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Notice of intention to prosecute, Help please

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soil

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28 May 2012
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I see certain people in the thread think some of my advice is "Terrible" and "Crap"

That's fine, you're entitled to your opinion, but I'm tellin' you..They will not negotiate with him directly with an out of court settlement, why would they if it's such a "open & shut case", all these company's are ruthless in this process and most of the personnel in these departments are jobsworth's, I'm not trying to scaremonger anyone here.

I'm just outlining the most likely outcome that will happen unless they get legal advice. Think it's terrible advice?? Let's see how it plays out after the OP gets through/writes to them.

Scaremongering is always more effective without the grocer's apostrophes, I find.
 
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Fare-Cop

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Hi,

You must try and get some sort of legal help (like a solicitor) to ring on your behalf, if you know anyone in that field of work that will help your case ring them ASAP and ask them to represent you, if you can get some sort of legal help, you ring the number on the latest letter you got(prosecutions dept number), tell them that who ever you have got to represent you legally will speak on your behalf for this case. Get them(your legal help) to ring that number and negotiate a deal, usually..(but not guaranteed) they will ask for you to pay their legal costs and the fare you "dodged" which usually amounts to between £130-140 and when you do that, the case will get dropped and most importantly..you avoid a criminal record.

This is your best shot of avoiding a criminal record, because if you don't do this they will prosecute you not matter how much you plead with them with written correspondents you send them.

I hope this helps, and I'm sorry to be blunt,but unless you do the advice I gave you, you will get a criminal record for this.



Well, having read through the whole thread and note DaveNewcastle's excellent appraisal of the matter, I thought we ought to point out the major fault in this so-called 'advice' by 'we-the people' above.

Firstly, if someone has committed an offence that might result in a criminal offence such as this one, seeking legal advice once it becomes clear that you are likely to be prosecuted is a good idea, BUT it isn't necessary to have a lawyer negotiate a settlement for you if one is possible.

More importantly, the mere fact that a solicitor makes such an offer is no guarantee of success either. I have first hand experience of solicitor pleas being rejected.

Dependent on the circumstances, the TOC may decide that an offence is serious enough to warrant prosecution. It is their prerogative to do so.

You must understand that and in such circumstances that same solicitor may end up advising you to plead guilty.

First step, if you think you are guilty and evidence suggests that you are, apologise, be entirely truthful and ask the prosecutor's office if you might be allowed to resolve the case administratively.

If that fails, you might try again, if that fails you might consider the extra cost of engaging a solicitor, but it is not an essential.

In my experience TOCs prosecutors will follow the guidelines that mean each case is assessed on merit. Make a good case for them not to prosecute and you are more likely to protect your good name,
 
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