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Notice of intention to prosecute. Help please

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hellomate

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Hello everybody, I'll just get straight down to the facts.

I've been sent a letter with a notice of intention to prosecute.

I really don't want a criminal record or to go to court. How can I say this best in the response I have to write them?

Thank you.
 
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Jatos

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Speak to customer services AND get legal advice (can get this from either the CAB or if you happen to be a member of the Cooperative Group, they offer free legal advice) in case they still pursue legal action. It might be worth trying to demonstrate this is a one off, it is in my opinion a rather thin case for fraud if you're a regular rail user and this is a one off occasion.

Generally, you will be given a notice to prosecute for fraud if you caught without a valid ticket or way to pay. Also, they won't care you don't want a criminal record or want to go to court.
 

island

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This is quite a problematic situation. Travelling without means to pay for your journey is often taken to mean that you intended to avoid payment.

Which train operating company's services did you use?

It is often the case that the company involved will accept a payment in respect of its administrative costs and the fare avoided in return for not taking the matter further. In general these payments are in the low three figures.
 

jon0844

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Do you use the same Oyster card every day to get to/from work? That would certainly help prove the lack of intent - or at least prove that this was a one-off incident.

See if you can get a print out of your usage/journey history to help.
 

hellomate

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This is quite a problematic situation. Travelling without means to pay for your journey is often taken to mean that you intended to avoid payment.

Which train operating company's services did you use?

It is often the case that the company involved will accept a payment in respect of its administrative costs and the fare avoided in return for not taking the matter further. In general these payments are in the low three figures.

It's Southern Railway.
--- old post above --- --- new post below ---
Do you use the same Oyster card every day to get to/from work? That would certainly help prove the lack of intent - or at least prove that this was a one-off incident.

See if you can get a print out of your usage/journey history to help.

Yeah I've taken this route for almost 6 months now.

That's a good idea, I'll check the TFL website for Oyster usage.
 

jon0844

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I think you can go back a very long way via the website now (even if you must select by specific date ranges instead of being able to export everything into a single file).
 

DaveNewcastle

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You should reply with all the evidence you can find to demonstrate that you are a regular fare-paying passenger. There is a substantial difference between the Offence which the Company will persue against you for (simply) not having a valid ticket when requested, and on the other hand, evading a fare (which can be demonstrated by not buying one when there was an opportunity - whether or not that was due to having no money and/or no Oyster credit).
If it realy is a first time Offence, and you can demonstrate this, then a statement of facts and an apology will set the right context for the best outcome for you. You should also try hard to recall what you said to the Inspector whenthey 'took some details', That will now be a Witness Statement on file and could be used to incriminate you. It will not help if anything you write in your reply is inconsistent with that Statement.

For a similar reason, I strongly advise you not to take the following advice (which I will guess comes from someone with no experience in Criminal case management):-
Speak to customer services AND get legal advice (can get this from either the CAB or if you happen to be a member of the Cooperative Group, they offer free legal advice) in case they still pursue legal action.
It is NEVER advisable to take professional advice and concurrently attempt to negotiate personally with the Prosecution.
Never.

It will, perhaps, be helpful to seek advice from a local Law Firm specialising in general Criminal Defence work; but a specialist Law Firm with Railway Law expertise will probably cost you £3000 - £5000. Clearly that is quite disproprtionate to the potential penalties.

There are advisors here who can help to point you in the right direction and perhaps minimise your exposure to risk (such as not speaking to the Prosecution before instructing a Solicitor!). I expect we can assist in avoiding Prosecution of the more serious claim of intention to avoid payment if you are, evidentially, a very regular paying passenger.
 
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MikeWh

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This is quite a problematic situation. Travelling without means to pay for your journey is often taken to mean that you intended to avoid payment.

One small thing to check. Did you have any credit on the card? Would it have been enough for the actual fare due? I ask because the touch out on an incomplete journey would try to deduct £6.90 whereas the maximum fare that could be due at London Bridge would be £5.50 if you started in zone 6. It may not make a lot of difference, but if there was enough credit then they can't claim travel without the means to pay.

However, the advice from Dave Newcastle is well worth following.
 

MikeWh

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... hoping that I had enough credit on my oyster card for the journey.

The peak fare for Blackheath to London Bridge is £3.00. Do you know whether you had that on your card? If you did then it might be better to say that you believed you had enough money.

Also, do you know which exit you tried to leave London Bridge by? Trains from Blackheath use platforms 1-6 and all exits direct from those platforms are staffed by Southeastern. To get to Southern staffed gatelines you would have had to use the footbridge. It doesn't make a lot of difference, but I wonder why you would go the long way round to leave the station.
 

hellomate

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The peak fare for Blackheath to London Bridge is £3.00. Do you know whether you had that on your card? If you did then it might be better to say that you believed you had enough money.

Also, do you know which exit you tried to leave London Bridge by? Trains from Blackheath use platforms 1-6 and all exits direct from those platforms are staffed by Southeastern. To get to Southern staffed gatelines you would have had to use the footbridge. It doesn't make a lot of difference, but I wonder why you would go the long way round to leave the station.

I didn't know how much I had but I hoped that even if I didn't have enough it would still charge me put me in the minus and when I had a chance I would top up.

I went the long way round because I got on the back of the train at Blackheath and getting off at Ldn Bridge, I decided to take the route inside instead of walking to the other end of the platform to go underground.

Is the letter good to go in your opinion?
 

MikeWh

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I didn't know how much I had but I hoped that even if I didn't have enough it would still charge me put me in the minus and when I had a chance I would top up.

As long as you had enough for the minimum fare from Blackheath it would have done just that had you touched in properly.

Is the letter good to go in your opinion?

It looks good to me. Others may have some comments if you can hold off sending it for a day.
 

yorkie

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I'd change Penalty Fine to Penalty Fare (or perhaps the full fare), and also change realized to realised (the former looks too Americanised and is rather off-putting to me!). Also technically it wasn't "your service" as it was a different Company operating the service (Southeastern), but I don't think any of those amendments is going to make any difference, and it looks a good letter.
 

maniacmartin

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Change "hoped" to "assumed" or similar. "hoped" implies to me that didn't really know if you had enough credit and were trying to wing it.
 

hellomate

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21 Oct 2012
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Hello all,

So after sending the letter and oyster card journey history they replied offering me an option to pay £35 and have the matter closed!

Thanks for your help, I'm glad it's over. The stress was too much!
 
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