Fare evading - provisionally authorized for prosecution

[submerge]

Hi,

 

Hopefully can help/ offer advice.

I have received a letter from South Eastern's Prosecutions Office regarding avoiding payment of fare

informing me that the matter has been provisionally authorized for prosecution

and inviting me to make any comments regarding the incident.

 

I was traveling with a zone 1-2 travelcard and I was caught at a zone 6 station,

I normally have pay as you go top but on this occasion I didnt and

I had also travelled by the same means in the 4 days prior to the offense date,

I however had a zone 1-6 travel card the previous month and only got the 1-2 because I was working for an agency

and hence not sure how long the job will last for and buy a 1 month zone 1-6 travel card but rather the 1-2

and I added a £15 which had been exhausted on the said day.

I totally agreed I evaded fare because I did not touch in at the start of my journey but had to touch out at the end in the zone 1-2.

 

I regret my action and had since suffered panic attacks and anxiety waiting for the letter to arrive.

The total evaded fare was calculated to be around £55.

 

I would like to settle out of court and pay any necessary admin cost

because a criminal record is have devastating effect on me an my family

simply because I have only ever worked within the NHS for the last 8 years

and hence a record will render me completely useless.

I am willing to settle out of court ASAP because lesson learnt for me, it is not worth the heartache whatsoever.

 

Please advice because I have to send the letter today as I only just saw it,

kids misplaced letter since it arrived.

So I have to fax a copy today and also send it by recorded delivery for monday.

 

Thanks in advance.

[dx100uk]

send a begging/grovelling letter pleading for settlement out of court as this will effect you job & future.

offer to pay all reasonable admin fees and equivalent fines to avoid such

 

 

have a read of a few threads here

 

 

there are suitable examples.

 

 

dx

[honeybee13]

Hello there.

 

To add to what dx says, be honest in what you tell them and don't waffle about what happened. Express your genuine contrition if that's how you feel and undertake always to pay the right fare in the future.

 

You don't seem to be blaming the rail company staff, which is good to see - it never works.

 

HB

[Old-CodJA]

dx & honeybee are spot-on with this in my opinion. The only thing I can suggest adding is an apology for your actions and a very brief explanation that because you are in a notifiable employment, any conviction will have a very damaging effect on your future.

[submerge]

Thank you all for your response, I have been away to visit a family member in hospital hence the late response.

 

I have put together a letter please kindly have a look to see if It is okay.

 

First and foremost I will like to apologise profusely for my error of judegment resulting in the said incident. I would be grateful if we could settle this matter before it progresses any further by means of an administrative penalty. I offer to pay the fare that was avoided and any administrative costs incurred in order that the action is discontinued.

 

I was quite upfront with the rail staff and immideiately regretted my action. Since the day of the incident, the possibiliy of prosecution and likely conviction has placed such burden on me trigering panic attacks when I think about my action. And while I am not trying to excuse my actions, or defend them, I fully appreciate the severity of what I have done and have undertaken to always pay the right fare since the incident.

 

I am pleading with the prosecution office to avail me of a conviction as I work in a notifiable employment and any conviction will have a damaging effect on my career and future. I am humbly requesting that I be allowed to pay all reasonable administrative fees and equivalent fines to avoid prosecution.

[p3t3r]

hi, your letter says:

I fully appreciate the severity of what I have done and have undertaken to always pay the right fare since the incident.

this seems to suggest you have evaded fares prior to the incident of you being caught - since you state that you have "always pay the right fare since the incident"

 

 

Sorry for that minor criticism, hope you understand what I mean... Rest of letter seems good!

[submerge]

Hi All,

 

I have just received the court papers asking me to appear in court on the 29th April which is less than 2 weeks from today.

I sent my apologies letter about 4 weeks ago and didn't receive any reply until today when I got the court paper.

 

I am at a loss about what to do and I just had a panic attack and

I seriously do not know how I will survive until the court day.

 

 

I seriously need help fast and as it stand I am willing to pay the maximum fine of £1000 to avail myself of the conviction

because like I said earlier, I have only worked in the NHS my life and my life will be ruined if I should have a conviction,

I have 4 kids all under 10 yrs of age and I seriously regreted the situation I have put myself in.

 

 

Even though I ensure the correct fare is paid,

I am somewhat scared of taking the rail since the incident and would rather take a bus if I have the chance,

just to tell you how sad and heavy my heart is.

 

there is no telephone for Southeastern on the letter I got but I have the address for the prosecution office as : Floor 4, 84 Tooley Street, London SE1 2TF.

 

Please the good people of this forum I beg you to come to my rescue by advising me on how to go about avoiding a criminal conviction.

 

Thanks in advance.

 

Please

[honeybee13]

Hello there. I'm sorry to hear your plea didn't work as yet.

 

Do you have Particulars of Claim on the letter please? If so, can you post up anonymised details of what the charge is? This will help us to advise.

 

HB

[submerge]

Thank you for your response, I have had to lay down for some time and only just feeling better, please find attached the information in the letter.

 

I have also just realized there is a name and phone number given for the Information Laid by person names in the letter with the persecution office's address.

 

I suppose this would be the person I would try to be calling for a settlement plea.

[dx100uk]

put all the pictures into a word doc

then print that to PDF

or save as pdf

 

 

dx

[submerge]

Please find the attached the court papers , thanks for you time.

 

I have also just realized there is a name and phone number given for the Information Laid by person names in the letter with the persecution office's address.

 

I suppose this would be the person I would try to be calling for a settlement plea.

[Old-CodJA]

I seriously need help fast and as it stand I am willing to pay the maximum fine of £1000 to avail myself of the conviction

 

 

I understand how you may be feeling, but you should not make exorbitant offers to the prosecutor, that can sometimes be counter-productive. The maximum fine will not be applied by a Court in a case of a first offence, but I understand that your primary aim is to avoid the Court hearing and to avoid the criminal conviction which is likely in this case.

 

 

I have also just realized there is a name and phone number given for the Information Laid by person names in the letter with the persecution office's address.

 

I suppose this would be the person I would try to be calling for a settlement plea.

 

 

You can try calling, but in my experience may not get to speak to him although that should not stop you from trying. You may get to speak to someone who has delegated responsibility to deal with this.

 

You could try writing a letter addressed directly to him and forget about anything other than a sincere apology to the company & staff involved as you did previously. Say that you are hoping that they will accept your offer to immediately pay all of their reasonably incurred costs and any fares compensation if the company will be kind enough to allow an administrative disposal.

 

When writing, concentrate on the likely effect of conviction for your future employment. You can state that you have a family of 4 youngsters all under 10 years and that working in a notifiable employment for NHS, that you have been advised that conviction will be very likely to have a disproportionately damaging effect for your future.

 

Get that letter sent by 'signed for' delivery straight away.

 

Failing that, you should consult a solicitor who is known at the Court and who specialises in criminal law matters. Your letter might include a note to the effect that, because of your employment you will be seeking legal representation, but this should not be written in a 'threatening' manner.

 

 

( It may be a 'slip' and I hope it is, but twice using the words 'persecution office' instead of 'prosecution office' suggests a mind-set that might not be helping you.)

[submerge]

I understand how you may be feeling, but you should not make exorbitant offers to the prosecutor, that can sometimes be counter-productive. The maximum fine will not be applied by a Court in a case of a first offence, but I understand that your primary aim is to avoid the Court hearing and to avoid the criminal conviction which is likely in this case.

 

 

 

 

 

 

You can try calling, but in my experience may not get to speak to him although that should not stop you from trying. You may get to speak to someone who has delegated responsibility to deal with this.

 

You could try writing a letter addressed directly to him and forget about anything other than a sincere apology to the company & staff involved as you did previously. Say that you are hoping that they will accept your offer to immediately pay all of their reasonably incurred costs and any fares compensation if the company will be kind enough to allow an administrative disposal.

 

When writing, concentrate on the likely effect of conviction for your future employment. You can state that you have a family of 4 youngsters all under 10 years and that working in a notifiable employment for NHS, that you have been advised that conviction will be very likely to have a disproportionately damaging effect for your future.

 

Get that letter sent by 'signed for' delivery straight away.

 

Failing that, you should consult a solicitor who is known at the Court and who specialises in criminal law matters. Your letter might include a note to the effect that, because of your employment you will be seeking legal representation, but this should not be written in a 'threatening' manner.

 

 

( It may be a 'slip' and I hope it is, but twice using the words 'persecution office' instead of 'prosecution office' suggests a mind-set that might not be helping you.)

 

 

If I hadn't read what I wrote earlier I would have denied it, I never intended to write persecution, the English setup on my pc always suggests words far from what I have typed, that is a slip and has nothing to do with my mind set whatsoever.

 

I am sincerely remorseful and genuinely asking to be pardoned, it will be wrong for me to label this persecution.

 

I am glad you spotted that typo, will make sure it does not happen again.

 

I will compose the letter now and post it here for correction before sending it off today.

 

The suggestion about seeking legal representation, I have no problem with this if it will help, my initial thoughts were that getting a legal representation might give the prosecutors I am set to fight them come what may, that's just my thought and I know nothing about these things.

 

Thank you for your help, greatly appreciated.

[submerge]

Please see below my intended letter to the presecuting officer.

 

Dear Sir,

I am writing with reference to the above offence of travelling without paying the correct fare.

I have accept the liability of travelling without paying the correct fare for which I am remorseful and sincerely sorry. I cooperated with the revenue officer and did not try to distort the fact while providing personal information to aid him in his job. I am tendering my unreserved apologies to Southeastern Trains and everyone else affected as a result of my action. I am hoping my offer to immediately pay all your reasonable costs incurred and any fares compensation if Southeastern Trains will be kind and Merciful enough to allow an administrative disposal.

 

As you can imagine, since the receipt of the prosecution notice I have been unwell due to the stress resulting from thinking about the damaging effect such conviction will have on my career and my family's future. I have a family of 6 with 4 youngsters all under the age of 10 and because I work in a notifiable employment for the NHS, I have been advised that a conviction will lead to an immediate dismissal from my current role and the prospect of getting another job within the NHS is non existent, such will be the disproportionate damaging effect a conviction will have on my career and my family's future. I have only ever worked in the Healthcare sector, primarily in the NHS and do not see any other options available for me if I am unable to progress my career due to the effect of what a criminal conviction will do to me and my family. My partner only works part time because she is in full time education and my job is the main source of substainace for my family, the effect of a conviction will literally jeopardise my future and my family's future.

 

I cannot stop saying how sorry I am about the whole incident and I assure you this will never ever happen again. I have felt nothing but guilt and inexpressible burden since the day of the incident, I understand I have to accept the decision of the court if this goes to court but a conviction will literally put a end to my career and have lasting effect on my family, I am willing to willing to pay the full penalty fare, incurred costs and any associated costs involved if this is settled out of court.

 

Please I beg you accept my apologies and protect me from a criminal conviction.

 

Edited April 16, 2015 by submerge
changed avail to protect

[honeybee13]

Hello again.

 

Hopefully Old-Codja will comment more on your letter.

 

I can see one thing in your last sentence. Avail gives the wrong impression, what are you trying to say there please - we'll try to find you another word.

 

Hb

[submerge]

My mistake, I intend to save saves me from a criminal conviction, avail would be the wrong choice of word.

 

As seen on other post on the board, would it be advisable to call now or wait until I have sent a letter to the prosecuting officer first?

 

Also can I suggest I amount I am willing to pay towards the penalty fare (£400-£500) and also the fare plus the proposed contribution towards the prosecution cost stated as £125 in the court summons or do you think it is too early for me to be stating figures.

 

Thank you so much for your help all, I intend to send this letter of today so that it is delivered tomorrow because looking at it, I have very limited time to work on gettin gthis resolved.

 

Thank you all in advance once again. I am sincerely devastated because this will result in immediately dismissal from my job. I hope it does not come to this.

[submerge]

Please everyone, any help with my questions above will be highly appreciated. I intend to send a letter to the prosecutor today for delivery tomorrow.

 

Any help will be appreciated and can I go ahead and call the officer before sending the letter please?

 

Thanks in advance.

[honeybee13]

Hello again.

 

People like OC have day jobs, you may need to bear with us until they're able to get here. Does the letter have to go today, or could it wait a day?

 

HB

[submerge]

Hello again.

 

People like OC have day jobs, you may need to bear with us until they're able to get here. Does the letter have to go today, or could it wait a day?

 

HB

 

I would go with whatever advise is given on this forum. The court date is set to April 29th and I think getting the letter to the prosecutor as early as possible increases the chances to try other means , hopefully it would not come to that. I am happy to wait to send it Friday if that will increase my chance by sending a properly constructed letter.

 

Thanks for your time and effort.

[honeybee13]

I think you have time.

 

HB

[dx100uk]

you can negotiate till the moment before you walk into court

so no real rush

 

 

re here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?443315-SWT-Intent-to-avoid-payment-Court-on-Thursday-**-SETTLED-ON-DAY-OF-COURT-CASE-**&p=4713705#post4713705

[submerge]

you can negotiate till the moment before you walk into court

so no real rush

 

 

re here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?443315-SWT-Intent-to-avoid-payment-Court-on-Thursday-**-SETTLED-ON-DAY-OF-COURT-CASE-**&p=4713705#post4713705

 

I understand that clearly I am just worried because the court time is 9:15 am so I am hoping the prosecutor will be there well in advance if it comes to that.

[Old-CodJA]

The letter seems fine because it is in your own words.

 

 

You might consider amending the phrase in your last sentence to say something like: "I hope that South Eastern and the prosecution manager will be kind enough to allow me to make full recompense for my action and to protect my good name for the sake of my family. I shall certainly never travel without a valid ticket again."

[submerge]

The letter seems fine because it is in your own words.

 

 

You might consider amending the phrase in your last sentence to say something like: "I hope that South Eastern and the prosecution manager will be kind enough to allow me to make full recompense for my action and to protect my good name for the sake of my family. I shall certainly never travel without a valid ticket again."

 

Thank you for your input, is there anything else you could advise on how to go about this? at what point should try to call the prosecution manager if I send this letter tomorrow, Can I call before or wait until the letter has been delivered?

 

Should I make an offer of an amount now or what do you think? Fare + Penalty + admin cost?

 

Thanks in advance.

Edited April 16, 2015 by submerge
Updated question

[Old-CodJA]

Look at the costs application that they have said they will make if successful with prosecution, that plus the fares plus something to compensate South Eastern will give you a basis for starting point

 

 

Send the letter by signed for post and check the delivery tracker the following day before ringing