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Notice of Intention to Prosecute Letter

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ForTheLoveOf

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Details of the Offence

"Upon inspection ; Had entered a train for the purpose of travelling on the railway, without a ticket entitling travel"
Well, that quite clearly just isn't the case. Your ticket was valid when you boarded, end of story. I suppose you could in theory just say "take me to Court then", hoping they continue on the same flawed track and then plead "not guilty".
 
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some bloke

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Well, that quite clearly just isn't the case. Your ticket was valid when you boarded, end of story. I suppose you could in theory just say "take me to Court then", hoping they continue on the same flawed track and then plead "not guilty".

I'm not arguing with the principle, but is there a track record of taking this line in court?

An important principle "in law", perhaps, is that the fact of being right doesn't mean a particular human judge or magistrate will agree. Even if a higher court would see an argument as valid, an individual might not want to take the risk in the first place.
 

island

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I agree with ForTheLoveOf. You quite clearly had a valid ticket entitling you to travel when you boarded the train. If you feel confident enough, it should be straightforward to defend in court.
 

najaB

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I suppose you could in theory just say "take me to Court then", hoping they continue on the same flawed track and then plead "not guilty"

If you feel confident enough, it should be straightforward to defend in court
Very easy to write on a forum when it's not you facing a potential fine.

To the OP: yes, fundamentally, you have done nothing wrong but keep the risk/reward ratio in mind when deciding what to do. If I were in your position I would focus my efforts on ensuring this got nowhere near a court. I believe you have a good chance of resolving this for little more than the fare due.
 

some bloke

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it is now just a case of asking them to be lenient as going to magistrate...will affect a lot of things in my life.

If you explain what the effects might be on your life, that could help them see reasons to be lenient.
 

OFFWHITE

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.

I hope we can come to an amicable agreement and would like to offer to pay the outstanding fare and contribute to your costs in order to settle the matter without incurring additional costs or using your valuable time. I would be willing to pay any costs that has incurred in investigating this matter so far, as well as the fare due. My offer is of £200 towards this or any figure that is suitable to you. As well as the settlement, I also promise that I will always ensure I have ticket on every journey
I would again like to express my deep regret regarding this incident and feel ashamed I caused this unfortunate situation to come about, a huge lesson has been learned from this episode"
 
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some bloke

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Thank you ,how can I improve on this

"I fully understand your motivation to take this to court however I implore you to reconsider, I have never been charged with any criminal offence before and a criminal conviction would affect my career prospects.

I hope we can come to an amicable agreement and would like to offer to pay the outstanding fare and contribute to your costs in order to settle the matter without incurring additional costs or using your valuable time. I would be willing to pay any costs that has incurred in investigating this matter so far, as well as the fare due. My offer is of £200 towards this or any figure that is suitable to you. As well as the settlement, I also promise that I will always ensure I have ticket on every journey
I would again like to express my deep regret regarding this incident and feel ashamed I caused this unfortunate situation to come about, a huge lesson has been learned from this episode"
My main comment would be that even if you don't want to challenge them on the byelaw, you might still make use of or adapt the first two paragraphs of @ForTheLoveOf's draft - meaning you could include the circumstances, as well as perhaps a screenshot of the text.

However, I'm still not clear whether telling them you intended to pay on arrival might make them look on your case less favourably if you didn't subsequently do that. Perhaps they don't care as they were going to be in touch anyway.

It might be best to leave out the sentence "My offer is..". It's covered in the previous sentence, and the way it works means that offering a fixed amount such as £200 isn't really relevant - they're supposed to tell you what their costs amount to. If they would otherwise offer a settlement of far less, they might possibly wonder whether you are offering more because you are guilty of more. So you can leave the amount open.

As well as saying you've never been charged, you could say you've never done anything like this before if that's true.

If you say a few words about why a conviction would be a particular problem for you in your career, that might be useful - but best to check that what you say is accurate as it's easy to make assumptions about that.
 
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OFFWHITE

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Just to update you all ,Govia refused to settle ,they will be sending summons to attend magistrate court.Is there a way of resolving this issue at this stage ?
 

OFFWHITE

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They said in the letter,if I require any further information I shouldn’t hesitate to contact them and they provide their telephone numbers.Do you feel I should ring them and still try to settle or it’s all lost ?
 

najaB

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Just to update you all ,Govia refused to settle ,they will be sending summons to attend magistrate court.Is there a way of resolving this issue at this stage ?
It can be resolved right up until the magistrate gives his verdict. Several posters have even been able to speak to the prosecutor on the day of the hearing and agree a settlement.
 

some bloke

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You could upload the letter, and perhaps your last letter to them. Depending on what was said, someone on here may come up with something useful to point out to them.
 

OFFWHITE

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It can be resolved right up until the magistrate gives his verdict. Several posters have even been able to speak to the prosecutor on the day of the hearing and agree a settlement.
So in that case I have to wait for summons to be issued and court date to be able to speak to prosecutor.Will this become public like it will be in the newspaper if I’m asked to pay a fine.
 

OFFWHITE

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So in that case I have to wait for summons to be issued and court date to be able to speak to prosecutor.Will this become public like it will be in the newspaper if I’m asked to pay a fine.
I really don’t want my name to be in the media
 

some bloke

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It's in their interest to settle in appropriate cases, so there shouldn't usually be any problem contacting them before the summons (perhaps I should add: provided that you come up with something they'll be interested in).

One question is whether there are things you could point out that they haven't taken adequately into account.
 

OFFWHITE

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Should I employ the services of a solicitor as things stand now.It’s really getting serious now ,I don’t think I can handle the whole going to court.
 

najaB

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Should I employ the services of a solicitor as things stand now.
It's your call, but if you do then please don't waste money on a specialist railway solicitor. Any lawyer who can handle criminal cases can do the needful.
 

some bloke

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They haven’t mentioned it yet,I think I will know when I receive the summons.

You could ask them before that, especially as they said they're willing to give further information.

Does the latest letter strongly imply the allegation is as before ("entered a train for the purpose of travelling on the railway, without a ticket entitling travel", ie a byelaw offence, not dishonesty)?

If you upload the correspondence (with identifying elements removed), people may be able to spot more possibilities. Details are sometimes more important than they look.
 
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OFFWHITE

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There is not much on this letter
You could ask them before that, especially as they said they're willing to give further information.

Does the latest letter strongly imply the allegation is as before ("entered a train for the purpose of travelling on the railway, without a ticket entitling travel", ie a byelaw offence, not dishonesty)?

If you upload the correspondence (with identifying elements removed), people may be able to spot more possibilities. Details are sometimes more important than they look.


There is not much in the letter that I have received ,it only mentions their intention to proceed with prosecution and they provided two telephone number to contact if I need further information.
 

OFFWHITE

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Any advice on what I should I say on the telephone call if I do speak to the prosecution team.The implications of this going to court is huge.I was due to apply for UK citizenship next month and if found guilty this will be pushed back to 3 years.
 

OFFWHITE

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Just a quick update ,It’s Byelaw 18(1) of the Railway Bylaws 2005 so they have sent me a form to plead guilty or not guilty “Single Justice Procesure”I don’t have to appear in court.They have asked for Costa of £130 + fare also more costs if the case is not resolved by single justice procedure
 

ForTheLoveOf

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Just a quick update ,It’s Byelaw 18(1) of the Railway Bylaws 2005 so they have sent me a form to plead guilty or not guilty “Single Justice Procesure”I don’t have to appear in court.They have asked for Costa of £130 + fare also more costs if the case is not resolved by single justice procedure
The issue is this. You're not guilty of the offence they're prosecuting under - they are claiming that you boarded the train without a valid ticket. But that's simply not the case - your ticket was valid when you boarded. It simply ceased to be valid whilst you were onboard.

However, if you plead "not guilty" then you will have to attend Court to present your case, and it's quite understandable that you might not want to do this, for a variety of reasons. Not least of which, if they realise their mistake on the day they might attempt to convert their prosecution to the "correct" offence - s. 103 RCCA.

If you plead guilty with the option of not attending Court then you can't settle it out of Court any more - that option is then fully ruled out. However, if you plead "not guilty" then you can still try to negotiate with the prosecutor in the day, and from previous threads we know that this sometimes does work.

Really, it's up to you. Plead guilty to an offence you've not committed and bear an unjust penalty. Plead not guilty and bear the hassle and risk of defending the charge. Not an easy choice by any means!
 

some bloke

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Does the citizenship issue mean @OFFWHITE would be well advised to consult a solicitor?

@OFFWHITE, was there anything in the last letter you sent that was significantly different from what you've already posted here? I ask in case someone might spot something of use that you might clarify or add when asking for a settlement.
 

OFFWHITE

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D99253B4-8EEE-4747-A8A3-68204CB75C89.jpeg 478EDD6A-070D-4470-9BBB-9F2A7BE06C4D.jpeg D99253B4-8EEE-4747-A8A3-68204CB75C89.jpeg D99253B4-8EEE-4747-A8A3-68204CB75C89.jpeg I have decided to employ the services of a solicitor and see if they can act on my behalf to reach a settlement within the next 21 days before I plead guilty or not guilty.Am I right to assume that I have not been issued with summons yet as there is no date to appear in court.I am taking advantage of this bit of the letter that says I should contact them but there also say it’s too late.
 

some bloke

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I was due to apply for UK citizenship next month and if found guilty this will be pushed back to 3 years.

There might be mitigating circumstances. An application will "normally" be refused if the conviction occurred in the last 3 years - page 21:
https://www.gov.uk/government/publications/form-an-guidance
https://assets.publishing.service.g...e/794168/Guide_AN__Naturalisation_Booklet.pdf

Each case should be decided on its merits, and "may" result in refusal if conviction took place in the last 3 years - pages 9 ("Approach") and 18 ("Fines"):
https://www.gov.uk/government/publications/good-character-nationality-policy-guidance
https://assets.publishing.service.g..._data/file/770960/good-character-guidance.pdf
 

some bloke

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Other parts of the documents may be of interest as well.

The third point at the top of page 13 of the "good character" document refers to an application being normally refused if the sentence is recorded on a person's "criminal record".

As a byelaw offence is "non-recordable", it shoudn't normally appear on the "criminal record" in the sense of being recorded on the Police National Computer.
 
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