Prosecution settlement

[azuer6415]

Hi
I received this letter in the post almost 6 months after the fine was issued. I want to know what my wiggle room is as they sent it 5 months and 3 weeks after the 14 days they gave me it is over 6 months can they legally still prosecute me. I have also emailed them asking for what evidence they have this was me.

 

[jfollows]

They are out of time to initiate a prosecution, yes.

 

[azuer6415]

They are out of time to initiate a prosecution, yes.

Thank you, do you think they still try to get me to settle though?

 

[jfollows]

Thank you, do you think they still try to get me to settle though?

Clearly, from the letter.
You should have ignored it, but in a sense it doesn’t matter because they can’t prosecute you now. Because you contacted them they will probably keep on trying.

 

[azuer6415]

Clearly, from the letter.
You should have ignored it, but in a sense it doesn’t matter because they can’t prosecute you now. Because you contacted them they will probably keep on trying.

Ok thank you for your help

 

[ainsworth74]

Yes they are now timed out from going after you via the criminal courts for a regular Byelaw or Regulation of Railways Act 1889 prosecution but they could still pursue a civil claim via the Small Claims Court for any fares outstanding. There has been some indication of an increasing willingness within the industry to take that sort of action but it is still fairly unusual.

 

[ChilliSauce]

Hi
I received this letter in the post almost 6 months after the fine was issued. I want to know what my wiggle room is as they sent it 5 months and 3 weeks after the 14 days they gave me it is over 6 months can they legally still prosecute me. I have also emailed them asking for what evidence they have this was me.

I note the letter invites the recipient to call an 0870 type number. I am not sure that an organisation reaching out to a member of the public is actually allowed to do this as it's in effect a revenue share number and are required to provide either an 01, 02, 03, 0845, 0800 type number.

Moderator note: see correction below

 

[AlterEgo]

I note the letter invites the recipient to call an 0870 type number. I am not sure that an organisation reaching out to a member of the public is actually allowed to do this as it's in effect a revenue share number and are required to provide either an 01, 02, 03, 0845, 0800 type number.

They are allowed to use an 0870 number for people to pay penalties and charges; it is only forbidden for complaints and customer service issues.

 

[z444z]

They are out of time to initiate a prosecution, yes.

Initiate, yes, but it is not possible that it was initiated before the 8th of November and the documentation hasn’t reached the OP yet? The usual advice here seems to be that you can’t be sure you’re in the clear until around 7 months after the incident. Sorry if I’m misunderstanding something!

 

[Fawkes Cat]

Initiate, yes, but it is not possible that it was initiated before the 8th of November and the documentation hasn’t reached the OP yet? The usual advice here seems to be that you can’t be sure you’re in the clear until around 7 months after the incident. Sorry if I’m misunderstanding something!

It's possible, but (in my view) unlikely. The letter is phrased as 'pay or we will prosecute' rather than 'pay and we will cease to prosecute '. From that, it seems to me that the railway (or more precisely ITAL, their agents) haven't looked at the calendar and haven't realised they're out of time.

I'm normally very keen on customers playing by the rules and paying up. This time, what's sauce for the goose should also be sauce for the gander: the railway seems to be out of time so they need to back off to stay within the rules.