false details to train inspector

[RPI]

I have had many people in first class admit under caution that they intened to avoid thier fare, "Is it fair to say that your first class fare would have been avoided if I had not spoken with you today?" never had one say no!

[SRPO]

I have had many people in first class admit under caution that they intened to avoid thier fare, "Is it fair to say that your first class fare would have been avoided if I had not spoken with you today?" never had one say no!

 

I dont intend to be rude, but if you think that proves intent to avoid you really need re-training.

[Old-CodJA]

I have been away for a few days and see that since I last posted it seems that a bit of a difference of opinion has arisen.

 

Well, I would say that we all have our own ideas about what the charge (or some people might consider lack of one) might be, but I would say that if all is exactly as the OP has posted, and knowing abilities of the FCC team, if they were really determined to go for it, my guess is that their prosecutors could probably prove the more serious charge in this instance. (Reference to Makin (1894) or Armstrong (1922) might help.)

 

That said, I really wouldn't 'panic'.

 

As someone else kindly pointed out even if convicted, on its own this isn't likely to be serious enough to affect a visit to the USA.

 

In my opinion, the best course of action for the OP is to await the verification letter and respond accordingly because then, he or she will know what FCC are claiming.

[Grotesque]

Panic20011 (BTW, hope you DON'T!!!): If you send in that letter above, plus a signed / dated cheque for £200, I would consider it highly unlikely that a TOC Prosecutor would feel the need to progress the matter legally. Mind you that does depend on your previous record of Penalty Fares (which I gather were all cases of failing to carry season tickets?)

 

A bird in hand, etc.... GOOD LUCK!

[RPI]

I dont intend to be rude, but if you think that proves intent to avoid you really need re-training.

 

Well in over ten years i've never had a case thrown out, [edit] - behave - dx siteteam

[honeybee13]

SwiftJr, I see you haven't been around since 1st June. I hope you've seen the replies you had and that they've helped.

 

HB

[SRPO]

Well in over ten years i've never had a case thrown out,

 

Do you have any input into what happens to reports you submit?

[timbo58]

I dont intend to be rude, but if you think that proves intent to avoid you really need re-training.

Can you enlighten us as I can't see anything I would change from that final 'killer' question? perhaps I'd have said 'fare' rather than 'first class fare' since (R V Makin 1946 unless I'm mistaken?) 'a passenger who travels in 1st with a std ticket has not paid his/her fare', so even if they hold a std ticket this question will provide some proof of intent if answered in the affirmative and then the notes signed as per a normal interview under caution?

 

I have been out of the loop for over 2 years though: has the legislation changed or more evidence is now required?

I would have thought any signed affirmative to that question proves 'intent'?

[SRPO]

Ok, as a very simple example:

A partially sighted person is found to be in 1st class with a standard ticket, they are questioned under caution "Is it fair to say that your first class fare would have been avoided if I had not spoken with you today?" they reply "Yes".

I suggest that in court an attempt to prove intent to avoid would fail, you would also have to prove that they knew they were in 1st class.

The 'killer' question would need to be something like "I put it to you that by sitting in 1st class without the appropriate ticket it was your intention to avoid the fare due".

 

There is a huge difference between Inspectors writing reports for fare evasion & the charges that are actually brought by the prosecution in court, reports not showing clear intent will be charged as a byelaw offence.

[timbo58]

ah yes, I see: and it rings a bell definitely!

I remember using that exact phrase quite a bit a few years ago now!

Must be early onset alzheimers kicking in!

[Panic2011]

Well it's been a few months so I just wanted to update everyone on what has happened. This morning I got a letter back from FCC saying that they would agree to settle out of court and accepted my offer of £150 pounds! Result!*

 

£150 = no criminal record = bargain!*

 

I would like to thank everyone who has helped me out with advise and support and particularly old-codja for supply template letters.*

 

Thanks again and I have certainly learned not to sit in1st class and if anything like this ever happens just shut up and pay the £20 fine!

*

Off for a pint now, cheers everybody!*

[honeybee13]

Hello again and thank you for letting us know.

 

May you travel in peace in future .

 

My best, HB

[Old-CodJA]

Well done, really glad it worked out for you and thanks for letting us know.

 

All the best

[Grotesque]

Yes, nice result, cheers for the update Panic. Hope you won't ever again. (Panic, that is! lol, etc)

[Stigy]

Good result, have a beer for me!

 

Thanks for coming back with an update!