arabianights
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- 1 Jun 2011
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I know you can't give any specifics on specific cases but what sorts of things do passengers get given money for?
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Caution with pending interview from prosecution team
- Thread starter dave11
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I know you can't give any specifics on specific cases but what sorts of things do passengers get given money for?
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I don't think the 1% should cause you any more worry than you have already. They obviously reserve interviews for bigger cases and 18 months feels like a big one. The cost to the organisation of the people involved will run into £100s for just a few hours work.
Well; I'm completely in the wrong and admitted and apologised: for now little more I can do aside await interview and co-operate fully. Yes expecting admin charges to be high but I deserve that.
Thank you all for your non- judgemental advice; really appreciate it; it's causing my family and I emotional turmoil so just want to move on. Will keep you posted of course
Thank you all for your non- judgemental advice; really appreciate it; it's causing my family and I emotional turmoil so just want to move on. Will keep you posted of course
This isn't advice, and it's probably too late, but I'm not entirely sure about the policy on this site of always suggesting full and frank disclosure. (I am not suggesting lying or further fraud!)
Isn't there a risk that the OP has admitted to weeks / months of fraud in circumstances where the level of evidence available to the prosecutor would have merited a 'no comment' interview for a non-rail offence?
I guess it doesn't matter if a settlement follows, but that's quite an assumption.
Isn't there a risk that the OP has admitted to weeks / months of fraud in circumstances where the level of evidence available to the prosecutor would have merited a 'no comment' interview for a non-rail offence?
I guess it doesn't matter if a settlement follows, but that's quite an assumption.
How do you propose that the OP answered the original question "How much do you think you've saved?" without lying or committing further fraud? As soon as that question was asked it was game over as far as trying to play dumb.
Given that the TOC would have had a pretty good idea of his commuting pattern, there was the risk that had he stayed mute it would only have strengthened their case that it was pernicious and deliberate fare dodging.
Also, if someone in this position wants to maximise their chances of achieving a settlement it behoves them to be seen to be cooperative rather then obstructive to the investigators
najaB:2253855 said:
That's not right. There is no duty to respond at all* and certainly no requirement to incriminate oneself. When you see suspects no commenting on TV shows this is often on advice rather than just the suspect trying to be clever.
Your point about TOC knowledge is the crucial one. Volunteering a confession in circumstances where that evidence may not be there is not always a good idea! Offering defences or mitigation or even admissions where the evidence is there is another matter.
I take the point about settlements but have a bit of a concern where admitted behaviour amounts to repeated fraud, which is a much more serious than rail ticketing offences. Since the £40k settlement for that Cannon Street financier made such big news, I wonder if settlements for long term offending are still popular? I'm not in the loop about that though.
* (other than to confirm name and address if requested)
I agree with you for interviews being conducted under caution, but the OP wasn't undergoing a formal interview at the time, and had already given (untruthful) answers to questions at that point. The 'no comment' option only really works if you don't answer any questions at all.
He had my annual season card at time of caution; it's clear from that its more than a couple of journeys: and they can look me up quite easily to see if I have any older cards. So maybe staying shtum is best advice but I've told them the truth - and a frankly easy for them to find out
First of all good luck with interview. I suggest you prepare by making notes of what you want to say. I would point to you being a person of good character with a clean record. Quote your disciplinary proceedure for work which shows your livelihood could be at stake. Apologise for troubling the company and its employees and ask them to consider an informal out of court settlement on this occasion which will be paid promptly. If you get a bad sense of where this is going there are fare evasion solicitors and barristers who can help. They ain't cheap but preserving your good record us important. Please post how you get on.
Thank you Murray; yes I've made bullet points of events before on day and since.
I'm hoping these interviews are precisely that; an interview, discussion of events and circumstances, rather than interrogation to drive someone into doubt, confusion and self incrimination under pressure.
If any one has any experience of types of questions I'd be grateful; but ultimately if it's a why did you do it; is have to respond out of blind lapse of judgment and stupidity.
I'm hoping these interviews are precisely that; an interview, discussion of events and circumstances, rather than interrogation to drive someone into doubt, confusion and self incrimination under pressure.
If any one has any experience of types of questions I'd be grateful; but ultimately if it's a why did you do it; is have to respond out of blind lapse of judgment and stupidity.
Good advice, but for a later stage of the process. As DaveNewcastle pointed out up-thread you can't ask for a settlement to be considered before they have decided what, if any charges will be brought. (They will bring charges, either RoRA or fraud.)
The purpose of this interview is to gather all the facts that are pertinent to the case and to allow dave11 to put forward his side of the story and explain what, how and why.
DaveNewcastle
Established Member
more to the point, can't settle until they have an idea of their losses. That, and how they may be recovered will be a higher priority than any consideration of the Criminal Offence.
Yes. Facts, facts, facts.najaB said:
You must be relieved that is over. I really hope they offer you a settlement. If that is not the outcome, I would as i previously suggested consider a fare evasion solicitor. Google it and you will see there are quite a few. Most offer a free consultation prior to engagement. Keep us posted.
DaveNewcastle
Established Member
I hope that you now have some appreciation of the quantum of losses that the Company will be hoping to recover, following the information exchanged during your discussion, and that you can start planning how you pay those losses, plus the costs involved in investigating the matter (whether or not Criminal proceedings are instigated against you).
DaveNewcastle
Established Member
It was never going to be quick. Patience is necessary.
Got a call today from SWT and we have settled: whole experience totalled £4500 but I cannot express how good their team have been. Yes this is part euphoria but also genuine statement of how they handled the case: gentle none judgemental and very very fair.
Thank you all for you feedback and support! Wonderful forum and cannot emphasis that all people involved are humans; so be nice as you would hope to be treated and above all, be honest
Thank you all for you feedback and support! Wonderful forum and cannot emphasis that all people involved are humans; so be nice as you would hope to be treated and above all, be honest
Glad to hear that it has been settled and that the settlement is one you find acceptable.
Thanks for letting us know.
Dave11 - did you use a solicitor during this process or did you opt to deal with the TOC yourself?
I am in a similar situation and I am not sure whether I should get a solicitor involved.
If you have gotten as far as being invited for an interview it is advisable to have someone attend with you - a solicitor with basic criminal experience would be a good choice.
There are solicitors who specialise in this matter who not only know about the law related to transport but have built up professional knowledge of those in the prosecution team who make the decisions. I used hooper gray but I don't know if geographically this would be suitable for you. If you google rail fare evasion you will easily find a list of firms dealing with this issue. Good luck.
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