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Hi All,

I think I've gotten myself in a fair whack of trouble and I've seen that this forum has really helped a few people out who have been in my situation in the past, I was wondering if anyone would mind looking over this letter? Hopefully it will explain everything, i'm planning on sending it to FCC.

If you could tell me what you thought I would be extremely grateful.

Thanks in advance.

FYI I have not yet received any summons, I was planning on printing this off and delivering it to the prosecution dept in person.

 

Dear First Capital Connect,

 

I am writing to you to explain a series of events which began on the 13th of July.

 

On the Friday 13th of July 2012 at around 6pm I was traveling from Brighton to East Croydon on the FCC Bedford service. I was distracted, and missed my stop at East Croydon, and so I alighted the train at Farringdon, hoping that I might be able to extend my ticket upon arrival. I proceeded to the gates and asked a FCC employee if I could extend my ticket and was told that I could not, and that a Penalty fare would have to be issued.

 

Not having the funds upon my person to pay the fare at that time, I was told I could pay the fare at a later date if I gave my name and address. I live with my mother, and did not want her to see any communications regarding fines because it would have caused myself embarrassment and her stress, and so impulsively, I gave the name of an old school friend. I regretted doing this immediately, but panicked and thought that the consequences would be fare worse if I did not continue, and stupidly I gave an old address for this person, thinking I might at least then be able to intercept the communications from FCC at the given address and pay the fine that way. I left the station, realising that what I had done was stupid, but unsure of what to do.

 

After realising the potential gravity of my actions I returned to the station on the next working day (Monday 16th, at around 6pm) and confessed everything to a member of station staff, who I think was called xxxx. I told him that I was there to take responsibility for what I had done, and to provide the correct details. He told me I would have to return and talk to the member of staff who completed the form, in this case a staff member called ‘xxx’. He told me she would next be working on Wednesday 18th , and so I returned again this morning at 7am and confessed my grave error to this member of staff, saying that I was willing to accept the consequences and wanted to set the record straight. She gave me the address of the Prosecutions Department to write to, which is why you are receiving this letter. I have enclosed details of the false details which I regrettably gave, and my correct details are also enclosed.

 

I cannot believe how stupid I have been, and I feel an inexpressible burden of regret for my actions and the harm they may have caused to everyone involved in this situation, and I would particularly like to extend an apology to the station staff involved. I realise that fare evasion costs the industry 400 million pounds a year, and I understand the need for a Penalty Fare system. Although I never intended to evade my fare, or to give false details, I can solemnly swear that I have learnt my lesson, and will make sure nothing of this nature ever happens again.

 

I realise that if FCC choose to bring this before court I will have to accept that decision, but if you are willing to settle out of court I would be willing to pay my full penalty fare and offer compensation of £300 pounds to cover all of your costs to this date. I have enclosed both cheques as a token of my sincerity. I would be extremely grateful if FCC were willing to consider this, as a criminal conviction would ruin my career as a social worker, in which I which involves care work with vulnerable and disabled and adults and elderly people. I also have family in the United States, and a criminal conviction would mean I would very likely never see them again.

I realise that I have made a grave mistake and now I must leave the issue in your hands.

I apologise again for my stupidity and ask that you consider my plea.

 

Thank you.

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For what it's worth, I think your letter comes across as very sincere - coupled with the fact that you actually went out of your way to come clean, and the disproportionate effect a criminal conviction would have on you, I would hope that they would settle without prosecution. Of course, I don't know that for a fact (I'm not sure anyone on here would be able to give you that much reassurance), but I do hope common sense prevails in this case. Good luck.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Hello there.

 

Please wait for the transport guys to turn up and advise you, because I'm not sure if FCC will be able to tie up the correspondence. We normally advise to write once you hear from them, but I can see in your case that you have something to resolve before they write if you can.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Thank you both. My problem is that I am unsure whether they are able to contact me, and this is why I am taking the step of first contacting them to explain the situation.

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You could have made matter a lot worse here by the looks of it I'm afraid. Basically, you received a Penalty Fare, correct? Assuming where you say you didn't have the funds on you for the fare, you are still referring to the Penalty Fare and not the rail fare, I suggest you simply pay the Penalty Fare and be done with it, as there'll probably be no further action this way, as the RPI clearly accepted the details you provided. You will know this as the case, as you would have been given a Penalty Fare notice. Having said this, you did rather drop yourself in it by hunting the RPI down, though it does sound as though the RPI just wanted rid of you by simply giving the Prosecution Department's address, rather than taking details herself.

 

I would still advise paying the penalty at this stage, and CERTAINLY don't post that letter yet, sincere as it seems! It probably wouldn't be in the RPIs' interest to pursue this, as he or she would have done so already when you paid them a visit. The only reason I'd consider sending that letter is if you were not Penalty Fared in the first place, but reported for consideration of prosecution, whereby the company would not be able to get in touch with you to serve a summons.

 

Assuming you gave your own address, I'd wait to see if anything turns up, but still pay the PF in full in the mean time. DO NOT open the other mail, but you'll know it is from FCC as it'll have your old buddy's name on it! This is the time to send FCC your details I would say.

Edited by Stigy
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Thanks very much for your reply Stigy.

 

I should clarify - no penalty fare was given at the time, I believe the FCC official who took care of it (not actually an RPI herself) interviewed me for what I believe was an MG11. She asked me a few questions, and I was not given a form. I do not think at this stage I have the opportunity to pay the PF, as the address given was a former address of my friend, and presumably they won't be sending a PF there anyway, they'll be sending an intention to prosecute notice (this is what they do when you can't pay any of your fare, right?)

Otherwise I would happily pay the PF, but if its going to another address and its under another name I get the impression that avenue is now closed. Is this making sense?

Thanks

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Thanks very much for your reply Stigy.

 

I should clarify - no penalty fare was given at the time, I believe the FCC official who took care of it (not actually an RPI herself) interviewed me for what I believe was an MG11. She asked me a few questions, and I was not given a form. I do not think at this stage I have the opportunity to pay the PF, as the address given was a former address of my friend, and presumably they won't be sending a PF there anyway, they'll be sending an intention to prosecute notice (this is what they do when you can't pay any of your fare, right?)

Otherwise I would happily pay the PF, but if its going to another address and its under another name I get the impression that avenue is now closed. Is this making sense?

Thanks

Okay, it would appear I got the wrong end of the stick before. You are correct in that if you can't pay for the full fare for the journey you have made, you will usually be reported for consideration of prosecution (MG11). If that's what happened here, then I would say a letter at this stage would probably be acceptable, as you won't be able to receive any correspondence at the other address. I have to say though, as generous as your offer is, I wouldn't hold my breath that a settlement would be accepted. On the bright side, if you do go to court, you'll at least look favourable in the Magistrates' eyes, as you've admitted your mistake very early on.

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For what my opinion is worth, I would hope that the prosecution manager to whom your letter will inevitably be referred would see and read that in the same light as I have.

 

If it came before me, I would accept your apology and offer and would issue a written warning to you not to repeat the offence. I would send a letter reminding you that if you did come to be reported again, prosecution would be an inevitable consequence

 

I hope that FCC will do the same

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Thanks again to both of you, your responses have been really appreciated. I think I'm going to send this.

Any idea who the cheques should be made out to? Just First Capital Connect Ltd?

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Thanks again to both of you, your responses have been really appreciated. I think I'm going to send this.

Any idea who the cheques should be made out to? Just First Capital Connect Ltd?

 

Yes, to First Capital Connect

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  • 3 weeks later...

Hello! Just to provide an update on this, received this letter a couple weeks after sending mine:

 

"Thank you for your letter of 19th of July concerning the incident that took place on the 13th of July. As you are aware the inspector involved made a report of the matter and referred it to this department.

 

Incidents of this type relating to not having a valid ticket for the whole of a journey and providing false details would usually be processed for hearing at Magistrates Court. However, having considered the information provided in your letter the decision has been made to accept your offer to settle matters for the sum of £320. Thank you for the cheques you have sent totalling this amount. In the circumstances our records have been marked for no further action."

 

Phew! Thank you very much to all the people who posted on this, so glad I came clean right at the start rather than letting this drag on. Quick, (if expensive) resolution, but definitely worth it for no criminal record or extensive court proceedings. Cheers again to everyone who helped with this.

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Oh, I'm really glad to hear that! Delighted to see honesty being rewarded, too. :whoo:

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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