Notice of Intention to Prosecute. Cant Sleep

[Archosman]

Hello to this forum.

 

Please can someone help me im after some advice.

 

Today I recieved a Letter in the post.

 

On the 22nd of September I got on a train that was at the station quick. Usually its cost £2-50 just 2 stops.

I got on the train without buying a ticket.When stopped on the train by inspectors I offered to buy a ticket with my £5 and they said no. "Why did you not buy one at the station?"

 

I said "I want to buy one now becuase I didnt have time the train was there.After they took me off the train took my details and said "Southern Rail " Will be in contct with me,.

 

Today Irecieved this letter.

 

::: This letter is to inform you of our intention to take this case to the Magistrates Court and enclosed form provides you with the opportunity to tell us what happened from your point of view.

 

Fare evasion costs the rail industry over £400 million per year and Southern Railway has a Zero Tolernace approach to fare evasion.we always ask the courts impose the maximum penalty for effenders ,which can include following.

 

*A criminal Record (always)

* Fine up to £1000 (always)

*Prison Sentence

*Suspended sentence

*Community Service

*Seizure of any computer equipment( if invloved)*

*Compensation(always)

 

This is my 1st offence and I would like to know Will I go to prison when I go to court? I cant sleep and im worring alot this week I will go to prison.I know I will get a fine and a criminal record too

 

I am going to send of my reply and tell them what happened.I fullt admit and guilty of not buying a ticket that day every other day i brought one.

 

Thanks for reading hope Ive explained everything well and appreciate all replys .

 

cheers everyone.

 

 

Paul Uk.

[silly11]

Paul, don't panic. Whilst you have certainly .., and they are legally within their rights to take you to the Magistrate Court, there are ways around this. Have a read through the threads on here, have a look at the thread I made on the first page. From what I can tell from your post, I did something far more stupid than you and managed to settle out of court for 35 quid though I'm under no illusion that I got extremely lucky when it came to that particular figure.

 

Point is, it won't necessarily go to court. I'm also happy to pm you a copy of the letter that I sent to Southern after I got the Notice of Intention to prosecute letter - it was the same as yours.

 

Try and relax, things aren't as bad as they may seem.

[Archosman]

Silly can you pm me please if possible.Im just worried about prison

[silly11]

Unless you're a massively habitual offender, the way I understand it is that there's no chance you'll go to prison. And there's a good chance you'll avoid the conviction if it's a first offence.

 

Did you read my thread "I will freely admit I'm an idiot" - that should set your mind at ease a bit.

[Archosman]

I havent read your post yet.thanks for replying to me.Did you recieve legal advice about no chance of going to prison.

I could get legal aid i think.

 

Just have not got a clue about these things

[saintly_1]

Link to silly11's thread http://www.consumeractiongroup.co.uk/forum/showthread.php?279098-I-will-freely-admit-that-I-m-an-idiot-and-could-use-some-practical-advice.&highlight=

[silly11]

I havent read your post yet.thanks for replying to me.Did you recieve legal advice about no chance of going to prison.

 

No, I listened to the advice off the guys on here - calm down, you're making me nervous

[Archosman]

I just read this section Act from your post silly

 

4 Punishments. E+W

 

(1)Offences under this Act shall be punishable either on conviction on indictment or on summary conviction.

(2)A person convicted on indictment shall be liable—

(a)for an offence under section 1 or section 2 of this Act, to imprisonment for a term not exceeding five years; and

(b)for an offence under section 3 of this Act, to imprisonment for a term not exceeding two years.

 

 

Should I be concerned about this at all its does mention Prison

[honeybunny2010]

I am in same shoes with you right now, panic with sleepless night, I know the letter for summon is coming based on what i read so far in this forum. I am trying hard to write the letter to TFL and beg them to consider not prosecute further. Do you mind to PM your letter as well to me, silly even though the case is from different company.

 

Thanks in advance.

[Archosman]

Could you please pm me your letter to me also Silly? if possible

[silly11]

Can do - obviously my circumstances were different to yours, but the main things you want to put in your letter are that it was a one off, make no excuses, ask if you can pay any of their admin costs to date, explain the consequences of a conviction to your life and emphasise that you'll never do it again.

 

PM's on the way in a few minutes...

[Archosman]

Thanks everyone I will check the forum in the morning.

 

goodnight cheers for help

[dx100uk]

looks like old codja and the guys havent spotted this thread yet

 

what you need to do is write a pleading letter and offer to pay and costs etc etc

 

there are plenty of threads on here with the info required

 

calm ddwn, nothing will happen to you

 

just send the grovel letter and relax

 

the guys will be up soon who work or have worked in this job to re-assure you.

 

dx

[Wriggler7]

Ok, thread 'spotted'.

 

I first got paid to go to a Magistrates Court in 1977, so I may not 'know it all', but I have seen a lot. I have never seen anyone go to prison for rail fare evasion.

 

The word 'prison' gets used because the maximum punishment for rail fare evasion charged under section 5,3 of the Regulation of Railways Act is £1,000 and/or three months for second and subsequent offences.

 

I am sure Old Codja will correct me if I am wrong, I think the maximum fine under Byelaw 18 is £500.00.

 

The normal 'worst that happens' is a fine arounf £350.00 and the costs, often about £100.00, and compensation of the fare.

[Wriggler7]

Before anything gets into Court, there is a lot of paperwork to be prepared. Many railway prosecution teams are actually hoping that you will ask if you can settle out of Court. The decision is theirs, but you need to 'plant the seed' with them. We are trusting what you say, that this is a first offence, and there is nothing more to it than getting on, going two stops, and not having a ticket.

 

Reply to their letter. Apologise, tell them that you will not do it again, offer to pay reasonable costs to settle the case, because you would suffer badly if it all ends up in Court.

 

What all thread readers need to remember is 'do not lie' to them. They will look at records, possibly CCTV and so on. If Ronnie & Reggie wrote a letter claiming it is a 'first and only time', there would be a peal of laughter, swiftly followed by a summons.

 

The first thing is to reply. If Mother Theresa ignored the letter, the case would go to Court.

[Archosman]

thanks Wriggler7 for putting my mind at ease a little.I will wait for the outcome of my letter.Can I reply here agin when i recieve my letter?

 

Perhaps these letters are meant to scare us.

[SRPO]

Ok, thread 'spotted'.

 

I first got paid to go to a Magistrates Court in 1977, so I may not 'know it all', but I have seen a lot. I have never seen anyone go to prison for rail fare evasion.

 

The word 'prison' gets used because the maximum punishment for rail fare evasion charged under section 5,3 of the Regulation of Railways Act is £1,000 and/or three months for second and subsequent offences.

 

I am sure Old Codja will correct me if I am wrong, I think the maximum fine under Byelaw 18 is £500.00.

 

The normal 'worst that happens' is a fine arounf £350.00 and the costs, often about £100.00, and compensation of the fare.

 

Its the same as RRA, level 3, but SGC put byelaws as band A offences & RRA as band B offences.

[Old-CodJA]

Sorry, only just spotted this, been away for a couple of days.

 

Yes, Wriggler7 & SRPO are right, DON'T PANIC.

 

What you have received is what is known as a 'verification letter'. It gives a very firm explanation of the position and reasoning behind Southern's policy with regard to prosecution, but you should not worry unduly.

 

If you have not received a Summons and if what you have said in the first post is all that occurred, it is likely that you may be charged with the strict liability offence of breach of Byelaw 18.1.

 

As Wriggler7 has made perfectly clear, apologise, stress the disproportionate effect on your employment and standing of a prosecution, offer to make fair recompense of the fare and all the reasonable administration costs incurred by the company and give an assurance not to repeat the offence.

 

They are not obliged to accept your appeal, but if well written and to the point, if there is no previous incident on record in your name, such a letter as this will normally get proper consideration. Each case is dealt on its own merit in my experience.

[Stigy]

Can't really add anything, but feel that the more people that verify what's likely to happen, the better so as Archos can have a sleep filled night!

 

Respond to their letter and apologise profusely and advise them that this was your first offence (if it was!). I advise you offer to pay the company's reasonable admin costs in order to remain out of court. The company aren't obliged to accept, but you stand a fighting schance if your initial post was accurate! Ignoring them will more than likely end up in court regardless. Prison wont happen, and if it does, I'll eat my right arm!

[Old-CodJA]

Hi, I have drafted a few template letters that might prove useful in responding to the TOCs in these type of situations.

These letters will not be succesful in every case, because where there is a strong case for prosecution of a clear intention to avoid a fare, the TOC may disregard such a plea and go straight to Summons.

 

With amendment to suit your particular case, I suggest the following may be useful:

 

Dear Sirs,

 

I write regarding the letter that I have received from you and concerning the occasion on > when I was reported for travelling on your train service from > to > without a valid rail ticket.

 

I wish to offer my unreserved apology for my actions in the hope that you will allow this matter to be resolved without court action and thereby allowing me to preserve my good name. I have not previously been reported nor travelled without paying the fare due

 

I do recognise that I have been foolish in that I boarded the train without first having paid the appropriate fare for my journey when facilities were available for me to get a ticket, but I genuinely arrived late and boarded the train in my haste not to be late for my >.

 

I am extremely sorry for having failed to comply with the rail company rules on this occasion.

 

I understand that fare evasion is a serious problem and unfair to the vast majority of travellers who pay the correct fare every time, I hope that you will recognise that I acted with impulsiveness and not with the intention not to pay. I did offer to pay my fare immediately that the member of staff concerned spoke to me. I wish to apologise to the member of staff concerned and to the Rail Company for the extra administration work that my actions have caused.

 

I am offering to pay the full fare that is due and the reasonable costs that have been incurred by the rail company in the hope that you will allow me to make amends for this uncharacteristic act.

 

I promise never to travel on a train without a valid rail ticket in future.

 

Yours etc.

 

 

Good Luck

 

.

Edited November 13, 2010 by Old-CodJA
Grammatic error corrected

[dx100uk]

i feel a sticky coming on .... if you guys want to do 'temple' letters

 

then i'll sticky them at the top of the forum

 

dx

siteteam

[Grotesque]

Good idea- would save unnecessary threads/ posts.

 

[Old-CodJA]

I would be very happy if the two templates I have provided so far could be made sticky although in reality they are simply a variation on the same one.

 

One being for use by a young person and the other for an adult where the offence is admitted and the traveller is appealing to the TOC to allow them to settle without Court action.

 

It is less easy to create a template for a those matters where a traveller denies the allegation, because all individual cases will have different circumstances, but I'll give that some thought.

 

I know it's a long post, but I've reproduced the two versions here for ease of reference

 

1. ADULT PLEA TO SETTLE WITHOUT COURT ACTION

 

Dear Sirs,

 

I write regarding the letter that I have received from you and concerning the occasion on > when I was reported for travelling on your train service from > to > without a valid rail ticket.

 

I wish to offer my unreserved apology for my actions in the hope that you will allow this matter to be resolved without court action and thereby allowing me to preserve my good name. I have not previously been reported nor travelled without paying the fare due

 

I do recognise that I have been foolish in that I boarded the train without first having paid the appropriate fare for my journey when facilities were available for me to get a ticket, but I genuinely arrived late and boarded the train in my haste not to be late for my >.

 

I am extremely sorry for having failed to comply with the rail company rules on this occasion.

 

I understand that fare evasion is a serious problem and unfair to the vast majority of travellers who pay the correct fare every time, I hope that you will recognise that I acted with impulsiveness and not with the intention not to pay. I did offer to pay my fare immediately that the member of staff concerned spoke to me. I wish to apologise to the member of staff concerned and to the Rail Company for the extra administration work that my actions have caused.

 

I am offering to pay the full fare that is due and the reasonable costs that have been incurred by the rail company in the hope that you will allow me to make amends for this uncharacteristic act.

 

I promise never to travel on a train without a valid rail ticket in future.

 

Yours etc.

 

 

2. YOUTH PLEA TO SETTLE WITHOUT COURT ACTION

 

 

Dear Sirs,

 

I write regarding the letter that I have received from you and concerning the occasion on > when I was reported for travelling on your train service from > to > without a valid rail ticket.

 

I wish to offer my unreserved apology for my actions in the hope that you will allow this matter to be resolved without court action and thereby allowing me to avoid the stigma that such a punishment would deliver so early in my life.

 

I do recognise that I have been foolish in the extreme. I boarded the train without first having paid the appropriate fare for my journey and having taken the decision to make that journey without the means to pay the full fare due, I am extremely sorry for having attempted to avoid my liability when questioned by the inspector.

 

I hope that you will recognise that I acted with the rash impulsiveness of youth. I am only 16 years of age and have since taken advice from a number of people, following which, I wish to apologise to the member of staff concerned and to the rail company for the extra administration work that my actions have caused.

 

I make no secret that I think rail fares are very expensive, but I also understand that fare evasion is a serious problem and is unfair to the vast majority of travellers who pay the correct fare every time.

 

I am offering to pay the full fare that is due and the reasonable costs that have been incurred by the rail company in the hope that you will allow me to put this matter behind me and move on. I have learned an important lesson in responsibility and without need to take any further action.

 

I hereby give a solemn undertaking not to repeat this uncharacteristic and immature act and to ensure that I always hold a valid rail ticket on future journeys.

 

Yours etc.

Edited November 14, 2010 by Old-CodJA

[Old-CodJA]

Para. 3 in the foregoing letters may be interchangeable in any reply as appropriate.

 

In fact, boarding a train without a valid ticket and without means to pay the full fare due is a more serious offence than the simple breach of Byelaw, but if it is admitted at the first opportunity and there is no previous record of offending nor warning for similar matters, the TOC may well be minded to allow a settlement.

[Archosman]

Thank everyone for replys.

 

Cheers for the template letters.Ive used part of them and put my own words in what happened too.

 

I will let you know the outcome to my letter.I cant thank you all enough.Im just waiting around and thinking about the letter they will send me back.!