with saying they either didn't know about my disability, even though I have emails saying differently, or facebook conversations to again show they did. They have a statement from a neighbour saying she apparently saw me out walking to the shops (I have a car and if it was just before the investigation it was winter so why would anyone walk?) and a statement from the investigating officer saying that I walked on my own to the interview room at the Job Centre. I questioned this as I was with my solicitor but they responded and said he didn't support me, his letter written on my behalf states he did hold my arm to steady me. The DWP have not sent CPS any of my medical evidence they are in receipt of (original GP information they requested, Harley Street consultant, Pain management specialist, Capita medical orthopaedic surgeon, 2 ATOS medicals for my IIDB (apparently not affected despite the two forms being filled out with the same details!) and a letter from my current GP stating how my disability affects me. They have also said to the CPS that the award was made solely on the details on my claim form, and signed to say they have not held anything back from CPS. Except they have. They have negated to inform them I lodged an appeal against their decision over 6 months ago, have supplied evidence the investigating officer has admitted tampering with, and also altered a statement that in the bundles sent to the appeal judge was 2 pages but said it was one, it now says it is two. DWP were aware of this issue as I complained as it made me question if the statement had been added to. They also sate that I said in my IUC that my condition had improved (I have the tapes and I didn't) but then go on to say I state that it has worsened. Confusing! I'm pleading not guilty, as my condition is worse (they now think I have ankylosing spondylitis) and without my interference (as the DWP have alleged) my GP fully corroborated what effect my disability has on me. The DWP have said they are not denying I have a disability but surely by saying that it doesn't affect me at all, they are! Their key evidence appears to be facebook posts I made (and supplied to them) where I said that my Mum's dog had managed a full walk home with no pulling and I wondered if he'd do the same the next day, and a second saying I loved late night walks with the dog - my Mum was walking him both times, and I was sat in the car watching the last one. I have explained this but it is irrelevant apparently. I asked the DWP to obtain CCTV from places I had worked to prove I wasn't lying, this was not done and the time frame for CCTV gathering ran out - how is this fair? I can't obtain it due to the DPA, but they could have! I guess what I want to know is what happens next? I am seeing a solicitor 18/03/15 and will be taking ALL evidence, including the bits the DWP have negated to supply to CPS (or have ignored their use of) but do I have a strong defence? Would a Magistrate be interested in the errors they made in the investigation resulting in evidence that in my opinion would have exonerated me? Thank you for any help in this matter - I am stressed beyond belief and had an ambulance called to me last night with me having chest pains. I am doing a Uni course that would result in me being a teacher, but if I get a guilty conviction I am screwed!
  20. Hi all, I am writing as I too have received a letter from TFL where they threaten to prosecute me. The incident happened in the train in March. I use a type of ticket that you buy in advance and fill in with the date of the journey when you travel. I was going back home after work, tired, sleepy, and I filled in the date on my ticket and accidentally entered a future date as I am so dumb I was convinced it was a different date. I was so convinced that I didnt even bother to double check in the calendar. When I arrived at the destination station, I was asked to show my ticket and the inspector checked it and told me, hey this is not today's date. He wanted me to pay the fine and I asked, is there any way to avoid this, as it's clearly been an honest mistake? and he said, yh I can take your details and the company will write to you to ask for your version. I thought, that is really fair!! I will give my version and then they will decide whether I have to pay or not!! Surprise surprise........"the company asking for my version" is a letter of intention to prosecute. I have already replied to them explaining what happened but I assume it is going to be useless. I have some questions, and I was hoping somebody here could help. I have read I could be prosecuted in 2 different ways (I copy and paste from another thread): - The most serious is section 5 of the Regulation of Railways Act 1889, criminal, requires intent to avoid fare, fine up to level 3 (£1000), or for second or subsequent offence can at discretion of court lead to imprisonment up to 3 months. - Railway byelaws (both sections 17 and 18), criminal, strict liability (no intent needed), fine up to level 3 (£1000) except byelaw 17 My questions are: - Will I know before going to court what law they are prosecuting me under? Can they change their mind at a later point? - If its the railways act, do they have to prove to avoid fare? I might have a fighting chance at demonstrating I had no intent of doing so. - If its the railway bylaws, then they dont need to prove intent. However is there any circumstance under which their evidence would not be admissible? The inspector was a 17 yr old bully and I believe he made some errors, e.g. wrote comments on my witness statement on a section that was meant for my comments, pressured me into signing, did not explain why he was taking my details and told me it was just 'to give my version' - Can I subpaena documents/CCTV for my defence? I am a fighter and will certainly not go down without a fight. At this point I dont care about the money. I only care about being turned into a criminal. I am most certainly not a criminal. I volunteer for two charities where I work with children and I need an enhanced DBS, so criminal record would mean no more volunteering. I am really shocked. In my country these issues are not covered by criminal law, they are covered by administration law and you would NEVER get a criminal record for such a matter. I don't know who had this idea but it sounds really out of proportion. Thanks for any help that you might give.
  21. Hi, Hopefully can help/ offer advice. I have received a letter from South Eastern's Prosecutions Office regarding avoiding payment of fare informing me that the matter has been provisionally authorized for prosecution and inviting me to make any comments regarding the incident. I was traveling with a zone 1-2 travelcard and I was caught at a zone 6 station, I normally have pay as you go top but on this occasion I didnt and I had also travelled by the same means in the 4 days prior to the offense date, I however had a zone 1-6 travel card the previous month and only got the 1-2 because I was working for an agency and hence not sure how long the job will last for and buy a 1 month zone 1-6 travel card but rather the 1-2 and I added a £15 which had been exhausted on the said day. I totally agreed I evaded fare because I did not touch in at the start of my journey but had to touch out at the end in the zone 1-2. I regret my action and had since suffered panic attacks and anxiety waiting for the letter to arrive. The total evaded fare was calculated to be around £55. I would like to settle out of court and pay any necessary admin cost because a criminal record is have devastating effect on me an my family simply because I have only ever worked within the NHS for the last 8 years and hence a record will render me completely useless. I am willing to settle out of court ASAP because lesson learnt for me, it is not worth the heartache whatsoever. Please advice because I have to send the letter today as I only just saw it, kids misplaced letter since it arrived. So I have to fax a copy today and also send it by recorded delivery for monday. Thanks in advance.
  22. My daughter is being prosecuted for being on a Greater Manchester Tram 'not having a valid ticket enabling her to do so' - Reg 4 (1) (a) Greater Manchester Metrolink System Byelaws She had a pass, ( left at home in error) and can prove it , but was too late responding to being issued with a 'Standard Fare' ( GM equivalent of the penalty fare) Does anyone know if 'having a ticket' must mean physical possession at the time? Can anyone help with a contact group similar to Passenger Focus- who don't deal with trams. Any other suggestions gratefully received G
  23. I have used other's student oyster card in June and now got a second letter from TFL saying that will take me to Magistrates' court in about 10 days. There was a letter in July which asked for explanation and I replied and asked for settle out of court but it seemed not to be used at all. I have 3 actions to take: 1) plead guity and not to court 2) go to court 3) plead not guilty and reset new dates. What should I choose? If I choose 3), what will be the new date? Is it possible to be after Feb next year? and will it make things worse? I mainly worry that it will affect my visa application next Feb. I can apply for IFR normally. But if I get criminal record, I don't think I can apply IFR Can I apply for extending my current tier 1 general visa in such case? Really appreciate anyone's help!
  24. Hi All Looking for some advice / guidance please. Yesterday I received a letter from SWT Prosecution Department to attend an interview at Richmond Station next month under caution in accordance to the police and criminal evidence act 1984 in relation to use of my weekly rail ticket back in June. I have now been travelling from Shepperton to Wimbledon every week day. I had always paid the correct ticket. Sometimes daily ticket sometimes weekly or monthly depending on cash flow. 3 years ago my partner gave birth to twins, I stumbled on the fact that Hampton which is only 2 stops and 7 mins from Shepperton on average was around £20 per week cheaper than travelling from Shepperton. £80 per month is a hell of a difference when you have two extra mouths to feed!! Shepperton did not and does still not have barriers. when money was particularly tight I decided to purchase a weekly ticket from Hampton to Wimbledon. As money was getting tighter and tighter this became more frequent and I was never challenged on the train or at Shepperton. There was a couple of times when the revenue team turned up en mase at Shepperton and I would either just buy a single from Shepperton to Hampton or on some occasions just show them my weekly and they don’t even read the properly and just let me through. I knew this was wrong but it just became the normal thing to do , buy a weekly ticket every week. On the day in question, I was traveling from Shepperton to Wimbledon there are no ticket barriers at Shepperton I boarded the train as normal. Just as the train departed the station a revenue protection office came through the carriage asking to see tickets. I opened my railcard which she looked at quickly then moved on slightly. She then back tracked and asked to look again more closely. At this point she noticed that the ticket was for travel between Wimbledon and Hampton. She asked what station I joined the train. As we had only just departed Shepperton ( this is the start of the line) I could hardly say anything other than Shepperton. She asked why did I not have ticket for travel between Shepperton and Hampton. I said I normally start my journey at Hampton and just forgot to pay for the difference. She was just about to let me pay for the difference when her colleague came through asked what was going on. Once explained he took over and started asking for ID and personal details, The lady officer said to him are you sure you want to do this and he just carried on and started to call someone to get ID verification. Once verification had been established he said I was now under caution and would now write down in his black book questions and my responses. He asked me to clarify thing like where did I get on today, where I was going. Did I have a ticket for the correct journey etc etc. The final question he asked and before he asked this he reminded me that I was under caution was “how long have you been traveling on this journey with this ticket type”. As for some reason I still had all my tickets up to November last year in my ticket wallet which he was holding I said “about a year”. He then re read all the questions and answers and made me sign his book, gave me a card with his badge number , advised that I may be contacted by the revenue team in the future and let me carry on with my journey. Since that day I have now stopped buying tickets from Hampton and have purchased weekly and monthly tickets from Shepperton. I deeply regret my actions, I have never been in any trouble in the past. The last 3 months have been hell for my family and myself waiting to see if the SWT were going to pursue this matter. Now the letter has arrived I need some advice on how I should proceed with this interview. Do I need to attend? Do you think SWT have a history of my previous tickets? Do I need a Solicitor ? Can I offer to pay back the difference and or fine and costs at the interview or am I destined to end up in court? As I have mention I have a young family and the thought of ending up in court and possibly prison is scary. Many Thanks
  25. I was caught by the revenue protection squad after travelling from one of the outer London zones on a Zone two oyster pass. I've been cycling in regularly and then getting the train then some days I admit that I neglected to touch in on my card and so just paid for the zone two. i've done this a several times and I admitted it to the revenue protection folk after they checked my card and saw the record. i have bought a range of zones 2, 3 and higher in the past on the card and when I'm not cycling i mostly touch in and out when i travel by train but sometimes forget and admit I sometimes dodge the fare. I received a letter from prosecutions saying they want to take me to Mag.Court and want me to send a letter explaining my side. I know what i did was wrong but i've got a new baby and a crippling mortgage so being skint all the time it felt easier to do what might otherwise have felt definitely wrong. I know I dodged some of the fare but on days I'm not cycling in I generally pay the full fare. What I want to know is how can they calculate a fine? How large the fine may be? And whether it;s in my interests to try and settle or not and how best to do that?
×
×
  • Create New...