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fergie

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  1. Hi all, I just wanted to bring an end to this sorry story... As suggested by the kind people on this Forum (esp. stevebailey and ianr) I called the Head of Prosecutions for Southern first thing on Monday morning. I found myself almost weeping whilst telling him that I might lose my job, that I was extremely sorry, had made a split second decision to go through the barrier etc etc. It was honest. And it worked. The Gent was extremely nice, professional, and understanding. I asked if there was an opportunity to settle out of court and we agreed (given no previous offences) on a figure in principal there and then on the phone then followed up in writing. I have paid the fine; said "sorry" about a million times; and feel very very relieved. I want thank you all so very much. Your advice was invaluable. In fact I had contacted a specialist lawyer about the case but didn't like him -- the threatening tone ("you could go to jail unless you you get help..." type of thing) and he would have charged ?750 + VAT!! to complete the written response to the letter.... Anyway, I am extremely grateful I didn't take that route and want to once again thank you all. Thank you. Fergie
  2. Thanks Steve. I'll call as you suggest. Does the offence of 'not having a ticket' mean they are not pursuing the more serious 'intent not to pay'? Thanks again!
  3. PS. I'm wondering whether I should phone the Prosecutions Manager first before writing?
  4. Hello, Just wanted to give you an update. The letter arrived from Southern Prosecutions today. I've copied it below. Can anyone tell me if this is the more serious offence of intent not to pay or the lesser offence? Thank you all for your help and I'll incorporate many of the points above in my explanation along with a copy of my bank statements showing regular payment of travel fares and the Travel Card for the 29th. Any other ideas would be great. Wish me luck and thank you again! 'Notice of intention to prosecute. On Monday 29th March at 08:14 your details were taken by a Revenue Protection Officer for the offence of not having a valid ticket at LONDON BRIDGE Station. This letter is to inform you of our intention to take this case to the Magistrates Court and the enclosed form provides you with the opportunity to tell us what happened from your point of view. Information should be both factual and honest. Fare evasion costs the rail industry over ?400 million per year and Southern Railway has a zero tolerance approach to fare evasion on our network. We always ask that the courts impose the maximum penalty for offenders, which can include any of the following: - A Criminal Record (always) - Fine of up to ?1000 (always) - Prison Sentence - Suspended Sentence - Community Service - Seizure of any Computer Equipment (if involved) - Compensation (always) You must reply to this letter using the attached document within 7 days of the above date.' Signed by the Prosecutions Manager.
  5. Thanks to you all. I'm just so worried about what to do for the best when the letter arrives. I understand it will ask me to plead - guilty or not guilty. Not guilty and I may have to appear in court and face a higher fine if I lose; guilty and I worry about getting a criminal record and the implications that may have. I have evidence of regular Zone 1-2 purchases and a letter too may be the way but I'm so unsure. Thanks again so much!
  6. Hello, I was hoping someone on this Forum could offer advice or help with a silly situation I've got myself into. This morning (29th March) I arrived at East Dulwich train station with about 8 minutes to spare. I needed a Zone 1-2 travel card to cover the return journey to Canary Wharf but the automated machine was 'out of service' so I joined the line for the ticket counter. After some minutes I still wasn't about to get served and faced with missing my train decided to board. At London Bridge there was another large queue at the 'excess fares' booth. Needing to get to work and faced with a potential penalty fine I made the foolish decision to follow someone through the barrier knowing that I would buy the travel card from the tube ticket hall, and so covering the first leg of the journey too. On the other side of the barrier I was pulled aside by an undercover policeman who asked me if I had a ticket (I replied "no") and then handed me another badge wearing undercover polceman or someone from the train company (I'm not sure which). I explained the machine was out of order, that I would buy a ticket that covered the whole journey in the tube hall, and also offered to pay the original fare plus the penalty there and then. He declined, and although sympathetic took my details, asked me if I had 'intended not to pay for the fare' (I obviously said "no!"), then Cautioned me, and said it would be referred and "they would write to me". He did say that I "would probably get away with it" if I stated (and this was in the notes he took) that the queue would have required me to wait for more than 5 mins (which it would have)... Well, I'm worried, a little scared, never been in trouble before, only ever been fined once in 10 yrs of travelling in London (similar circumstances but that time I went to pay the excess fare and was fined!). I now have to wait for the letter from the courts to arrive but if anyone can offer some advice, suggest a position to take to minimise the likely fine and possibility of a successful prosecution, that would be just wonderful. Equally, if it comes to it and I need legal advice, again I would really appreciate a recommendation. Thanks so much! East Dulwich Resident
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