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Being taken to court

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DaveNewcastle

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If this case goes to court and the court finds in the OP's favour does that not give carte blanche to anyone with a restricted ticket to catch any train they like and then claim they were given permission?
No. The Court down the road would be quite at liberty to decide differently then next day.

This is true.

. . .


Cynical? Maybe but probably true
It is not. If the Magistrates find against Lauravox then it has no bearing at all on other Courts, and not likely to have a significant influence on other cases in the same Court. This is just a Magistrates Court, not the Court of Appeal.
If you mean precedent in the legal sense, then no. Magistrates Court decisions don't set precedent.
They don't. And none of this speculation is assisting Lauravox.
 
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DaveNewcastle

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. . . . You may find if you defend yourself you'll be completely exonerated, on the other hand you may not and end up with a three-figure fine (I don't think you'll get a four-figure one).
While I have advised you to plead 'not guilty', I hope I made it clear that if the Company still choose that they wanted this to be decided in the Magistrates Court, then I would prefer you not to attempt to defend yourself. If you do, I and others can give practical assistance, but it's not appropriate for someone inexperienced to defend themselves against a Criminal Prosecution.

You could also try to write to one of the newspaper travel-help pages, explaining how you were told to board the train and now they are prosecuting you.
Indeed you could, and it might give you some comfort. But my view is that it is likely to distract you from the one simple fact that you need to remember, and is likely to demand your attention most at the one time that you need to summon the most concentrated mental focus on that one fact. The fact that you were given permission to board by a railway official who checked your tickets.

Media attention on you while you are attempting to defend yourself, and at the one momment when you need to be most attentive, is a bad idea.
Please don't put more demands on your valuable time and just stick to the simple strategy I've outlined.
 
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Puffing Devil

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While I have advised you to plead 'not guilty', I hope I made it clear that if the Company still choose that they wanted this to be decided in the Magistrates Court, then I would prefer you not to attempt to defend yourself. If you do, I and others can give practical assistance, but it's not appropriate for someone inexperienced to defend themselves against a Criminal Prosecution.

Completely agree. This is a time that you would benefit from some legal assistance from someone who has experience in these matters; you may even find a letter from a solicitor outlining your case makes XC reconsider.
 

rs101

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Sorry but 4 and 5 are important. Not everyone who works on the platform are persons authorised to permit travel. We do not know exactly who the OP spoke to.
We've been through this before on this Forum, several times.

And my apologies, but some of your comments about Magistrates Courts don't tally with mine as an ex Court Presenting Officer.

Simple question - how do we know which members of staff are persons authorised to permit travel?
In this case, it seems to be an employee who was by the train doors, with some sort of scanning device. That would, to me, suggest they were authorised.
 

Lauraxox

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Just a update - my friend had received a letter saying they'll settle it if she pays 130 out of court which is double the amount that was owed originally. Is this correct that they can settle it for double?
--- old post above --- --- new post below ---
It was from transport investigations that the letter was from
 

221129

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Just a update - my friend had received a letter saying they'll settle it if she pays 130 out of court which is double the amount that was owed originally. Is this correct that they can settle it for double?
--- old post above --- --- new post below ---
It was from transport investigations that the letter was from

They can settle for as much or as little as they want. You don't have to pay it and can chance court though.
 

najaB

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Just a update - my friend had received a letter saying they'll settle it if she pays 130 out of court which is double the amount that was owed originally. Is this correct that they can settle it for double?
Since it's an out of court settlement they are allowed to set the amount as high or low as they choose.

You (or your friend) are under no obligation to accept the settlement and can allow the matter to proceed to court if you prefer. You'll need to decide if you are confident that the court case would go in your favour.
 

Greenback

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I suggest that discussions that don't help and aren't relevant to the OP take place elsewhere.

I'm moving several recent posts to a new thread.
 

Lauraxox

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Thank you :) I've received the same letter so I'm going to pay it to get this over with. Don't want to risk court with there not being any cctv footage and then the fact I may get fined an even higher amount. Thank you to everyone who has contributed to this situation though! :)
 
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