Accepted [unknown] Fake paper railcard from stranger - got caught!! **SETTLED OUT OF COURT**

[dx100uk]

how about repeating a pleading letter?

 

 

the last one was October?

 

 

and we're not too sure of the content either.

 

 

might work if it was worded correctly as they 'seem' to be viewing this offence in a 'light' manner?

 

 

dx

[Bamboo_fighter]

Hi dx,

 

Thanks for your reply. The last one was in October, where I sincerely explained that this violation was a one-off incident and asked for an out-of-court settlement. Also mentioned in my letter that a criminal record might negatively affect my job as I work in finance industry. Furthermore, I agreed to compensate costs and fees.

 

The trial is dated 18th March 2015. I really wabt to avoid court. If sent via post, it takes 2 weeks for them to consider my plea. Shall I send an email instead? Or call them?

 

I know that I seem annoying, but many thanks for your help!

[dx100uk]

no-one views you as annoying far from it.

 

 

I believe there are cases here already whereby phone or letter

they have reconsidered and avoided court

 

 

I'd have to spend time finding them

 

 

but I know of atleast 2 here I think.

 

 

dx

[honeybee13]

Hello Bamboo.

 

You aren't annoying. I agree with dx, you should continue trying to negotiatie. Old CodJA always says that you can continue to negotiate up to and including the day of the hearing.

 

I wouldn't give up, but as dx says you might want to rehearse your reasoning and look around some threads here.

 

HB

[Bamboo_fighter]

Thank you guys, I now feel a relieved and will search for similar threads here.

 

Dx, I would highly appreciate if you remember those 2 cases.

 

Many thanks

[Old-CodJA]

Sorry, left my machine logged in, but not around all evening.

 

In answer to your question, it is always worth trying for a settlement again.

 

If you haven't been successful beforehand you could attend Court in person and speak with the prosecutor before your case gets called into Court. That is sometimes successful in putting a personal plea and agreeing an eleventh hour settlement.

 

If not, putting your plea to the Magistrates in person and if you intend to plead guilty, expressing genuine remorse whilst apologising to the Court and for any inconvenience caused is always a good idea.

[Bamboo_fighter]

Sorry, left my machine logged in, but not around all evening.

 

In answer to your question, it is always worth trying for a settlement again.

 

If you haven't been successful beforehand you could attend Court in person and speak with the prosecutor before your case gets called into Court. That is sometimes successful in putting a personal plea and agreeing an eleventh hour settlement.

 

If not, putting your plea to the Magistrates in person and if you intend to plead guilty, expressing genuine remorse whilst apologising to the Court and for any inconvenience caused is always a good idea.

 

 

Old-CodJa,

 

Thank you for your response. Could you advise me on the best way to contact them prior to hearing,

as it is usually hard for me to get out of the office during the working week,

so I would much rather sort this out remotely.

 

 

However if pleading before court won't help,

can try your advice and sort this out on the day of a trial.

 

Also, I would highly appreciate help on what to actually include in my letter of plea?

 

Lastly, what difference does it make when pleading guilty and attending the court and when not attending and pleading guilty by post?

 

 

Many thanks!

[Bamboo_fighter]

Hi everyone,

 

I'm thinking to come to the office of TfL tomorrow to speak with the manager. What do you think of this?

[honeybee13]

Hi everyone,

 

I'm thinking to come to the office of TfL tomorrow to speak with the manager. What do you think of this?

 

Hello again.

 

I remember people trying this before and not getting anywhere much.

 

Unless you know which office, who you want to speak to and that they're expecting you, I'm not sure it will help, sorry. I hope the guys in the know will comment later.

 

HB

[BazzaS]

Hi everyone,

 

I'm thinking to come to the office of TfL tomorrow to speak with the manager. What do you think of this?

 

With an appointment? Great.

 

Without an appointment? Don't expect to get past the front door.

 

Have you arranged an appointment?

[Bamboo_fighter]

Thank you, HB.

 

BazzaS, I have no appointment arranged..

[Old-CodJA]

Old-CodJa,

 

Thank you for your response. Could you advise me on the best way to contact them prior to hearing,

as it is usually hard for me to get out of the office during the working week,

so I would much rather sort this out remotely.

 

It is best to put a sincere, apologetic appeal, avoiding trying to pass the buck by criticising others, in writing and send by recorded delivery or signed for post.

 

However if pleading before court won't help,

can try your advice and sort this out on the day of a trial.

 

Also, I would highly appreciate help on what to actually include in my letter of plea?

 

 

I think that what to write is pretty well covered by earlier posts, but I'm afraid that you do have to remember that TfL do not have to accept. It is a fact that where serious cases of intent to avoid a fare are concerned they are very likely to reject any offer to settle.

 

Lastly, what difference does it make when pleading guilty and attending the court and when not attending and pleading guilty by post?

 

 

Attending the Court and facing up to responsibility, apologising in person and accepting guilt at the earliest opportunity will always attract the maximum credit from the Magistrates.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?400464-Charged-with-S.5.3.a-Reg-Of-Railways-Act-**-Resolved-**&p=4348691#post4348691

[Old-CodJA]

http://www.consumeractiongroup.co.uk/forum/showthread.php?400464-Charged-with-S.5.3.a-Reg-Of-Railways-Act-**-Resolved-**&p=4348691#post4348691

 

 

 

Yes dx100uk, we know that there are rare occasions when TfL might settle, but there is a huge difference between buying a child-rate ticket (as in the example quoted) and using a fake, or manufactured ticket.

[dx100uk]

sorry internet has been up/down like a yo yo. dunno why that posted so late

it was sent at 3pm today.

 

 

I understand where you are coming from and ofcourse are correct

I pasted that to show that pleading after a court summons does sometimes work.

 

 

I think the op's real issue here is not the fact it was fake

but that he stupidly accepted and used 'a ticket' from a stranger that gave it to him.

 

 

it 'appears' the fake issue was unbeknown to him,

unless we don't have the full story and money changed hands for it?

 

 

you'd know better than me, but I understand most of these fake tickets usually change hands for money

 

 

dx

[Bamboo_fighter]

Dx,

 

Thank you so much. I will follow that example and will send another letter(s) of plea and will let you know about the outcome.

 

Old-CodJa,

 

Thank you for your time and effort!

[Old-CodJA]

you'd know better than me, but I understand most of these fake tickets usually change hands for money.

dx

 

 

 

Yes, investigation often finds that to be the case and of course the real need is to find who made the fake tickets.

 

 

Knowingly using a fake ticket is a serious offence in it's own right, but so is buying a ticket from an unauthorised source, hence a hard line being taken in such cases.

[Bamboo_fighter]

Hi everyone,

 

Today I've called TfL office directly and spoke to a member of their staff. A friendly person kindly listened to my reasoning and offer, and gave an email address, advising to email my honest reasoning why I need this to be sorted out of court.

 

What do you think of it? Or rather send by post? If sent by email, I will receive a response within 5-10 working days, which clearly is more advantageous.

 

Lastly, I found Prosecution Manager on LinkedIn and I know that he authorised my charge (as stated in the letter). Would it be wise to contact him through LinkedIn as a last resort?

 

Many thanks for your time.

[dx100uk]

last bit no I wouldn't

 

 

but I'd do the first two bits both

same letter

[Bamboo_fighter]

Hi dx,

 

Thanks for reaponding.

 

Sorry if my question sounds silky, but why sending the same letter both ways?

[dx100uk]

email instant

 

 

written comms paper trail

 

 

dx

[Old-CodJA]

Lastly, I found Prosecution Manager on LinkedIn and I know that he authorised my charge (as stated in the letter). Would it be wise to contact him through LinkedIn as a last resort?

 

Many thanks for your time.

 

 

 

Very unwise in my view.

 

All correspondence on any matter should be confined to the record and the best is to send a signed letter by recorded delivery post.

 

Email is not considered a secure medium and can be corrupted.

 

A signed letter leaves little or no risk of misunderstandings.

[Bamboo_fighter]

Hi everyone,

 

It's me again.

 

 

on Friday, I 've called the TfL office and spoke to a member of their team.

He then advised me to send an email to them, explaining all my circumstances, which I did.

I've sent an email straight away and a physical copy of that letter by post as well.

 

Today I have received a reply from them with a refusal to settle out of court.

They wrote me that they do not believe I was using that counterfeit ticket unintentionally

and they do not believe someone gave it to me at that time of the day.

 

 

I am really stressed right now, because I was really given that by someone else

and I really did not know my actions are subject to criminal offence.

 

I've called the prosecutor just now and had a brief conversation about my matter.

I also explained to the prosecutor that I am a loyal customer for over 4 years (there is evidence for that)

and that the criminal record might have a negative effect on my career.

 

The prosecutor then told me the following:

They only do exceptions in the exceptional circumstances, but they need the proof that criminal record has a negative effect on my career.

Also, this offence contributes to the highest loss of their revenues, that's why they take this matter seriously.

 

Please advise on the next steps.

 

Many thanks and your time and effort are highly appreciated!

[Sammy13]

hello there

 

You can still negotiate with them. As you have said this is a one off offence, you can read their prosecution policy and write or email them with these 3 crucial points.

 

1.The offender admits the irregular travel and;

2.The risk of re-offending is considered minimal and; (I will never even in think of doing this again even if it is in my dream!!!)

3.The offender agrees to pay the administrative costs incurred in

the processing of the case file.

 

Make sure you have evidence that this is a one off!!!

[dx100uk]

pers I would not be telling them how to do their job.^^^^

 

 

as this was October last year

I doubt it,

but, could their CCTV help here if the Passover was on their property?

 

 

dx