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    • when did they (who) inform you there was a 'police case' and when was this attained? i will guess the debt is now SB'd as it's UAE 15yrs. have you informed the bsnk ever by email/letter of your correct and current address? you can always ignore anyone else accept the bank,  Block and bounce back all emails. Block any text messages  Ignore any letters unless it's: - a Statutory Demand - a Letter Of Claim - a Court Claimform via Northants bulk.  
    • I left Dubai 8 years ago and intended to return. However a job prospect fell through. I’d been there for 15 years. I decided to pay my credit card and the bank had frozen my account. There is no means to pay the CC so completely unable to pay when I wanted to other than the bank advising me to ask a friend in the UAE to pay it on my behalf!  fast forward bank informs there is a police case against me for non payment. Years later IDR chased me and after months/ years they stopped. Now Judge & Priestley are trying their luck. Now I have received an email in English and Arabic from JP saying the bank has authorised them to collect debts. Is this the same as IDR although I didn’t receive anything like this from them. Just says they are authorised?
    • The neighbour's house is built right on the boundary so the side of their house is effectively the 'wall' in our garden separating the two properties. It's a three storey house and so the mortar poses a potential danger to us. Because of the danger, we have put up an interior fence in our garden to ensure we don't risk mortar dropping on us. That reduces the garden by 25% which is not only an inconvenience, but it's the part of the garden where we had lined up contractors to install a patio and gazebo which we will use for our wedding reception in less than 2 months. We have spoken to the neighbour's caretaker who is on the case, has spoken with a roofer and possibly a scaffolding company, but there are several issues. They don't seem to understand the urgency. As long as there is a risk of falling mortar, we can't carry out any work in the garden, and unless they hurry up, we're looking at cancelling our wedding as it's not viable to book a venue because we can't use our own garden! Also, they want to put the scaffolding up in our garden which would be ok with us if it was a matter of a few days and they hurried up, but there is a tree (most likely protected by the conservation area), so most likely they can only reach part of the roof with the scaffolding if they put it up in our garden. We suggested a roofer with a cherry picker but they seem to want to use a company they've used before. Any and all comments, suggestions, advice is more than welcome.  PS. does it make any difference that the neighbour is a business (ltd) and not a private dwelling?
    • No apology needed, thank you for what you do I am glad to hear they paid. well done on getting back what is yours
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So i was travelling on a train without a ticket because I had forgotten it. When i was questioned, I initially gave a false name and address. Now the train company has taken this to the magistrates court and i face conviction. I am a healthcare professional and so i really cannot afford to have a criminal conviction. What do i do? Will this effect my ability to get a job in the future?

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So i was travelling on a train without a ticket because I had forgotten it. When i was questioned, I initially gave a false name and address. Now the train company has taken this to the magistrates court and i face conviction. I am a healthcare professional and so i really cannot afford to have a criminal conviction. What do i do? Will this effect my ability to get a job in the future?

 

First Capital connect and the only offence they mention is 'Failing to hand over a rail ticket for inspection'

 

Do you have a season ticket, which you had forgotten on the day? If so this may be why they aren't prosecuting for S5. RRA 1889 (intent to avoid a fare)

 

Are they proceeding under Bylaw 18 (failure to present a ticket on demand).?

 

Normal advice is to write, offering an apology.

Their attitude may be being hardened by the initial false details, which may feature in the report made by the TOC staff.

 

If you had previously paid your fare, they can't prosecute you for the false details under RRA 1889 S5(3)c .... But it may still have made them determined to proceed for what they can for trying it on by false details.

 

http://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5

 

If any person—

(a)Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof; or

(b)Having paid his fare for a certain distance, knowingly and wilfully proceeds by train beyond that distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof; or

©Having failed to pay his fare, gives in reply to a request by an officer of a railway company a false name or address,

 

You may have scuppered yourself by the false details.

If you write pleading for mercy given the possible effect on your career, how would you address the "false details" issue if you think that might be what is preventing them being lenient?

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I purchased the ticket with cash and unfortunately i have lost the ticket so i have no proof of even having one. I have already tried writing a letter and they have still decided to proceed with prosecution.

I have no idea how to address the false details issue. I just panicked when they asked me because i feared that it would have an effect on my career and ironically it now is having an effect.

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Write again, explaining what you have explained here.

Apologise (in your own words : they'll have seen enough examples where people copy "a script off the Internet")

You might consider what to cover : the events, any waste of their staff's time from the events & since ....

You might want to offer to settle for their expenses (consider saying you had paid your fare but since you can't prove it & they must hear that all the time you'd be willing to pay it again if they had any doubts) all due to the disproportionate effect a conviction would have on you.

 

If they proceed to court you will likely be convicted and it will show on an eDBS : you'll need to declare that to employers for most healthcare jobs : if you give the circumstances it may be an inconvenience rather than an absolute bar to employment - but try to avoid the conviction by pleading your case to the TOC.

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Good advice by BazzaS,

 

 

Your best hope at this stage is to offer a sincere apology to both the company and staff concerned and ask if you may be allowed to protect your good name by being allowed to pay all of the administrative costs incurred by the rail company and any outstanding fares. Giving a false name and address when initially questioned does raise these matters to a more serious level and given that you have no proof of having purchased the lost ticket, it is encouraging for you that FCC have not proceeded with the S.5 RoRA charge

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I was wondering whether they have not mentioned it so that they dont let me know their entire prosecution case. I am really quite worried about whats going to happen now but i shall write another letter and see how things proceed.

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If you have actually have received a summons for fare evasion and/or giving false particulars your only option is to declare this to your employer, and refer yourself to your regulatory body ASAP. It will be tough, but this will go in your favor over the course of any disciplinary/ fitness to practice procedures.

 

 

Good Luck

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Err nice one CoalMonkey LOL but perhaps let's not cross our bridges before they've hatched... what you suggest is much further down the line as yet and their is still much to be done re. the actual case.

 

Agreed.

 

The aim is to prevent a successful prosecution if possible.

 

If that fails and you get convicted THEN is the time to tell your employer and regulatory body.

 

Different if you were charged with murder, but here there is still the chance you can get them not to proceed!

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You're right. However the letter stated i shall receive a court summons soon. Thus i am panicking now. Thank you for the help. Also wanted to ask if it would be okay to call them and try to persuade them to make an out of court settlement? Or must it be written?

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You're right. However the letter stated i shall receive a court summons soon. Thus i am panicking now. Thank you for the help. Also wanted to ask if it would be okay to call them and try to persuade them to make an out of court settlement? Or must it be written?

 

 

 

it is always best to put any such appeal in writing, there is then a tangible record of exactly what you have said in requesting such a consideration

 

Many prosecution departments will not actually give any decision by telephone in any case. A signed letter will have much more value.

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So I've been in touch with some solicitors who want £1500 to represent me and are confident they can prevent a criminal record.

They informed me that if First Capital Connect have applied for a court summons this will already be on an eDRB.

 

Would it be a good idea to pay them and do this or to try and get Legal Aid? I have no idea..

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So I've been in touch with some solicitors who want £1500 to represent me and are confident they can prevent a criminal record.

 

Are they indeed. What exactly is their area of specialism and what is their pro rata success rate with cases under railway Bylaws? I would want (positive) answers to these questions from them before I parted with my f-oldin' money!!!

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Are they indeed. What exactly is their area of specialism and what is their pro rata success rate with cases under railway Bylaws? I would want (positive) answers to these questions from them before I parted with my f-oldin' money!!!

 

They are Gray Hooper Holt and specialise in Fare Evasion. I shall ask them their success rate and post back.

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I see they list some 'successful' case studies here: http://www.grayhooperholt.co.uk/successful-fare-evasion-cases.html

 

I note that the vast majority involve making 'detailed representations' to the prosecutors- in other words, exactly what you are being advised to do here, except saving you £1500 ;) See, likewise, those cases did not involve proving the company to be 'in the wrong' or without legal foundation, but achieving administrative- out of court- settlements; again what is being advised here.

 

I in no way criticise or defend anyone using this or any other firm for this purpose, but would merely point out that in the context of 'value for money' any expenditure appears to for very little more than you could actually do yourself.

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What is referred to as 'fare evasion' is legally charged as 'intent to avoid a fare or part thereof'.

 

'Intent to avoid a fare' and 'Breach of Byelaw' are two different things.

 

If convicted, intent to avoid a fare carries a record of criminal conviction. It is a recordable offence.

 

Conviction for breach of Byelaw does not result in a criminal record.

 

These offences do not qualify for legal aid. (unless an offender has a record for a number of similar convictions for intent to avoid a fare and would then be in danger of being sentenced to custody.)

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OC, I seem to remember that you have commented on smart alec lawyers not helping cases in the past. I'm not asking about these specific lawyers of course , but what is your view on the more specialist ones and how effective they are please?

 

I understand if you feel commenting is wrong, just thought it might help the OP if you can share any experiences.

 

HB

Illegitimi non carborundum

 

 

 

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