Answering the Intention to Prosecute letter

[dogl]

Dear experts and members of this forum,

 

I would like to ask you an advise on how to reply to the Intention to prosecute letter I've received recently.

 

The situation is: about 1.5 weeks ago I was travelling on the FCC train from London. I had with me my wife's valid season ticket (monthly). The inspector entered the train and when asked for the ticket, I have presented that ticket to him (it was inside the case with my photo id instead of my wife's one). The numbers on the ticket and on the photo id didn't match and inspector insisted in filing the case and confiscating the ticket. At all this time I was polite and supportive to the inspectors questions.

 

The most important answer, which I've given to inspector I think was: When asked whether I do understand that using somebody else's ticket for travelling resulted in me not paying for my current fare? I said - yes.

 

Now I have received the letter from the Prosecutions Manager asking for reply with my view of the situation.

 

Several points on that: details of offence:

 

1) failing to hand a valid rail ticket for inspection

2) receiving a ticket with intent

 

What I am planning to do: I am planning to reply to the letter with sincere apology, admitting that I didn't pay for my fare, because as I normally don't travel to London and we had a valid ticket in our household and the other person (i.e. my wife) wasn't travelling to London on that day I thought it would be ok to use her ticket for the travel. In the discussion with the inspector I understood that I was wrong to use my wife's ticket and helped him in any way I could to understand and record the matter. I am happy to make all necessary amendments the FCC feels will be appropriate in that case and promise not to make the same mistake in the future.

 

Few questions in regards to this letter:

 

1) I don't want to escape or minimise the penalty, I just don't want it to be more severe as it should because of my luck of knowledge in this kind of matters. Thus, it would be great if you could tell me whether the general idea of my response is ok, what can be added, removed, any important points I didn't think of?

2) Do I mark it "Without Prejustice" or actually in this case it doesn't make any difference?

3) Do I say anything in this letter that I was buying the season tickets for myself for a long time now and along the tickets confiscated from me were many season tickets on my name, which proves my intend to pay for my fares?

4) Do I have to use the list of paper provided to me by FCC for my reply or can I print my reply on any piece of paper (it is just more convenient if I do the later).

5) In the Notice of intention to prosecute it is mentioned that I DO NOT send money with my reply. How do I suggest that I am prepared to pay the fine and compensation costs? Do I specify the sum and if yes, what sum?

6) Any other thoughts, suggestions are most welcome.

 

Thanks in advance to your time and the answers.

[Wriggler7]

I would suggest that you tell them as little as possible. It may be that aspects of your season ticket history, and your wife's, might cause them to think that you have been 'at it' previously.

 

Of course, they might have already reached a decision, based on a mixture of evidence and company criteria. I guess the thing to do is to reply, make sure that all the reference numbers, your name and address are on you letter, explain that you are deeply embarrassed, that you are fearful of potential consequences, and wonder if they would be prepared to take no further action if you meet all reasonable costs of the matter so far. Worded carefully, the letter does not admit guilt of an offence, but accepts a 'liability'.

 

I am surprised that the letter seemes to relate to byelaw offences, when the evidence seems to fully demonstrate an offence contrary to section 5,3,a of the more serious Regulation of Railways Act 1889.

[dogl]

Thank you very much for the hints. I will start working on the letter. Once the draft is finished I hope it will be OK to post it in this thread, so you can tell me whether it needs to be changed.

 

Not sure of why the byelaw offences were invoked, perhaps the evidence in inspector's report suggested it (I explained pretty much everything, what happened in my original post except for the fact that I didn't give any comment to the question of whether my wife knew I took her ticket).

[Old-CodJA]

Whatever you do, if you post your draft letter here for comment make sure that you exclude all personal details and anything from which you can be identified.

[Maxwell TM]

Wriggler7 has pointed out that this matter is probably meat for s5:3 of the RRA 1889. With strong evidence and an element of 'public interest' the matter may well go forward for prosecution. I agree that an apologetic and remorseful letter is totally appropriate, but certainly without mentioning ignorance of ticketing rules. As a long term photocard holder yourself, it would be illogical and probably counter-productive to claim that. If this does reach court, a candid admission of a one off lapse and a promise not to re offend will almost certainly serve you well.

[dogl]

Thanks a lot for your answers. Here is the draft letter as promised. It would be great if you could suggest of what can be added/removed from it.

 

Dear Prosecutions Manager,

I am writing to express a sincere apology for the situation described in your letter Ref: … Date:…

Your letter describes the details of the events correctly.

I want to assure you that I am feeling deeply ashamed and embarrassed with this situation. I will certainly learn from the experience and will never let it happen again.

 

I would like to ask you to allow me to make the necessary amendments to your company. I am fearful of the potential consequences for my future and I wonder if you would be prepared not to take any further action if I meet all reasonable costs of the matter so far? I would certainly greatly appreciate it.

 

I would like to assure you that I am always willing to cooperate and support your efforts in this matter.

[Wriggler7]

Not sure about 'necessary amendments', unless you intend to sack the managing director. perhaps 'suitable payment to cover any costs to your company of this matter'.

[Maxwell TM]

Candid, to the point and with the suggested edits, hopefully effective. Good Luck.

[dogl]

Thank you everyone who replied to this thread!

I've got a reply to my letter, which I've mentioned above, asking me to contact their prosecution department. How do I go about talking to them? What if they ask direct questions of whether did I take my wife's ticket with intent or whether I've shown her ticket to the inspector with intent or whether I've intended to avoid the payment for the fare, what should I say?

[Old-CodJA]

Thank you everyone who replied to this thread!

I've got a reply to my letter, which I've mentioned above, asking me to contact their prosecution department. How do I go about talking to them? What if they ask direct questions of whether did I take my wife's ticket with intent or whether I've shown her ticket to the inspector with intent or whether I've intended to avoid the payment for the fare, what should I say?

 

To be fair, only you can respond truthfully, but that is the important element

 

If you have been asked to contact the prosecution manager, I suggest it is likely to be to agree a sum that will be acceptable to the company to settle the matter administratively.

 

If, in the unlikely event that you are questioned about 'intent', or the incident itself by telephone, I suggest that you say "I have nothing to add to the report made by the FCC inspector"

 

good luck

[dogl]

I've spoken to FCC. As you said the discussion was around the fact that they would consider a letter from me with an appropriate compensation. They couldn't tell me of what the acceptable sum would be. From the conversation and from some of the threads on this forum I can see that the compensation should be around 200 GBP. Would you say it is an accurate assumption?

[Old-CodJA]

Well it's not for me to make a decision on behalf of FCC, but I would expect them to accept that sum.

 

I would have thought that their costs application in a successful prosecution would be around £150 and then there is any fare to be added in compensation, but given that getting them to agree a settlement, saving a fine and victim surcharge plus avoiding a criminal record has to be worth the little extra.

 

Ithink that if you offer your suggested figure they are very likely to accept it.