Re: First Capital Connect and Out of Court Settlement

[paulfrank 1]

I recently received a notice of intention to prosecute from First Capital Connect, where they explained my case of ticket dodging and what the maximum penalties that can be imposed on me. I sent them a letter to explain the situation and they replied back saying they will be continuing with the case.

 

However, I was travelling on the same journey again and was checked again by another Revenue Protection Officer. I explained the whole case to him and his opinion. He stated that going to court was the last possible option the Company would pursue. The Prosecutions Department did out of court settlements.

 

And so, my question was, considering the on-fare was £20, what would be an appropriate amount for an out of court settlement?

 

Thanks a lot!

[honeybee13 3,972]

Hello and welcome to CAG.

 

From what you said above, it sounds to me as if they're planning to go to court. Yes, they sometimes settle out of court and I hope the guys here will advise you on an reasonable offer to make.

 

The company don't have to accept it an out of court settlement, but there's no harm in trying.

 

I hope the guys in the know will be along later. In the meantime, it would help if you tell us a bit more about what happened if you wouldn't mind.

 

My best, HB

[MrGates 1]

What are they prosecuting you for? If they have turned down your 1st appeal it must be quite serious. As the inspector said they do offer/accept out of court settlements on some cases.

 

Anyway, your £20 offer of a settlement won't get you very far on this occasion to be honest.

[paulfrank 1]

I have attached all the interaction i have had with the company to date.. MrGates, the £20 was the initial fine that would have been imposed on me. I was wondering what would be appropriate at the moment.

 

The letters are in date order and my response is stated separately.

 

Thanks again to everyone for replying...

Letter for First Capital Connect.pdf

Notices from First Capital Connect.pdf

[honeybee13 3,972]

Hello again.

 

Mr Gates is right, we need more information about what they want to go to court for.

 

I'm also hoping that if someone like Old-CodJA sees this, they will give you an idea of what offer to make. From memory, it would be something like the unpaid fare plus reasonable admin expenses for FCC, but don't quote me.

 

HB

[SRPO 238]

I think you should know that you details are not hidden, you would be better protected if you edited the documents.

[honeybee13 3,972]

I think you should know that you details are not hidden, you would be better protected if you edited the documents.

 

Thank you for that SRPO. I thought I'd checked, but clearly I wasn't careful enough.

[MrGates 1]

Bit of info on the offence and we may be able to suggest some ideas.

[paulfrank 1]

I was coming back from Mill Hill Broadway to Kentish town and tapped my oyster at the machine (there are no barriers). Turns out the machine never read my oyster, even though I had enough money for the journey. I was checked on the train for a ticket, which showed that I had no entry for the journey and was thus travelling without a ticket.

 

The officer asked me to pay a partial/full fine by cash or card but I did not have sufficient funds on me. He then took a statement from me about the incident and said I will hear from the company soon.

[Old-CodJA 4,110]

Been away for a few days and only just seen this. In short it appears that you are likely to be charged with breach of National Railway Byelaw 18.1 (2005) 'Fail to pay fare before travelling' unless FCC feel they have evidence to suggest that you 'intended to avoid a fare' contrary Section 5 of The Regulation of Railways Act (1889)

 

The first charge is a strict liability matter; you do not deny that you were there, you could not produce evidence that you had paid your fare before travelling, pre-purchase facilities were available

 

I suggest that if the TOC goes for the more serious S.5 charge, they must feel they have a strong case, otherwise they would not waste time & money in pursuing the matter.

 

Yes, as HB pointed out, I think that you might like to try sending a letter of apology asking FCC to consider disposing of the case without troubling the Magistrates by accepting your offer to pay the unpaid fare, plus all the reasonable costs incurred by them.

 

If the matter proceeds to court and you are convicted , the TOC will ask the Magistrates to order you to pay the fare and prosecution costs. The cost figure that they usually ask for varies between £120 - £150 and so I suggest an offer in that sort of area will be a sensible and entirely reasonable starting point.

 

EDIT: Of course, you might choose to make a lower offer and see if they accept on the basis that if it doesn't proceed to a Court hearing, a small part of their costs would not be incurred, but it's a matter for you.

Edited April 13, 2012 by Old-CodJA
Added afterthought

[ashlondon 1]

I have attached all the interaction i have had with the company to date.. MrGates, the £20 was the initial fine that would have been imposed on me. I was wondering what would be appropriate at the moment.

 

The letters are in date order and my response is stated separately.

 

Thanks again to everyone for replying...

 

I'm in the same problem how did you settle it out of court...please your answer will be life saving for me..