Settling with First Capital Connect

[BS12345]

Hi

A couple of months ago I received a letter from First Capital Connect informing me of their intention to prosecute after an incident a couple of months before that (an honest mistake where I forgot to touch in at Harringay station, and was subsequently caught by revenue protection officers, who didn't believe me). I wrote back to them explaining my side of it, and that I would like to settle out of court if possible.

A week or so ago I received a letter asking me to contact them - I did so and was told that if I were to write to them again making an offer of a settlement, if they believed it to be fair, they would accept it and court action would be avoided. I asked what an appropriate amount would be and they said it should reflect what I earn and what I think I would be fined if it did go to court.

My question: what would be an appropriate amount? I am currently on a short term contract earning less than £15,000 a year. I live with my parents and am financially dependent on them. I don't want to offer too low an amount and have FCC reject it and continue with court proceedings, and I also don't want to offer far more than I need to - can anyone help with this?

 

[bb21]

Some more details regarding the case would be useful. Have you been in trouble with FCC before?

 

[BS12345]

Some more details regarding the case would be useful. Have you been in trouble with FCC before?

No, this is the first time I've ever had any trouble.

This is what happened - I forgot to touch in at Harringay, realised after I'd gotten on the train, and got off at Finsbury Park to go and touch in. I didn't have enough credit on my Oyster card and went out the station to top up, which is when I was questioned by a revenue protection officer. Unfortunately, he didn't believe me, probably because there was an Arctic Monkeys concert happening at Finsbury Park the same day and he obviously thought I was just going to that and fare dodging (which I wasn't - I carried on to Hackney Central after topping up). He let me go and told me I'd get a letter, which I did, two months later.
I explained this in my letter to FCC, and pointed out that if I was fare dodging I wouldn't have left the station to top up. I also pointed out that the difference in travel costs of going to Hackney Central from Harringay or Finsbury Park is only 20p (because my railcard is attached to my Oyster).

This is the first time I've ever been in trouble with any train company so I don't know what the appropriate amount would be to offer them, but if anyone's got any advice it'd be handy.

 

[najaB]

This is the first time I've ever been in trouble with any train company so I don't know what the appropriate amount would be to offer them, but if anyone's got any advice it'd be handy.

From what I've seen in other cases, the fare plus a high double-digit amount for costs (e.g. £80) would be a reasonable offer.

 

[BS12345]

From what I've seen in other cases, the fare plus a high double-digit amount for costs (e.g. £80) would be a reasonable offer.

Thank you. Do you have any advice on how I should phrase the letter? Sorry if I'm being hopeless but I have no idea how this sort of thing usually works.

 

[cuccir]

Well you've presumably already described what happened in the first letter and apologised. So open by referring to previous correspondence, and in one line reiterate your apologies. Thank them for agreeing to consider a settlement.

Then make a straight-forward offer of the fare + an appropriate administrative payment, as advised by najaB. Note that you have considered your annual income of £xxxxx in making this offer. If your income is low then the £80 sounds about right.

For others - would we advise adding a copy of a payslip as evidence of income levels? I would suggest that that seems sensible.

 

[telstarbox]

Does FCC still exist as an entity now that services have transferred to Great Northern?

 

[maniacmartin]

Does FCC still exist as an entity now that services have transferred to Great Northern?

Yes, the registered company still exists to tie up any loose ends, even though they don't operate any rail services

 

[BS12345]

Well you've presumably already described what happened in the first letter and apologised. So open by referring to previous correspondence, and in one line reiterate your apologies. Thank them for agreeing to consider a settlement.

Then make a straight-forward offer of the fare + an appropriate administrative payment, as advised by najaB. Note that you have considered your annual income of £xxxxx in making this offer. If your income is low then the £80 sounds about right.

For others - would we advise adding a copy of a payslip as evidence of income levels? I would suggest that that seems sensible.

Thank you. I did all that in my letter and offered £90 just to be on the safe side, as well as the full fare from Harringay to Hackney Central (£2.80). I also included a copy of my most recent payslip which proves that I'm on a low income. I didn't include cheques with the letter as I assume that I need to wait for FCC to accept the offer first.

 

[BS12345]

Pleased to report that FCC have accepted my offer. Thanks to everyone for their help.

 

[bb21]

That's good news. Thank you for keeping us informed. Stay safe.

 

[najaB]

Glad to hear it.