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Being Prosecuted by First Capital Connect - Help!


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I am afraid this isn't a case of consistency with the rules.

You have to understand the way the TOCs inspectors/prosecution can/will argue this:

A passenger who doesn't have a ticket at all is more likely to get offered a penalty fare (UNLESS there is clear and arguable in court reasons to believe they are deliberately intending to avoid) as the inspector at the time must make a snap decision on whether he can argue the TOCs case in court or it would be better to issue a PF.

In this case however, a ticket was bought without an accompanying instrument (the railcard), the inspector obviously though this was a better case to report as there was 'an instrument' (the ticket) that was being used to avoid the correct fare being paid.

The reason you have written to the TOC is a good one and may well be arguable in court (ie you did this out of habit after having had a gold card previously).

The amount spent in the past or the fare avoided doesn't come into it.

The Inspector made a snap decision and decided you were 'easier' to report for prosecution rather than PF.

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Sorry: after re-reading your post.

You then tried to persuade the inspector that you had a current goldcard.

oops.

THAT IS WHY you have been reported for prosecution as now the TOC has a very clear case of INTENT TO AVOID.

If you had said at THAT time -'oops! My railcard has expired and I've just noticed that as I handed it to you'

He probably wouldn't have believed you and still may have reported it for prosecution, but there would have been SOME modicum of doubt.

By making up a story he then proved to be false I am afraid you have damned yourself.

I suspect he then asked you ''how your fare would have been paid for the journey had he not stopped you''?

 

I would be surprised if the TOCs prosecution department let it go, sorry.

 

It's not ONE mistake I am afraid, it's a deliberate act, quite different.

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Thanks for all of your advice, it's great that you anonymous lot are showing compassion that no-one else is.

 

I am trying to be as honest as possible with FCC and the magistrate's court, but it would seem that honesty only seems to make these people think that they have an open-and-shut case.

 

I guess that what has led people to show less compassion than expected might be that in the same breath you stated you deliberately committed a criminal offence and then claimed (after having been caught) that you are being as honest as possible! No offence, but you can see the point?

 

HOWEVER although the Railway might be considered 'an anonymous lot' as well, staff, including Prosecutors, are human, and are entitled to use their humanity in adjudging a case- and it sounds like you were/ are having an extremely rough-ride of it; if they can be convinced it is not in their interests to prosecute they will deal with you out of court and move along to another case. Likewise, if they can be shown that the damage done to you in life is potentially greater than the benefit to the Railway, they may settle with you. Their business (strange as it may seem in your situation) is to protect revenue, not specifically to flush your future down the can!

 

All the best.

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I must say that in this particular case, I think you will be very fortunate indeed if FCC decide to allow a settlement

 

Other posters are spot on here, the TOC will look at the facts and this might seem harsh, but bear with me for a moment:

 

Your post makes clear right at the outset that you did not hold a valid GoldCard and yet you claimed the discount and thereby avoided the correct fare.

 

You compounded that offence by being untruthful when questioned. In telling the inspector that you had a valid GoldCard that was lost, you made another attempt to deceive

 

You say that there was another person on the train who was allowed to pay a £20 penalty, but only he and the inspector knows why for certain. All that you know appear to know is that the traveller didn't have a ticket.

 

You say that you thought it was because the inspector 'didn't like you' that you were not allowed to pay a penalty fare. That is not the case at all. A £20 penalty fare is NEVER an acceptable remedy where provable fare evasion is concerned, and the inspector correctly reported clear evidence of an attempt to avoid the correct fare due. There is no inconsistency here.

 

In your letter, you say that this offence, committed on 28th August, was by force of 'habit' and yet you say that you stopped being a bona-fide GoldCard holder in January. The prosecutor will question your written statement in the letter closely. 'If it was a your 'habit' to claim a GoldCard discount', have you been doing so for the past 8 months?'. If yes, there is an apparent habit of avoiding fares, but if no, there is evidence of an isolated incident of fare evasion.

 

Your best course of action really is to write to the prosecutor, be extremely apologetic, recognising the stupidity of your impulsive action, offer to pay the fare avoided and the TOC's reasonable costs in dealing with the case (all of which are incurred because of your actions) and undertake not to repeat the offence, asking if the matter can be disposed of without Court action.

 

They don't have to agree, but if you have not been warned before and don't have a record of penalty fare notices, if all their costs & fares are paid, they will consider it.

Edited by Old-CodJA
poor grammar
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  • 1 year later...

Hi AL100. Congrats on the result. I'm in a similar position, can't get through on the phone, and need to get this resolved out of court asap. Did you actually visit the office at Kings Cross? Is it permitted? Also, would you be prepared to let me know the email address you used?

 

Thanks

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