Accused of fare evasion - **SETTLED OUT OF COURT **

[firstclassx]

Ah I jus looked at the sumons n they were stamped 28th jan?

 

Ahh unlucky. Must be a busy court, probably listed for Dale Street, Liverpool, I'd imagine.

 

At least Liverpool Magistrates Court is very used to dealing with railway offences, the conviction rate for them is about 95% though! You'll get a fair trial mind.

 

I'd consider instructing a solicitor for the Section 5(3) Regulation of Railway Offence, the problem is most solicitors don't fully appreciate or understand this niche area of law, (could even cause more damage!) and those that have the specific knowledge will cost a fortune.

 

Unfortunately, I suspect you will almost certainly be convicted for the Byelaw 6 Offence, but there's no criminal record attached to this. Probably a fine £80-£100.

[Becky_kay]

Its just soooo annoying I'm going to be put in the same catagory as people who have actually gone out there to defraud the system and avoid paying fare!! Mistakes DO happen, look at their letters to me with conflicting stations on..blatantly a mistake..but one that will get overlooked with a second thought no doubt! I could litterely kick myself for not checking the ticket sooner but it hadn't even crossed my mind to knowing I'd bought it just the day before, I was in such a horrible place that day too with everything going on. Alls I can do is hope the judge sees I had no intent I guess..

[Old-CodJA]

He spoke to me like I was some sort of low life criminal trying to avoid paying all of 3.90! It's ludicrous!

 

 

If you wish to convince the TOC of your error and wish to get this settled before the Court hearing, you really do need to take this tone out of your responses.

 

I understand that you may feel aggrieved, but it is not 'ludicrous' that the TOC should process what has been reported as an attempt to avoid payment of their £3.90. The amount of the fare does not matter.

 

I am convinced from reading your posts that as firstclassxx and Bazzas have said, the tone of your responses has convinced the TOC prosecution office staff that the inspector was right.

 

If you wish to convince them that you are genuine and wish to get them to deal with this without having to engage a Solicitor, or put it before the Court, do try to take the accusatory tone out of your comments no matter how minor you may think that is.

[Becky_kay]

I'm not sure how I am meant to be though, I am litterly desperate to make them see I didn't meant to do anything. If I had done id begging for their forgiveness. Which approach with them should I try? I really don't know what else to do! I understand by putting it on a forum people are entitled to their opinion and I take each and every one on board. But until you are being accused of deliberately doing something which you honestly never intended to and could ruin your life you just could not understand how frustrating and upsetting it is. Not every case is as black and white. I'm having to go back to the doctors today as this weekend has been the worst ever it's made me ill.

[BazzaS]

I'm not sure how I am meant to be though, I am litterly desperate to make them see I didn't meant to do anything. If I had done id begging for their forgiveness. Which approach with them should I try? I really don't know what else to do! I understand by putting it on a forum people are entitled to their opinion and I take each and every one on board. But until you are being accused of deliberately doing something which you honestly never intended to and could ruin your life you just could not understand how frustrating and upsetting it is. Not every case is as black and white. I'm having to go back to the doctors today as this weekend has been the worst ever it's made me ill.

 

"I understand by putting it on a forum people are entitled to their opinion and I take each and every one on board."

 

For what it is worth my opinion is based on what I've seen here and my observation of how things go when people write in and the " tone" of their posts.

OCJ's is based on 20+ years of working in revenue protection and prosecutions for a TOC.

 

You may not like the bluntness of the replies saying "this is how it works in practice", and you certainly don't have to take any advice offered, but in the end :

Do you have to deal with

a) things how you'd like them to be, or

b) things how they actually are?

 

I'd suggest dealing with them as they are. Once the "dust has settled" by all means campaign for the system to be changed.

[Becky_kay]

Yeah I do appreciate all the comments and opinions like I say I take them all on board.

[Grotesque]

Did you put the ticket through the automatic gate or not?

If you didn't you can request a printout of the ticket proving that it had not been used the day before, so in other words you were not better off and the toc didn't lose a penny.

Also if they refuse to give you a printout, have you got evidence that you stayed in st helen for the night?

Hotel receipt, friend's statement, etc.

With regards to the swearing, I would write an official complaint to the toc about the inspector and his incorrect account of facts (don't call them lies).

The judges usually are inclined to believe all the rubbish they hear from inspectors, even if there's no evidence to support them.

A good judge would see through it, but...

It wasn't your lucky day, was it?

 

Are you serious? And are you seriously here to actually help people???

[king12345]

Are you serious? And are you seriously here to actually help people???

Can you please expand on your rant?

What is it that you find controversial in my post?

[Becky_kay]

I managed to speak to the team today and just explained everything my situation and how I hadn't meant to do it, I took everyone's advice and was apologetic and said I did see how it looked. I'm so greatful they called back half hour later and reviewed my case and it's been settled out of court. Thanks for everyone's advice and help.

[king12345]

Nice one!

[Becky_kay]

Thank you very much king12345, this has litterly been the worst few days ever for me since receiving the summons. I won't bore you with the dets but had a lot on my plate previous to this! I spoke to a manager today and explained everything and my side and this time took a more apologetic route instead of "excuses" type route, thankfully they have seen I didn't intend to do anything malicious and with it being a first offence it's been settled. Gonna write a letter of a apology to the officer also for the silly comment!

[Grotesque]

Can you please expand on your rant?

What is it that you find controversial in my post?

 

Merely that you demonstrated little knowledge of courts and even less of revenue protection.

[Grotesque]

Gonna write a letter of a apology to the officer also for the silly comment!

 

Very nice touch! Well done

[BazzaS]

I managed to speak to the team today and just explained everything my situation and how I hadn't meant to do it, I took everyone's advice and was apologetic and said I did see how it looked. I'm so greatful they called back half hour later and reviewed my case and it's been settled out of court. Thanks for everyone's advice and help.

 

Excellent!

It is a bitter pill to swallow when you know you didn't mean to do wrong, but the apology and "out of court" / administrative settlement is ( I hope) the best solution for you.

 

Even if found not guilty of the intent to evade a fare and Bylaw 6 offences, if they laid a Byelaw 18 (within the 6 months) you'd have had no defence.

 

This way is better, you know it is settled. Well done, now you can relax.

[honeybee13]

Hello again Becky.

 

I'm delighted you have managed to settle your problem well done. Thank you for letting us know, I'll amend your thread title.

 

HB

[king12345]

Merely that you demonstrated little knowledge of courts and even less of revenue protection.

 

You're having a laugh, aren't you?

This is not facebook and I'm not a fat teenager.

Trying to dismantle someone's expertise on this forum is something I would expect from a new member, not you.

Maybe we should all stop giving advice and leave the very few "know it all" to answer all queries.

Possibly making such comments fills your empty life with a sense of self respect that you couldn't gain otherwise.

Apologies if I tried to help, in future I will make sure I don't join a discussion that you are orchestrating.

Peace!

[honeybee13]

I think this thread has run its course now so I'm closing it to end on a positive note.

 

Becky, if you wish to reopen it, please contact the site team. Otherwise it will remain visible but nobody can post.

 

HB