Jump to content


Please note that this topic has not had any new posts for the last 2387 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello People

 

First of all thanks to admin for creating this platform for people to ask their questions.

 

To begin with me and my wife worked full time and had our own individual train pass

but she went on maternity in sept 2012 and joined work in jul 2013.

 

We both work for same company and we work flexible hours now so i work 4 days a week

and she works remaining of the 3 days so that we can look after our daughter ourselves.

We thought it was obvious that we take one monthly pass as only one of us will be at work at a time,

which i know now is not allowed and did a grave mistake by not checking it before.

 

My wife was caught using pass which was registered in my name.

We both got a letter from the train company to attend a interview at the train station.

Now we dont know what will happen,

what to expect in the interview whether they will be happy to do out of court settlement or w will be prosecuted,

 

we just started a family and dont want to ruin our future.

If anyone has any suggestions or tips or any personal experience please share and help.

 

We both are hardworking individuals in fact on the same train journey my wife found an unattended wallet

and she rightfully handed over to the ticket master before she was caught using my train pass

i am aware this has nothing to do with my query but just thought ill share.

 

Thanks

Link to post
Share on other sites

Hi and welcome to CAG.

 

No doubt the "pass" (which ever type it is) will clearly state in it's T & C's that it is not transferable. Also, ignorance of the rules is not normally a valid defence.

 

Having cleared that up, you should simply write a grovelling letter pointing out that this is you one and only travel "offence". It is important that you admit the offence and now understand the rules and that you will never do it again.

 

I'm sure that unless you have a previous history of doing something similar, that they will apply an official caution against prosecution.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Link to post
Share on other sites

Hello Sailor Sam,

 

Thanks for the quick reply.

 

I agree i should have checked the T&C's, ignorance is not my defence.

 

But in the letter it gives a mobile number and says please call us on the day you arrive at the station for the interview

should i still write a letter or just go for the interview.

 

As per the previous threads one gets a letter for prosecution and then the defendant writes a letter for forgiveness

but i got a letter straight away for an interview.

 

Please shed some light if you can.

 

Many Thanks

Link to post
Share on other sites

It won't do any harm in you writing down an explanation to which you can refer to in the interview. Important thing is to admit that you made the mistake and that you won't do it again. If you have no previous, than I would say there is a good chance they will treat you sympathetically.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Link to post
Share on other sites

simple answer is to be honest at the interview

 

its not there to trip you up

 

just simply to get at the truth.

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

Link to post
Share on other sites

Thanx for the reply dx. I am going to be honest at the interview the only thing worrying me is if they decide to prosecute will i end up with criminal conviction as im in middle of applying for mortgage and also need to apply for my visa extension in 3 years time not sure if it affects me...having sleepless nights at the moment.

Link to post
Share on other sites

your visa should be ok

 

I VERY much doubt they'll prosecute

but they wont say so at the interview I don't think.

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

Link to post
Share on other sites

As has been said, be honest in the interview and await the outcome. For them to invite you to a second interview means they need more information regarding what occurred. Be truthful and await the outcome. They my offer a final warning and for you to meet their reasonable admin costs. If this is the case I strongly recommend taking this route. If they say they will be proceeding to court, it's up to you to offer to settle the matter administratively, whilst saying you appreciate what you did was wrong etc, and how a criminal record could affect your future.

Link to post
Share on other sites
  • 1 month later...

Hello Guys, i attended an interview and they have offered me an out of court settlement for me and my wife. Heres the cost, ready its £322 fine for my wife and £1000 admin cost for her and £1000 admin cost for me ie total of £2322 out of court settlement. What do you people think i should do. We cannot afford this amount of money do you people think i should somehow pay this and avoid or wait for court summons. Please Help. Thanks

Link to post
Share on other sites
Hello Guys, i attended an interview and they have offered me an out of court settlement for me and my wife. Heres the cost, ready its £322 fine for my wife and £1000 admin cost for her and £1000 admin cost for me ie total of £2322 out of court settlement. What do you people think i should do. We cannot afford this amount of money do you people think i should somehow pay this and avoid or wait for court summons. Please Help. Thanks

 

If you choose to pay this administrative penalty (it isn't a fine : only a court has the power to fine you) then they won't take you to court.

 

If it goes to court, your wife can be prosecuted for using your pass.

If they are asking you for an administrative penalty : are they considering prosecuting you for making your pass available to you wife?

 

In court one or both of you might be found guilty of a criminal offence.

 

The issue becomes how much (if anything ??) you might be financially better off by going to court AGAINST the fact that if found guilty in court your wife and/or you may get a criminal record .......

Link to post
Share on other sites

Thanks for the reply Bazzas. We already admitted guilty in the interview so even if im being taken to court i dont have anything to fight for. But the amount they have asked for is extortionate. Also this is out if court settlement and they are not taking us to court.

Link to post
Share on other sites
Thanks for the reply Bazzas. We already admitted guilty in the interview so even if im being taken to court i dont have anything to fight for. But the amount they have asked for is extortionate. Also this is out if court settlement and they are not taking us to court.

 

Precisely! It is "out of court" : so no criminal record.

Perhaps the industry experts here could give you an idea of how much you'd be looking at in total if it went to court.

 

Even if the "went to court" cost is less (and I doubt it!), would the difference be worth it to you given that court will likely mean a criminal record.

 

The sole advantage of costs imposed by court is that if you require time to pay the court may set a payment plan, while the TOC's alternative to court will need payment "in one go".

 

If you are worried e.g. about the effect on a visa of a conviction, you should seriously consider the TOC's offer.

Link to post
Share on other sites

The fine will be set at maximum of level 3 on the standard scale (as defined in Section 37 of the Criminal Justice Act 1982, subsequently amended by Section 17 of the Criminal Justice Act 1991, etc): at the mo... £1000.

 

Although first offences rarely attract the top level; is there any previous involved that the firm are aware of, maybe?

Link to post
Share on other sites

Yeah thats right 'wow' even we are shocked. May be when they took our interview they asked us what effect it will have on our jobs if we get ciminal record and i said we will lose ours jobs coz we work in financial institution. I think because of this they know whatever fine they give us we will accept. Can you beilieve the charges for the interview they took they have charged £800 each just for the interview.

Link to post
Share on other sites

Yes they did gave the breakdown...for my wife its £800 interview fee £500 prosecutor fee and £322 southwest trains lost earnings and for me its £800 interview fee £500 prosecutor fee but after 'discount' according to them they will settle in £2322. Im worried coz i cannot afford that much and i believe this is exploitation.

Link to post
Share on other sites

I think that might be it and because im in the wrong i have nothing to fight for...they are right on their part. I have given them a lower amount lets see if they will accept it because i dont have enough money to pay the amount of £2300+

Link to post
Share on other sites

Worth a try; but they generally do not (i.e., never) allow payment in instalments.

Basically, what they are (not) saying is that one of you is guaranteed to be convicted, and that the only way to avoid it is for both of you to pay twice as much.

 

Off the record, I would be interested to hear what a magistrate would say about that strategy: it smacks of demanding money with menaces slightly. However, I dare say it's within the letter of the law, depending on exactly how they have worded it.

 

Good luck with whatever course of action you choose, and let us know.

Link to post
Share on other sites

Hello People, Just to update SWT declined our offer of lower amount and want full amount of £2322 from us so i guess we have no option but to pay. They also confirmed if we pay this amount we will not be prosecuted. Thank you all for helping us out.

Link to post
Share on other sites

I'm not comfortable with this... I would speak to a solicitor before paying. It maybe financially better to have your day in court. I can't see the court fining you anywhere near that amount. BUT of course you risk having a conviction which i'm sure you don't want. I can't help thinking that SWT are holding a gun against your head in saying "pay up to avoid court". The word "bribe" springs to mind...

 

See a solicitor is my advice now.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Link to post
Share on other sites

You are right on word this is politically correct way of blackmailing people to force them into paying huge fines but the thing is im on a visa so a criminal conviction means i will have complications with my visa...and even if i go to a solicitor now i will be paying the solicitor plus taking a risk of getting convicted because i have accepted it was my fault even if it was unintentional. Its our savings of 4 months that they are asking for..i cant risk with a conviction i have been working in this country for 7 years now and cannot take any chances.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...