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  1. Hi all, I've posted this on another forum, sorry if you're seeing this twice! but the more advice the better! My flatmate has been an idiot, but is so worried she is not sleeping or eating and i'd like to be able to calm her a bit. Its a bit of a complex one this... she lives in zone 4 (southeastern rail) travels to work in zone 4 (tube) and goes through zone 1. She buys a zone 1-2 travelcard on an oyster. She was caught at London bridge about a year ago, interviewed under caution, told to expect a letter. Never heard from them. Then about a week ago she was caught on board by an inspector who would have charged her £20 but she didn't have her card and only had a tenner. He didnt ask for a part payment. He said she would get a letter, and she did the day after. It doesnt tell her what they are prosecuting her for, just for her version of events. She is panicking as she doesn't even know how long she has been doing it. . she thinks they will prosecute for fraud and ask for years worth of fares back. Unlike some higher profile cases recently she doesnt have the money to settle.... Now this is where it becomes more complicated, and i'm hoping for her its a tiny bit of light at the end of a deep dark tunnel... She doesnt tap out at southestern station but she does at the other end. It probably costs her £4 a day on her pay as you go. she pays more than she would if just bought a 1-4 travelcard!!! She says the reason is she is traumatised by the £46 and finds it more palatable to pay £33 and top up her payg daily. Also if she works from home for a couple of days its not so much of a waste.. .i told you she is an idiot, but she is an honest one. she knows she has broken the law by not having a valid ticket. How far do you think they will go back? Will they have records of all her historic top ups on the oyster and will they even care or take these into consideration when working out how much she owes? Sorry this was so long, but i just don't know how to console her... Thanks in advance!
  2. 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
  3. Just wondered if I could get out of prosecution after getting pulled up by RPOs from Southeastern for not having a tapped in Oyster card on Southeastern between 2 Oyster card stations. Rather brazenly I refused the offer of a penalty fare because I instead offered to go back to the station I got on and tap in, I told them I had no bank card or cash to pay the penalty fare. Therefore the RPOs started filling out a prosecution report and did a PACE interview. They ascertained I had £1.65 on my Oyster, the Oyster fare with my Railcard discount is £1.50, but they kept sticking to their line that the full adult single fare for a paper ticket is £4.00 so I had insufficient funds to pay my fare. I refused to admit intention to avoid the fare. I answered 'did you lie about having a bank card' with 'I refuse to answer that as you did not explain the context and implications of the penalty fare'. I answered 'do you admit if you hadn't been caught by us you would have avoided the fare' with 'no because there are barriers at the station I am leaving so I would have had to pay a non tap in fare.' Now I'm thinking of responding to the prosecution letter by restating that the RPOs are poorly informed on the Oyster fare with Railcard discount, and that I had not avoided paying the fare as I offered to go back to the station I got on the train at and the RPOs could have monitored this seeing as they got off the train with me at my destination, so were obviously prepared to invest the time to monitor the fare. I also planned to say my denial of having a bank card was on the basis that I was not under caution at that time and was entitled to negotiate on how to settle a civil debt in whatever way I like. I know there are a lot of risks with this approach, so I also wanted to get thoughts on what my chances are of offering to pay just a penalty fare and not a 3 figure out of court settlement or antagonising them enough for them to just prosecute.
  4. I had a situation with Southeastern a while back. One of their Revenue Protection Inspectors issued me with a Penalty Fare somewhere in the region of £68, so I was legally required to provide them with my name and address. I appealed on the basis that the ticket I presented to the inspector was valid for the journey I was undertaking, only he wasn't sufficiently trained on how to determine the validity of tickets. The favoured approach is issuing a Penalty Fare or calling the British Transport Police over verifying the validity of the ticket. The appeal was upheld because I was right about the ticket. Because I presented a valid ticket for inspection, there was no way I was giving Southeastern any of my money towards that Penalty Fare, so I made a part payment with a £50 Rail Travel Voucher. I later lodged a Subject Access Request to Southeastern for all information they held on me. In the response, I found out that a member of staff from the Independent Penalty Fares Appeals Service (IPFAS, part of Southeastern) decided to email out my details to various entities, not all of which were Train Operating Companies. The IPFAS were trying to find out the origin of the voucher I had paid with. I reported this suspected breach to the Information Commissioner's Office. This was the ICO's response.
  5. Hello. I'm not sure if you can help me but I haven't been able to find any help so far, so I hope you can. I boarded a southeastern train. There was a large group of people at the ticket office and ticket machine, but the gates were open. However, when I got to my stop the there was a ticket evasion operation in progress. And here's the snag. I had also forgotten my wallet. Unable to confirm my details, provide a ticket, or pay for the fine, I was made to write a witness statement. I was then sent a prosecution notice. Then a court summons. I am suffering from anxiety (I'm taking medication) and did not attend court. I now have a criminal record. From what I understand, discretion should have been used before using the section 130 of the Railways Act 1993 to take me to a criminal court. I was unable to pay the penalty fare due to not having my wallet and I was not given the opportunity to pay a fine at any other time. I did, however, offer to have the money sent to the station but the ticket collector would not accept this offer. I feel that at the very least, this was an overuse of the section 130 of the Railways Act 1993, and it has cause a huge amount of personal damage compared to the £4.60 ticket that I unknowingly stole.
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