fare evasion conviction

[tuhani]

Hi guys thanks a lot for your consideration and consistent support.

According to the advice provided here, I submitted a sworn declaration and now the case has been reopened and I have been given a court hearing date for next month.

Can you please advise me how shall I start my negotiating with the train company shall I ring them and talk to them or write to them or do I get a solicitor ( would be very very expensive) . Please advise me. Thanks

 

[Cantab26]

I am flagging this to @Hadders who normally provides comprehensive advice as to what to say in a letter requesting a settlement.

On top of that, some pointers:

• Do not mention the 2020 incident.
• Do not admit to giving incorrect address or date of birth details or give any suggestion that you did so.
• Explain that it appears Northern and the court were using a different neighbouring address to yours (with the same postcode?) for correspondence. If there is only a minor difference in the address then you can point this out e.g. “my house is no. 13, but the letters were addressed to no. 30”.
• Confirm that having now checked after you became aware of the case your neighbour has confirmed that she received some letters, but did not pass them on to you so you never actually received anything at the time.
• Apologise to the company for any inconvenience, but say that you believe a fixed penalty was initially offered by way of resolution of the matter. Say that you are willing to pay that.
• You could also add that the court has informed you that there were amounts ordered to be paid of £11.80 as compensation for the fare and £150 for the company’s costs and you are willing to pay those.

Post a draft of the letter here first and we can review it for you.

 

[tuhani]

Hi guys just to give you an update, on my case


Firstly I would like to say a huge thanks to all the nice people helping me and many other like me.

I called northern service today in the wake to get their address to write to them however I spoke to prosecution team member and told him that I would like to settle it out of court and he offered me to pay the penalty fine which was £100 + £11.80 for the journey so I payed a total of £111.80 and the matter is now closed without any conviction. I would really like to thanks all the members but especially

@some bloke @tspaul26 @John Palmer

Thanks for guiding me to put in SD resolving this matter.

 

[some bloke]

Thanks @tuhani.

You can now ask ACRO to remove the entry on the "Police National Computer" database/confirm it's deleted:

ACRO Criminal Records Office - Record deletion

ACRO Criminal Records Office - Subject access

and then make sure it won't appear on a future DBS check:

Deletion of Data

In certain circumstances you have a right to have personal data held about you erased. This is known as the right to erasure.

www.gov.uk

You could do a basic check, though we would hope that DBS will confirm to you for free that the conviction doesn't appear.

Request a basic DBS check

How to apply for a basic DBS check to get a copy of your criminal record, and what you must provide. It costs £20.

www.gov.uk

 

[Hadders]

That’s a good result, thanks for letting us know.

 

[Cantab26]

That’s a good result, thanks for letting us know.

Seconded

 

[1D54]

Always love reading positive outcomes on these threads especially when the OP,s have been open and honest about the situations they find themselves in. Never needed and hopefully never will need to be in the position where i start one but you never can tell what with the way some unfortunates are treated while out on the rails.