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Old 21st February 2017, 06:53   #31
najaB
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Originally Posted by gazzalad20 View Post
i suffer with ptsd , anxiety , depression , and also expression bipolar but i will have to go for an assessment for it also i'm on meds
I'm sorry to hear that, and I hope you are able to get the treatment that you need to help moderate the symptoms.

However none of that absolves you of your responsibility to pay for your travels by train.
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Old 21st February 2017, 07:06   #32
Fare-Cop
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is there any precedent for imprisoning people for this?
Over recent years I have seen a number of cases come very close, but always as cuccir and others have suggested, it has been as a result of a prolonged pattern of sustained offending against RoRA, or included a serious fraud or other matter.

As suggested we'd have to go looking for evidence of anyone having been imprisoned, I don't recall hearing anything in recent years, though in the recesses of my memory I think I recall something from the 1980s at either St Albans or Watford, but it’s so long ago I may be muddling it with something else.

We've seen a number of offenders end up with community service orders in more recent times. In one RoRA case about a year ago Magistrates warned the defendant that they were considering a custodial sentence and the report from the prosecutor afterwards read as follows:

After respectful representations from me on behalf of the TOC, Mr XXXXXXX was sentenced to a 12 month Community Order with a 12 month Supervision and a 12 month Drug Rehab requirement on each offence, but to run concurrently....this was a 6 month increase of supervision order over that proposed by Probation Report. In addition, he was ordered to pay our full costs application of £675 plus full fare compensation of £20.90. These are to be subject to an attachment to benefits order and consolidation. The Court left the defendant under no illusions that custody could have been an option.

This is one of the more onerous penalties imposed in recent years that I have experience of, but although the offences were all RoRA matters, the effect of other offending and drug user issues can be seen to have contributed to the Court’s decision.

In the OPs case, I have no doubt that he has no reason whatsoever to worry about the likelihood of custody and with recent documentation from his medical practitioner being made available to the Court confirming his conditions as described, a sympathetic response is much more likely.

Last edited by Fare-Cop; 21st February 2017 at 07:11. Reason: spelling & format
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Old 21st February 2017, 08:57   #33
cuccir
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Originally Posted by gazzalad20 View Post
i suffer with ptsd , anxiety , depression , and also expression bipolar but i will have to go for an assessment for it also i'm on meds
OK - you should definitely get evidence from a doctor explaining this in preparation for a trial.

Did you mention these diagnoses in your letter to the train company? If not, you should contact them again, with a supporting letter from a doctor, outlining these. In particular, I'm concerned that someone suffering with these conditions might struggle with a day in court and I would hope that the train company might recognise this and reconsider accepting an out of court settlement.

Equally, as other posters have noted, having these conditions doesn't absolve you of responsibility, and they are within their right to prosecute given the previous history of penalty fares.

Moving slightly off topic - I hope you have a friend or a trusted professional who you're able to talk to about this incident. If you haven't done so, do speak to someone about it and if you do go to court, you may want someone with you to help you through the day.
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Old 21st February 2017, 23:35   #34
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ive spoken to some one about my case it's only an costs and compensation application , is there way they can decide what to give as its the same train company southeastern that section 136 and took me to hospital under caution i told the rpo guy that i suffer with mental health ,so far 3.70 , 125 i have to pay and it also say addition to any fine or penalty that court may impose , if i brought the 125 and 3.70 to court that will show them i'm willing to sort it
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Old 22nd February 2017, 08:02   #35
cuccir
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ive spoken to some one about my case it's only an costs and compensation application , is there way they can decide what to give as its the same train company southeastern that section 136 and took me to hospital under caution i told the rpo guy that i suffer with mental health ,so far 3.70 , 125 i have to pay and it also say addition to any fine or penalty that court may impose , if i brought the 125 and 3.70 to court that will show them i'm willing to sort it
No, that's not how it works. If you want this to stop before court, you'd need to arrange an out of court settlement with Southeastern. Don't presume that because you were issued a section 136 at their station that the people in the prosecutions team are aware of that - they're probably not.

Write a clear letter reiterating your apologies and your willingness to pay. State your diagnoses, and explain that this would make a court appearance challenging. Attach a doctor's letter supporting this. Offer to pay them the fare plus any costs.

Because of the previous penalty fares, they may still reject this. However, given your diagnoses, it is worth trying if this hasn't clearly been raised with them.
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