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ThamesLink Notice of intention to prosecute


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Hi all. I have just joined this Forum in order to receive help and advice.

 

On 9th January I travelled from St Pancras to St Albans.

I purchased what I thought to be a return ticket (more of it later).

 

 

On my return trip on 10th, I couldn't get access through the barrier at St Albans.

 

 

The official looked at my ticket and let me through.

On exiting at St Pancras, once more my ticket didn't get accepted by the machine and I approached the staff.

 

I was told that my ticket wasn't for that day but the previous day and that I had purchased a "day return" on the 9th January.

 

 

They told me that I was going to be treated as having no ticket and the fine was going to be £21 or something to that order.

 

 

I complained as I still, in my mind, had paid for my travel albeit, now realising, for the day before.

Nonetheless, the company had had my money and me not received the service.

 

The employee put me on the side and went on asking for my home address/details etc. which I provided.

 

The employee didn't fill the top part of the form and refused to give me a copy,

and he also wanted to keep my return ticket (which I eventually managed to keep)

before asking me to continue my journey.

 

 

I objected as I hadn't even been given a copy of the "Witness Statement MG11".

I asked to take a picture of the form which he reluctantly agreed to.

 

I have now received this letter "Notice of intention to prosecute" asking me for my side of the story.

 

I intend to answer asking them first for a copy of this MG11 statement but after ...

.. how do I stand with this threatening letter and consequences?

 

Thanks for your help and comments.

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Well, you've managed to change what sounded like a request for a penalty fare (the £21) into a report for consideration of prosecution, and now the letter giving you notice of intent to prosecute and asking for your side of the story.

 

Does the letter say what they are intending to prosecute for (mentioning a Bylaw or statute?)

 

The thing is,

it sounds like you didn't have a valid ticket for the return trip, and it is your responsibility to ensure you hold a valid ticket.

 

There are 2 main offences you MIGHT be prosecuted for:

 

a) intent to avoid your fare (which requires them to 'show intent by you' and so you likely could defend against this), [This is the Regulation of Railways Act offence] and

 

b) failure to show a valid ticket on demand (which is a 'strict liability' offence : your intent isn't required .. what matters is if you showed a valid ticket or not * .... [this is the Bylaw offence].

 

*there are a few 'statutory defences' laid down in Bylaw 18, but 'intent' doesn't come into these.

 

So, if they were going for a prosecution for the Bylaw offence : they'd likely succeed.

 

All is not lost, though.

 

You can write back, setting out events. Y

ou can explain, and apologise, and ask if they would consider an alternative to prosecution, given you never intended to travel without a ticket.

 

Or, you can try and be all 'barrack room lawyer' and go in guns blazing, insisting on copies of an MG11, and all sorts.

 

They don't have to produce the MG11 for you (though it may feature in evidence at court, and taking that attitude of demanding it might make it more likely it does go to court) .....

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Hello BazzaS, thank you for your reply.

Letter just says that my details were taken by a Revenue Protection Inspector at St Pancras on that date at the given time.

 

"This letter is to inform you of our intention to take this case to the Magistrates Court and the enclosed form provides you with opportunity to tell us what happened from your point of view. Be honest etc."

 

The barrier inspector didn't even date the form MG11 only exact time is shown (that's when I took the picture of the form and left)

 

I realise now that paying the fee would have been the end of it but I did at the time feel very strongly about the situation.

 

Thanks for your help.

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Well, you can "fight, fight, fight", on principle.

 

 

Yet, principle may get you a conviction if they go for a Bylaw prosecution,

if you didn't have a valid ticket and don't have a statutory defence.

 

Or you can take a moderated stance, and (re-iterating that you had no 'intent to avoid your fare')

accept that you didn't have a valid ticket,

and ask them if there is an alternative to prosecution bearing in mind:

 

a) you didn't have a valid ticket, but

 

b) the circumstances that led to that occurring.

 

Your call.

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begging letter time me thinks...

 

 

apologise and grovel

and offer to pay any reasonable admin fess and any monetary value EQIV to any potential fine

to keep your name clean from prosecution as this would terminate prospective employment in your field. etc etc

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 5 months later...

Hello all. Deepest apologies for not having posted the outcome.

 

I wrote a letter as recommended but not so much a crawling letter. Just matter of fact, I bought a return ticket (albeit a day return ticket) and it was my mistake. However, your company did get the money for a return trip ....

 

They dropped all charges. Best regards to all.

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