help required regarding TFL prosecution - **SETTLED BEFORE COURT **

[rebel11]

Don't send yet, see what others think.

 

 

Dear Mr. XXXXXXXXX,

 

On XXth XXXXXX 2014, an Inspector asked me to produce my ticket for the journey I had made. Unfortunately, on this occasion, I was unable to produce a valid ticket for inspection.

 

On the day of the incident, my wife told me that she felt very ill so I was very worried and concerned about her and wanted to see her as a matter of urgency, then I also had work commitments on that day too.

 

I can confirm, however, that I did purchase a new monthly ticket later on my Oyster Card, which would cover the whole of XXth XXXX 2014. I am confident that internal records you keep regarding my travel on TFL network using my Oyster Card will support this assertion.

 

Your internal records will show that I have a good top-up history (card number XXXX) for journeys made on the TFL network over a number of years. Further, I can provide my top-up receipts for those years if requested.

 

That said, I fully accept that I appear to have breached a Regulation of Railways Act 1889, section 5 (1), and understand, fully, that it is my responsibility to ensure that I produce on request a vaild ticket/card for my entire journey.

 

This incident has enabled me to fully appreciate the seriousness of failing to produce a valid ticket, and I sincerely apologise for the inconvenience I may have caused you.

 

I would like to thank TFL for the adjournment of the recent court date. I wrote to TFL numerous times on their request but TFL did not respond to my communications. This incident has disturbed my whole life over the last four months.

 

I would respectfully ask that in light of the above, this matter may be concluded by covering any reasonable administrative costs you may have incurred from my actions.

 

Yours sincerely,

 

Mr. XXXXXXXX

 

 

 

The reason why the amount you have offered has been removed, is it could be interpreted wrongly. Let them set the settlement figure.

[rebel11]

Thanks guys, Old-CodJA (amended) and King12345. If you put 'Without Prejudice' it will only confuse the Prosecution Manager, you would be sending mixed messages to him, then it's not a genuine letter of contrition.

 

sddxac you can send this if your happy with it, remember, there are no guarantees. Send it to him in the post, send it Special Delivery.

 

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Dear Mr. XXXXXXXXX,

 

On XXth XXXXXX 2014, an Inspector asked me to produce my ticket/card for the journey I had made. Unfortunately, on this occasion, I was unable to produce a valid ticket/card for inspection.

 

On the day of the incident, my wife told me that she felt very ill so I was very worried and concerned about her and wanted to see her as a matter of urgency, then I also had work commitments on that day too.

 

I can confirm, however, that I did purchase a new monthly top-up later on my Oyster Card, which would cover the whole of XXth XXXX 2014. I am confident that internal records you keep regarding my travel on TFL network using my Oyster Card will support this assertion.

 

Your internal records will show that I have a good top-up history (Oyster Card number XXXX) for journeys made on the TFL network over a number of years. Further, I can provide my top-up receipts for those years if requested.

 

That said, I fully accept that I appear to have breached a Regulation of Railways Act 1889, and understand, fully, that it is my responsibility to ensure that I produce on request a vaild ticket/card for my entire journey.

 

This incident has enabled me to fully appreciate the seriousness of failing to produce a valid ticket/card, and I sincerely apologise for the inconvenience I may have caused you.

 

I would like to thank TFL for the adjournment of the recent court date. I wrote to TFL numerous times on their request but TFL did not respond to my communications. This incident has disturbed my whole life over the last four months.

 

I would respectfully ask that in light of the above, this matter may be concluded by covering any reasonable administrative costs you may have incurred from my actions.

 

Yours sincerely,

 

Mr. XXXXXXXX

 

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[rebel11]

You are sending the letter below, amend the XXXXXXXXX, send it Special Delivery. Print/sign. I would give him time to review it before chasing. You can check the signature to check they have received it.

 

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

Dear Mr. XXXXXXXXX,

 

Your Reference:- XXXXXXXXXXXXXXXX

 

On XXth XXXXXX 2014, an Inspector asked me to produce my ticket/card for the journey I had made. Unfortunately, on this occasion, I was unable to produce a valid ticket/card for inspection.

 

On the day of the incident, my wife told me that she felt very ill so I was very worried and concerned about her and wanted to see her as a matter of urgency, then I also had work commitments on that day too.

 

I can confirm, however, that I did purchase a new monthly top-up later on my Oyster Card, which would cover the whole of XXth XXXX 2014. I am confident that internal records you keep regarding my travel on TFL network using my Oyster Card will support this assertion.

 

Your internal records will show that I have a good top-up history (Oyster Card number XXXX) for journeys made on the TFL network over a number of years. Further, I can provide my top-up receipts for those years if requested.

 

That said, I fully accept that I appear to have breached a Regulation of Railways Act 1889, and understand, fully, that it is my responsibility to ensure that I produce on request a vaild ticket/card for my entire journey.

 

This incident has enabled me to fully appreciate the seriousness of failing to produce a valid ticket/card, and I sincerely apologise for the inconvenience I may have caused you.

 

I would like to thank TFL for the adjournment of the recent court date. I wrote to TFL numerous times on their request but TFL did not respond to my communications. This incident has disturbed my whole life over the last four months.

 

I would respectfully ask that in light of the above, this matter may be concluded by covering any reasonable administrative costs you may have incurred from my actions.

 

Yours sincerely,

 

Mr. XXXXXXXX

 

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[rebel11]

Changing it is fine.

 

just one more quick question, on the letter I see "I can provide my top-up receipts for those years if requested" but I only kept last one year receipts, do we need to change this bit?

[rebel11]

You need to give RM time to update the system. Again TFL will need time to review the contents of your letter. Just wait.

 

letter posted by special delivery yday

and i can see receipt signature from the royalmail site now. Dont know what will happen next... when shall i contact tfl again?

[rebel11]

You can call them today, ask is it possible to settle the matter, don't go into anything else. Don't quote any figures, see what they say.

[rebel11]

Leave a voicemail, ask him to contact you.

 

just called but got voice mail.Shall I leave voice and email him if still not able to reach him later?

[rebel11]

Yes to both.

 

l left one voice mail earlier but got no reply so far. tried to call many times but his phone seems to be on voice mail for whole day today. Should I email him if i can not get any reply by end of today? Or call him again on Monday?

[rebel11]

That is disappointing. Update with their reasons.

[rebel11]

Your going to have to attend court. If everything you say is correct, this is 'harsh'. Lets see what his reasons are.

Ultimately you have to decide how to plead. If you check the forum, you can see the costs attached to cases.

One thing don't panic.

 

i will update here when i get. How about my questions in my last post?

[rebel11]

It can't do any harm, address it to the MD as previously. Tomorrow, get the prep done for going to court.

 

got out of office reply now when i ask for updates... the prosecution manager will be out until 13 nov. really dont like the way TFL works! should i complaim again?

[rebel11]

'A further communication outlining my reasons in detail will be sent separately', then he won't be in the office until 13th November.

 

Why say it if he's not going to do it?

 

 

The Prosecutor is not obliged to give any reason for rejecting a request by the defendant to settle out of Court.

 

If the prosecutor has good evidence of an attempt to avoid payment of a fare, then prosecution under the legislation already specified (Sect.5(3)(a) RoRA) is justified and if the company wish to prosecute that offence it is their prerogative to do so.

 

As rebel has said, I would strongly suggest the OP should consider seeking qualified legal advice, or at the very least attend the next listed hearing on time and put their plea in person

[rebel11]

Let's put aside any breach of Regulation of Railways Act 1889. The OP sent response letter as requested by TFL Special Delivery, he chased it up several times via email - nothing. He chased it up recently, they informed him that they lost it.

 

He has had to write to the CEO to get a response from TLF. It seems they wanted to prosecute him and weren't willing to consider his response at any stage. Maybe it is less to do with the 'breach' as such and more to do with, they think it will be 'an easy prosecution'.

 

I can't remember another case on these forums like this. (We are going by what the OP has said, we don't have access to the TLF files).

[rebel11]

You need to put it aside to understand what I'm saying. I'm not saying they are the same issue.

 

Why do TFL send out the letters asking for the OP's side of the story?

 

Why do they think it's not relevant in this case?

 

Why have they lost the OP's letter in this case, when it was signed for?

 

Why have they ignored subsequent emails?

 

Why has he been treated differently to other people

who didn't have the correct ticket but have communicated with TFL?

 

Unfortunately rebel, we cannot put that aside as you suggest, the OP has said that he has received a Summons alleging that charge and that needs to be responded to. Yes, he might go to Court and say that he is in correspondence with the CEO, but the Court are only likely to grant a short adjournment whilst correspondence is addressed.

 

The allegation is a criminal matter and the OP needs to separate that issue from any issue of an administrative failure in order to minimise further risk.

[rebel11]

I could respond, but lets see how the OP gets on.

[rebel11]

I'd only be going through your attempted answers against the questions I've raised, those questions are very relevant, but you don't seem to think so. I'd go as far as to say, TFL are responsible for wasting court time. They didn't do what we know they do 99.9% of the time, they didn't respond to his letter, they didn't respond to his emails, they lost his letter, etc. They took the matter to court, without considering his letter, it does defeat the object. ' The 'poor administration' is not easily dismissed, it has a relevance.

 

Please do rebel, you make come up with something that could be of real use to the OP

[rebel11]

In post '9' (20/10/14), I suggested you visit CAB, they have access to solicitors, have you visited CAB? It's still not too late.

 

Yes you used somebody elses pass, you told them that. TFL has a process in place so they treat everyone equally, but for some reason, you are the exception to the rule.

 

Summary:-

 

I was cautioned. Revenue Inspector said I would receive a letter.

I received a letter asking for my side of events as is TFL's procedures.

I responded immediately via Special Delivery.

TFL signed for the letter. TFL received my letter.

TFL did not respond to my letter. I sent several chase emails to TFL.

TFL still did not respond. TFL recently sent a summons - with court date.

I contacted them again. TFL stated that they lost my letter, although TFL signed for it.

I wrote to the CEO of TFL. TFL adjourned the court hearing.

TFL has wasted court time. I sent another letter to TFL.

TFL carried on with the prosecution. This is the first and only time

I have failed to produce a valid pass.

 

It can still be settled on the day, but for some reason TFL has treated

you differently. If they don't settle, at least make sure the Judge is made aware of the above. You could print if off and hand it to the Judge, tell the prosecution, that's what you are going to do.

 

I did try to ask a few solicitors today. No one seems to think I can win if I plead not guilty after my story about the whole case. Get solicitors to represent me before court could cost 1k+ which is even more than the fine I could get.

[rebel11]

CAB provide free advice, they have access to solicitors, so it free. If your not confident in speaking, type it out and hand it to the Judge. It can't harm your case. If you haven't got all the evidence add that too. Hand a copy to the prosecution person as well.

 

i have not contacted CAB cos i have thought my case can not get free legal advice. i already asked solicitors directly.

 

i can give the above to court tomorrow. but would it help to reduce any fine for my case? i even want to prosecute tfl for breach of duty of care but feel not easy to get evidence and legal cost could be high..plus it can only be after tommorrow.

[rebel11]

Any update?

[rebel11]

The guys spent time and effort helping you, so can you post an update?, please.

[rebel11]

Well Done sddxac, thanks for letting us know the outcome and the donation.