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NJames

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  1. Sorry, I had a bit of a busy night last night so was unable to check messages on here. All dealt with by a financial penalty of £610.40 (which includes the apparent "abuse" to a member if railway staff). Do you think it will be worth complaining about the said member of staff?
  2. The letter was in response to the prosecution department writing to me saying they were considering prosecution. Because of the hours I work, it might not always be beneficial to buy a travelcard. Fur example, if I work a late shift, I would drive into work. Regarding me buying a ticket from the guard, I went to find him. Not the other way round. He was really polite and apologetic and said to get a ticket at Waterloo, saying it will be fine. Not everybody knows the ins and out if bye-laws. Although there is information online, it doesn't really explain much to someone who doesn't know what they are. By all means, call me thick, but other people have more knowledge than others. Doesn't really explain what the likely outcome will be today. As I say, hopefully just a hefty fine.
  3. I'm not grumbling about travelling without a ticket as I know I am in the wrong for not purchasing a ticket before my journey. What I could spend hours grumbling about is the attitude of SWT staff.
  4. Ah, I see. Well, I know there's not much more I can do. As I say, I'm hoping it's just a hefty fine and not 3 months!
  5. Yes, I have lots of tickets that I have kept since the summons arrived. I travel using SWT every day and usually buy tickets a day before or on the day before I get on the train. How is it isolated if it's happened before? It's a difference offence from the one I had in 2011.
  6. So, the 18(1) prosecution in February 2011 is different to the S5(3)(a) and "contravening Byelaw 6(1)" which I am being prosecuted for this time? Nobody has explained the Byelawys to me and I really can't find much information on them, if any. What are the likely outcomes of the 2x prosecutions this time do you think, bearing in mind I have the 18(1) from 4 years ago. When I said I would take a picture of his name badge or make a note on my phone he said no and then hid his badge. I know I have done wrong, but there is no need for them to treat me like dirt. I haven't read or heard one good thing about SWT's RPO's which is interesting.
  7. It's confusing the hell out of me and making me worry non-stop!
  8. The train was coming into the station and there were a few people fannying around at the ticket machine taking forever, and if I waited, it which would have meant I missed my train. Looking back, yes, I should have waited and then got the next train. How can I get his name for my defence? They won't open up and give it to me. I understand that there is a possible chance of "3 months jail sentence" but what are the chances of this? I'm now using this to my advantage, but one of the solicitors I spoke to said there are people far worse than me who are still free. Has anybody heard of these cases going to jail? Also, have you tried taking the name of a guard / SWT staff member? They always get funny about it. The RPO wouldn't give me his name unless I provided the paper and a pen. Who carries a pen and paper with them on a Sunday when you're going up to London for the day? I asked if I could make a note of it on my phone ... he stopped me from doing that, too.
  9. I've done nothing but worry since I received the summons and the letter telling me they were prosecuting me. I'm hoping it's just a hefty fine and nothing more.
  10. I've tried that but they're not having any of it. I'm guessing because he can get in trouble for telling me I can do it. They're trying to protect him. I've done all I can. Just worried about the outcome of the whole thing.
  11. I have already spoken to prosecutions to ask if they will accept an out of court settlement and they refused and said the case will still be heard on Thursday. It seems that the prosecutions department don't have manners either as every time I call they are nothing but rude. I was also advised to find the name of the guard who said I could get a ticket at Waterloo by emailing Guard Management. When I did this, they replied saying it is a legal matter and they can not get involved in any correspondence with me. I know they're protecting said guard. Sadly, I have no other way of finding out his name.
  12. Hi, Just looking for some advice / reassurance. On March 16th, there was an incident where I am being accused of travelling without a ticket with the intent of not paying. This is the Revenue Protection Officer's word against mine - - and lets just say he wasn't the most friendly RPO in the world. The case is to be heard in court this Thursday. I am also being prosecuted for what SWT think was abuse to a member of staff. I can clearly say that their version of the word "abuse" is different to what you and me think it means. I was prosecuted for bye-law 18(1) in February 2011 where I had to pay a total of £208.70 in costs, this is a second offence. Please don't judge me. Both times I have intended on buying a ticket from the guard. Having spoken to two solicitors, they have assured me and are pretty certain that this will not be a prison sentence, even though this is a second offence. They just said my wallet will be a little lighter than it has been. To save me from explaining it again, this is the letter I wrote when I received a letter from South West Trains saying they were "considering" prosecution. Any advice / thoughts would be appreciated. ... and please don't give me the "you avoided payment, you deserve what you get" as I have seen a lot of that on the forum! LETTER TO SWT: I am responding to your letter regarding the incident on 16th March. I arrived at London Road (Guildford) train station just as the train was pulling into the platform. Instead of going from London Road to London Waterloo, I went from London Road to Guildford and then up to London Waterloo. Having done this once in the past, I learnt that it is a much quicker route rather than going via Clandon / Effingham Junction. I was unable to find a guard on the train from London Road to Guildford to buy a ticket, searched for the guard on the train from Guildford to London Waterloo. The guard on the train from Guildford to London Waterloo said he didn't have a ticket machine on him he was therefore unable to serve me a ticket. He was very polite and told me that if I explain the situation when I get to London to the staff at the barriers, they would let me buy a ticket. On my arrival at Waterloo, I went straight to a member of staff on the platform – who turned out to be a Revenue Protection Officer. From what I remember, I think his name was XXX? He was stood next to the train already serving a customer when we pulled into the platform. When he finished serving the customer, I explained the situation to him and told him why I was unable to buy a ticket and what the guard told me on the train from Guildford. I said I would understand if I was given a penalty fine as I boarded the train with no ticket, BUT I did search for the guard. When I said this, he was very rude to me saying it's not up to me whether I am fined it's up to him. I then said to him that I would like to be served by another member of stall less rude than him, and he told me to go and find someone. He then said "Go on then. Find someone else, but you won't find anyone". I understand that your officers need to be stern, but surely this is completely over the top? I then called over two Police Community Support Officers who were standing by the barriers on the platform as I believe the way the Revenue Protection Officer was speaking to me was unacceptable. They told me not to worry and that they could see I was being treated unfairly by the member of staff. I said to the Revenue Protection Officer that I was willing to buy a ticket for my journey, but he wouldn’t let me say anything and kept interrupting me insisting I was being rude to him and breaking Byelaws. Not knowing what a Byelaw was, I asked him and he refused to give me information or details as to what it meant. Following this, I said to him that I work for XXX and that I had recently heard from a number of staff and journalists from work (and other companies) that the manner of staff at South West Trains was unacceptable and more and more people were raising complaints. Your Revenue Protection Officer then told me I was using my job as a threat to South West Trains. This was not the case at all. I value my job too much to use it as a threat. I then demanded for the Revenue Protection Officer to call for the station manager. The manager came down (after a long 15 minute wait) and at the start he was really polite and understanding of my situation. he then then went over and spoke to the Revenue Protection Officer. The manager returned to me, also telling me I have broken two Byelaws. J ust like the Revenue Protection Officer, he refused to tell me what this meant either. I was then told by the manager to leave the train station otherwise the situation would be taken further. I asked yet again if I could buy a ticket and he said no, just leave the station. May I ask why: a) if I was a fare dodger, would I have tried to find the guard or a member of staff at Waterloo b) had I been intent on defrauding South West Trains, would I give my real name and address I made an effort to pay my train fare, but was met with rudeness. I have been a regular with South West Trains for over 5 years – using your service at least 5 days a week – spending nearly £20 each day. Never before have I been faced with these issues. I am still more than happy to pay for the journey from London Road (Guildford) to London Waterloo, just like I have been from the moment I got on the train to find the guard. I would be grateful if you could give this letter your consideration as it is the truth. I repeat - I was the one who approached both the guard on the train and ticket inspector at London Waterloo. By trying to do the right thing I appear to have left myself open to accusations.
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