Advice on a train ticket offence

[ClareC]

Sue Wrote:

-------------------------------------------------------

> ClareC Wrote:

> --------------------------------------------------

> -----

> > Real fare dodgers provide a fake name and

> > address;-)

>

> xxxxxx

>

> Which the person who catches them can easily check

Shame TFL didn't check the address given by the toerag that gave my address!!

> on the spot and find is false.

>

> Happened to a friend of mine at Clapham Junction.

[fergie]

Hello,

Just wanted to give you an update. The letter arrived from Southern Prosecutions today. I've copied it below. Can anyone tell me if this is the more serious offence of intent not to pay or the lesser offence? Thank you all for your help and I'll incorporate many of the points above in my explanation along with a copy of my bank statements showing regular payment of travel fares and the Travel Card for the 29th. Any other ideas would be great. Wish me luck and thank you again!

'Notice of intention to prosecute.

On Monday 29th March at 08:14 your details were taken by a Revenue Protection Officer for the offence of not having a valid ticket at LONDON BRIDGE Station.

This letter is to inform you of our intention to take this case to the Magistrates Court and the enclosed form provides you with the opportunity to tell us what happened from your point of view. Information should be both factual and honest.

Fare evasion costs the rail industry over ?400 million per year and Southern Railway has a zero tolerance approach to fare evasion on our network. We always ask that the courts impose the maximum penalty for offenders, which can include any of the following:

- A Criminal Record (always)

- Fine of up to ?1000 (always)

- Prison Sentence

- Suspended Sentence

- Community Service

- Seizure of any Computer Equipment (if involved)

- Compensation (always)

You must reply to this letter using the attached document within 7 days of the above date.'

Signed by the Prosecutions Manager.

[fergie]

PS. I'm wondering whether I should phone the Prosecutions Manager first before writing?

[stevebailey]

Hi,

Standard letter that they send to everyone.

I would suggest that you do try to call the prosecutions manager first (if they will speak to you)

Firstly write down some bullet points of each step of the journey, so you dont forget to say anything and also dont get flustered.

The fact that Southern Railway has a zero tolerence policy on Fare Evasion doesn't mean they dont have room to move on the difference between people that will travel most times without any intention of buying a ticket, and someone, who i think is you in this case, who makes a poor error in judgement call.

Explain that looking back you shouldnt have done what you did and let the frustration of running late and large queues for tickets and a broken automated ticked machine led you into thinking you would get a ticket at the other end.

I would try not to talk too much about tailgaiting someone else through the barrier, that was the REALLY stupid part.

You can only plead your case to them and hope for a fine, maybe even offer to pay a stupidly high fine, its got to be better than the alternative!

Good Luck

[fergie]

Thanks Steve. I'll call as you suggest. Does the offence of 'not having a ticket' mean they are not pursuing the more serious 'intent not to pay'? Thanks again!

[fergie]

Hi all,

I just wanted to bring an end to this sorry story... As suggested by the kind people on this Forum (esp. stevebailey and ianr) I called the Head of Prosecutions for Southern first thing on Monday morning. I found myself almost weeping whilst telling him that I might lose my job, that I was extremely sorry, had made a split second decision to go through the barrier etc etc. It was honest. And it worked. The Gent was extremely nice, professional, and understanding. I asked if there was an opportunity to settle out of court and we agreed (given no previous offences) on a figure in principal there and then on the phone then followed up in writing. I have paid the fine; said "sorry" about a million times; and feel very very relieved.

I want thank you all so very much. Your advice was invaluable. In fact I had contacted a specialist lawyer about the case but didn't like him -- the threatening tone ("you could go to jail unless you you get help..." type of thing) and he would have charged ?750 + VAT!! to complete the written response to the letter....

Anyway, I am extremely grateful I didn't take that route and want to once again thank you all. Thank you.

Fergie

[woofmarkthedog]

Well...

Don't do it again...

More pressingly, is your car taxed...Hmmm ?

Well, it's becoming an issue with some on here & bad luck often comes in three's

W**F

*taps nose & mousetrap goes off...how serendipitous *

[Sue]

Glad it ended happily, Fergie. Must have been a nightmare for you.