British Transport Police - caution or interview under caution? Confused!

[WesternLancer]

Just had a read, thank you. Summaries it perfectly. I will try and put my anxiety at bay and really hope for the best. Thank you for being so kind and not judgmental. I appreciate it. You’re a kind person. I am too, I feel like I had to add that!

also, out of interest, who are you all? As in is this your job? Or can’t you say? Just curious as you’re all so knowledgable.

For me, I'm not employed on the railway (but was once, briefly and a long time ago now). Take a personal interest in rail fares and related info (originally to seek best value ways of getting about as I prefer it to driving). Used to do a job that involved advising people, helping them when they faced problems (advice centre type work). Not done that for some time but felt knowledge gained could be of some people to sort of posts that appear on here. Posts on here in a voluntary capacity, based on nothing more than informed knowledge.

 

[island]

we don't know if the BTP are 'dealing with it' or the TOC - the BTP officer may have just been present at the interview the OP had from what we know (or may not even have been a BTP officer). That will become apparent when the OP receives correspondence, no point in unnecessarily worrying the OP about that at this stage.

I am also not altogether sure that the BTP are involved at all.

 

[SillyTraveller]

For me, I'm not employed on the railway (but was once, briefly and a long time ago now). Take a personal interest in rail fares and related info (originally to seek best value ways of getting about as I prefer it to driving). Used to do a job that involved advising people, helping them when they faced problems (advice centre type work). Not done that for some time but felt knowledge gained could be of some people to sort of posts that appear on here. Posts on here in a voluntary capacity, based on nothing more than informed knowledge.

Interesting. Well thank you for your help and words. I don’t mind getting the train either, I drove to work for a bit during the pandemic & I found that it wasn’t as relaxing as driving. Although getting in your car at the end of the day is also nice!

 

[Tazi Hupefi]

Thank you so much. Your words have really settled me. I have been crying all night and all morning and been having panic attacks on and off. I don’t want people to make me feel better, i know I’ve done wrong but I also feel worse when I read about awful things.

I think I’ve totally added confusion to this whole post. Sorry. Thanks for this. Maybe that’s who he was then as everything he said seemed to sound like he was employed by southeastern. The paperwork also indicates this. He was also able to log onto his colleague’s iPad thing and print something, not sure if the police would have the same system as such. Maybe I’m overthinking that.

Ok fine - I’m pretty sure the police aren’t involved and you’ve gotten a bit mixed up on the spot.

This is a pretty standard chain of events now then.

You get a letter in a few weeks asking for your version of events.

You reply apologetically and respond honestly. Don’t put any excuses etc in, or mention anyone else. I wouldn’t mention your profession in case they see it as leverage to extract more cash, given the consequences of a conviction.

You receive a big bill for all your fares avoided (probably at the most expensive rate), plus a hefty admin fee.

Pay in full ASAP.

Case closed.

Start to finish could take up to 6 months, but probably more like 2.

You’d need to be whiter than white for the next few years on the railway, as I doubt you’d get a second settlement.

 

[Islineclear3_1]

And perhaps consider a season ticket

I'm confident now this won't get anywhere near a misconduct case with the NMC

 

[SillyTraveller]

Ok fine - I’m pretty sure the police aren’t involved and you’ve gotten a bit mixed up on the spot.

This is a pretty standard chain of events now then.

You get a letter in a few weeks asking for your version of events.

You reply apologetically and respond honestly. Don’t put any excuses etc in, or mention anyone else. I wouldn’t mention your profession in case they see it as leverage to extract more cash, given the consequences of a conviction.

You receive a big bill for all your fares avoided (probably at the most expensive rate), plus a hefty admin fee.

Pay in full ASAP.

Case closed.

Start to finish could take up to 6 months, but probably more like 2.

You’d need to be whiter than white for the next few years on the railway, as I doubt you’d get a second settlement.

Yes I think (& hope) I’ve got mixed up. I’m not used to this criminal process. The only witness statement I’ve ever given is when I’ve been hit at work by a patient! I do think they know I’m a nurse already as the officer knew so he may have written that. I’ve already calculated what I owe on a spreadsheet so it hopefully won’t be too surprising. Hopefully not a huge fine, but I guess it teaches me a lesson doesn’t it.

Does it still go down as a criminal record if I pay the fine? I know others have said that due to the length of time they may still take me to court?

Also yes, I will clearly never be doing such a thing again. I don’t know what came over me. Before this happened I was scared to get on a train if I couldn’t buy a ticket and actually emailed them years ago saying my ticket machine was always out of order & how do I get a ticket to travel so I don’t get into trouble.

And perhaps consider a season ticket

I'm confident now this won't get anywhere near a misconduct case with the NMC

A season ticket works out more expensive for me as I don’t go in 5 days a week. I have heard about the new flexi season though so they encouraged me to ask about this, next time I will.
I hope not, I will still tell them anyway as I think these things are better in the open.

 

[Fawkes Cat]

Does it still go down as a criminal record if I pay the fine? I know others have said that due to the length of time they may still take me to court?

Apologies if this looks like nit-picking, but if you and the railway agree to settle out of court it’s not a fine. And from your point of view that’s good news in that it doesn’t produce a criminal record.

If the matter does go to court and you’re convicted, then the punishment is a fine. And (broadly speaking) that is a criminal record. I say ‘broadly speaking’ as there are generally differences in how punishments from bye-law convictions and convictions under Acts of Parliament are treated - but, as I understand it, for your profession these differences (in the Rehabilitation of Offenders Act) don’t apply and should your employer or regulator ask about convictions you will have to mention all of them, including bye-law convictions but not an out-of-court settlement.

 

[WesternLancer]

Yes I think (& hope) I’ve got mixed up. I’m not used to this criminal process. The only witness statement I’ve ever given is when I’ve been hit at work by a patient! I do think they know I’m a nurse already as the officer knew so he may have written that. I’ve already calculated what I owe on a spreadsheet so it hopefully won’t be too surprising. Hopefully not a huge fine, but I guess it teaches me a lesson doesn’t it.

Does it still go down as a criminal record if I pay the fine? I know others have said that due to the length of time they may still take me to court?

Also yes, I will clearly never be doing such a thing again. I don’t know what came over me. Before this happened I was scared to get on a train if I couldn’t buy a ticket and actually emailed them years ago saying my ticket machine was always out of order & how do I get a ticket to travel so I don’t get into trouble.

And perhaps consider a season ticket

A season ticket works out more expensive for me as I don’t go in 5 days a week. I have heard about the new flexi season though so they encouraged me to ask about this, next time I will.
I hope not, I will still tell them anyway as I think these things are better in the open.

Yes, as @Fawkes Cat says if they agree to settle with you it won't be a 'fine' but you will, going from other cases on here be asked to pay (hopefully, as that will avoid court):

- a sum for the cost of their admin of dealing with you / this case. Maybe up to £200 perhaps
- the cost of the full train fare from your home to destination - I would expect at the Anytime / peak travel time costs to be used (not off peak fare even if your shifts were off peak for example)
- that fare multiplied by the number of days you have (already at interview or in your response later) indicated you have traveled
- they may assume you work 5 days a week and have thus evaded the correct fare for 5 days a week, you may need to be able to prove / show / state clearly when you get the chance to send your written response that you do not go in 5 days a week

BUT - you will not be a in strong position to 'negotiate' over the sum since they have evidence that would permit them to take you to court where you will be almost certainly found guilty (as you have admitted what you did) and the longer term consequences of that would be, I think, for you something you wish to avoid, and would be more costly overall I suspect.

So best to start saving as much as you can so if they ask you for a settlement offer you are able to pay it promptly and in full as advised above.

This is also why preparing your short but sincere apology and remorse letter is maybe a useful thing you can do now whilst you await them contacting you about this, since that will be your reply, essentially.

 

[SillyTraveller]

Yes, as @Fawkes Cat says if they agree to settle with you it won't be a 'fine' but you will, going from other cases on here be asked to pay (hopefully, as that will avoid court):

- a sum for the cost of their admin of dealing with you / this case. Maybe up to £200 perhaps
- the cost of the full train fare from your home to destination - I would expect at the Anytime / peak travel time costs to be used (not off peak fare even if your shifts were off peak for example)
- that fare multiplied by the number of days you have (already at interview or in your response later) indicated you have traveled
- they may assume you work 5 days a week and have thus evaded the correct fare for 5 days a week, you may need to be able to prove / show / state clearly when you get the chance to send your written response that you do not go in 5 days a week

BUT - you will not be a in strong position to 'negotiate' over the sum since they have evidence that would permit them to take you to court where you will be almost certainly found guilty (as you have admitted what you did) and the longer term consequences of that would be, I think, for you something you wish to avoid, and would be more costly overall I suspect.

So best to start saving as much as you can so if they ask you for a settlement offer you are able to pay it promptly and in full as advised above.

This is also why preparing your short but sincere apology and remorse letter is maybe a useful thing you can do now whilst you await them contacting you about this, since that will be your reply, essentially.

Thanks for this, it’s really helpful. I will get saving. I feel so stupid, and so ashamed. I just hope with everything that they let me do this as an out of court settlement. It’s taught me a lesson for sure.

 

[Tazi Hupefi]

Thanks for this, it’s really helpful. I will get saving. I feel so stupid, and so ashamed. I just hope with everything that they let me do this as an out of court settlement. It’s taught me a lesson for sure.

Just be aware that with the fares, it is unlikely to be a case of simply paying back the difference. It will be more than likely the most expensive fare for the journeys made, for example a full peak ticket for each occasion they know about. Although, Southeastern is at liberty to name whatever price they like in reality, any operator will at least try to base it on something.

Plus probably £100-£200 in administration fees, at the higher end if you've done it for a while, and there's a bit of investigation to do.

 

[SillyTraveller]

Just be aware that with the fares, it is unlikely to be a case of simply paying back the difference. It will be more than likely the most expensive fare for the journeys made, for example a full peak ticket for each occasion they know about. Although, Southeastern is at liberty to name whatever price they like in reality, any operator will at least try to base it on something.

Plus probably £100-£200 in administration fees, at the higher end if you've done it for a while, and there's a bit of investigation to do.

Yes I worked my sum out based on this rather than just the difference. It is what it is I guess isn’t it. I can send off my proof on my Trainline app which hopefully will help

 

[Tazi Hupefi]

Yes I worked my sum out based on this rather than just the difference. It is what it is I guess isn’t it. I can send off my proof on my Trainline app which hopefully will help

I wouldn't do that if you can avoid it.

See what they have on you first. Keep your powder dry so to speak.

 

[AlterEgo]

Am I right in thinking that the OP has been purchasing daily tickets rather than a season? And was caught once?

 

[SillyTraveller]

I’ll stop posting now guys. Just because I want to try and stop panicking. I think the more I post and think about it the worse I feel. Hope you understand. Thanks for all your help & ill be certain to check in when I get the letter. Thanks all.

 

[WesternLancer]

Am I right in thinking that the OP has been purchasing daily tickets rather than a season? And was caught once?

Yes, I think from what they say up thread, but a season was not helpful to the OP as they explained they do not travel to work 5 days a week.
No need for OP to be tempted to add to this as I know they wish not to get more stressed by engaging with further detail so I guess they feel they have the advice they need for now.

 

[Hadders]

Welcome to the forum!

It looks as though South Eastern are dealing with this rather than the BTP because up-thread the OP says:

The paper I have says that ‘I am employed by southeastern’ and that ‘southeastern will contact you in writing’

There is absolutely nothing you can do about this now until you receive contact from South Eastern. Many forum members have already given excellent advice on how to proceed with this. I've put below the advice I usually give to people who request our help in similar circumstances to yourself.

You will receive a letter from the train company (or an investigation company acting on their behalf) stating that they have received a report of fare evasion, are considering prosecuting you and asking for your version of events before deciding whether to proceed. It is important that engage with and reply to this letter. You might want to include the following in your reply:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

Make sure your reply is short and concise, don't give a sob story - they've heard it all before. Most train companies are usually prepared to offer an administrative settlement (commonly known as an out of court settlement) to people who engage with the process and who haven't come to their attention before. There is no guarantee of this, and the train company is within their rights to prosecute you in the magistrates court, however harsh this may seem.

It is possible that the train company will take a harsher line due to repeated instances but if you are offered a settlement the amount varies depending on the circumstances but tends to be around a hundred pounds plus the outstanding fare. An out of court settlement might appear to be a fine, but it isn't and you won't have a criminal record as a result of accepting one.

Feel free to post a copy of the letter in this thread when it arrives (with personal details redacted) along with your draft reply as there will be forum members who will be happy to proof read it.

 

[SillyTraveller]

Thanks all for the replies to this and the latest one too.

I’m sure next week will be when I receive the letter. I’ll post my reply on here, if that’s okay.

I’ve hugely beaten myself up about it all. I’ve spent days now sobbing & having panic attacks. I’ve read so many posts on here that either send me into an absolute frenzy or help settle my mind. I’ve called in sick to work for tomorrow because I haven’t been coping. I never take a sick day, even when I am sick! I feel suicidal (my other half knows & I am safe). I’ve hugely berated myself for it all & im not here to ask or gain anyone’s sympathy. I’ve done wrong & been so stupid.
I’m ashamed and angry at myself. Not because I’ve been caught out but because I’ve potentially jeopardised so much in my life & I feel terrible for the company as really they haven’t had full fares like they would from everyone for a year with the pandemic so it just seems unfair. I saw an opportunity in a really financially difficult time that my friend suggested & I think to some extent the trauma of working in the thick of the pandemic meant I’ve made the wrong decision.

I really hope that I get a good outcome, for me that would be not going to court & being able to do an out of court settlement.

I’m not sure why I’ve written this on here but I just wanted you all to know that I’m not a criminal (I can’t stand the thought of being judged). I’ve never ever broken the law, I don’t even speed in my car, I have never taken drugs. I just don’t break the law. I made a serious error of judgment that I can’t forgive myself for. I am so very scared.

I will keep you updated but I thank you all for your help.

 

[Fawkes Cat]

I’m sure next week will be when I receive the letter. I’ll post my reply on here, if that’s okay.

Try not to hold your breath on this one. Although we have seen reports here of some very prompt letters from Southeastern, it can take up to six months for them to be in touch (any longer than that and they are out of time to take you to court). So try not to let the stress build up for each day without a letter. And yes, I do know that it’s much easier for me to say this than it is for you to do it.

And there will be plenty of people happy to make suggestions as to how you should respond: just edit what you let us see so that it doesn’t reveal anything personal about you to the whole world,

 

[75A]

Thanks all for the replies to this and the latest one too.

I’m sure next week will be when I receive the letter. I’ll post my reply on here, if that’s okay.

I’ve hugely beaten myself up about it all. I’ve spent days now sobbing & having panic attacks. I’ve read so many posts on here that either send me into an absolute frenzy or help settle my mind. I’ve called in sick to work for tomorrow because I haven’t been coping. I never take a sick day, even when I am sick! I feel suicidal (my other half knows & I am safe). I’ve hugely berated myself for it all & im not here to ask or gain anyone’s sympathy. I’ve done wrong & been so stupid.
I’m ashamed and angry at myself. Not because I’ve been caught out but because I’ve potentially jeopardised so much in my life & I feel terrible for the company as really they haven’t had full fares like they would from everyone for a year with the pandemic so it just seems unfair. I saw an opportunity in a really financially difficult time that my friend suggested & I think to some extent the trauma of working in the thick of the pandemic meant I’ve made the wrong decision.

I really hope that I get a good outcome, for me that would be not going to court & being able to do an out of court settlement.

I’m not sure why I’ve written this on here but I just wanted you all to know that I’m not a criminal (I can’t stand the thought of being judged). I’ve never ever broken the law, I don’t even speed in my car, I have never taken drugs. I just don’t break the law. I made a serious error of judgment that I can’t forgive myself for. I am so very scared.

I will keep you updated but I thank you all for your help.

Got a lump in my throat after reading this. God Bless.

 

[WesternLancer]

Thanks all for the replies to this and the latest one too.

I’m sure next week will be when I receive the letter. I’ll post my reply on here, if that’s okay.

I’ve hugely beaten myself up about it all. I’ve spent days now sobbing & having panic attacks. I’ve read so many posts on here that either send me into an absolute frenzy or help settle my mind. I’ve called in sick to work for tomorrow because I haven’t been coping. I never take a sick day, even when I am sick! I feel suicidal (my other half knows & I am safe). I’ve hugely berated myself for it all & im not here to ask or gain anyone’s sympathy. I’ve done wrong & been so stupid.
I’m ashamed and angry at myself. Not because I’ve been caught out but because I’ve potentially jeopardised so much in my life & I feel terrible for the company as really they haven’t had full fares like they would from everyone for a year with the pandemic so it just seems unfair. I saw an opportunity in a really financially difficult time that my friend suggested & I think to some extent the trauma of working in the thick of the pandemic meant I’ve made the wrong decision.

I really hope that I get a good outcome, for me that would be not going to court & being able to do an out of court settlement.

I’m not sure why I’ve written this on here but I just wanted you all to know that I’m not a criminal (I can’t stand the thought of being judged). I’ve never ever broken the law, I don’t even speed in my car, I have never taken drugs. I just don’t break the law. I made a serious error of judgment that I can’t forgive myself for. I am so very scared.

I will keep you updated but I thank you all for your help.

Try not to let it worry you so much if you can (apols I know, easy for me to say). I think there is (based on watching and reading most of not all threads on this forum for some time) a very good chance of being able to settle it as you hope. And if there are people who can help you do that, at least to the next stage of your response to southeastern trains, which is the next key thing, they are on this forum.
As I say, try not to think too much about it over next period until you hear from them, if you can. Not easy I know.

 

[SillyTraveller]

Try not to let it worry you so much if you can (apols I know, easy for me to say). I think there is (based on watching and reading most of not all threads on this forum for some time) a very good chance of being able to settle it as you hope. And if there are people who can help you do that, at least to the next stage of your response to southeastern trains, which is the next key thing, they are on this forum.
As I say, try not to think too much about it over next period until you hear from them, if you can. Not easy I know.

Thank you, I’m very grateful for all the advice and help. I am holding my hands up, prepared to be fully cooperative with evidence etc, so I hope that will go in my favour. Both the inspector and the southeastern man at the gate said it will all go in my favour that I was also polite and honest and remorseful during the questioning. He said he will put that on my report and told me ironically not to read on here as it will scare me (I’m a control freak and just HAVE to know the ins and outs of what I’m facing though) & both him & the southeastern man said that there’s a chance it’ll stay out of court as it’s my first offence as such. I guess I’m worried because although that man who did it over 5 years got an out of court settlement he clearly had the money to bargain with them, which I imagine probably swayed the decision. I don’t have that sort of money. Also, because of the length of time it worries me that I won’t be able to settle.

Got a lump in my throat after reading this. God Bless.

Thank you.

Try not to hold your breath on this one. Although we have seen reports here of some very prompt letters from Southeastern, it can take up to six months for them to be in touch (any longer than that and they are out of time to take you to court). So try not to let the stress build up for each day without a letter. And yes, I do know that it’s much easier for me to say this than it is for you to do it.

And there will be plenty of people happy to make suggestions as to how you should respond: just edit what you let us see so that it doesn’t reveal anything personal about you to the whole world,

Oh ok, thank you for the heads up. So hard not to get worked up. I will do my best. Grateful for all you people, although not the reason I want to be here of course!

 

[bikesntrains77]

If a police officer interviews you under caution and you tell them why you committed the crime they’re accusing you of then…you have incriminated yourself. It’s - generally - unwise to incriminate yourself without the advice of a solicitor.

The bare minimum you can do in most circumstances is give your name and address and just leave it at that. Refusing to answer incriminating questions is a right you absolutely have and should take in almost all circumstances unless or until you get legal advice.

That's sound advice... and my biggest learning from these forums (and C4's "24 hours in police custody" show)

Whether it's a revenue inspector or the police, always be wary of saying too much, especially under caution. These officers are trained to make people feel comfortable, talk openly, get a confession and build an easy and straightforward case. The amount of evidence they have may be significantly less than you imagine so anything to avoid incrimination is crucial.

When you were were stopped did you have a valid ticket for that location, or did you show them your short fared ticket?

 

[SillyTraveller]

That's sound advice... and my biggest learning from these forums (and C4's "24 hours in police custody" show)

Whether it's a revenue inspector or the police, always be wary of saying too much, especially under caution. These officers are trained to make people feel comfortable, talk openly, get a confession and build an easy and straightforward case. The amount of evidence they have may be significantly less than you imagine so anything to avoid incrimination is crucial.

When you were were stopped did you have a valid ticket for that location, or did you show them your short fared ticket?

I guess it doesn’t make a lot of difference now as I just told them the truth. I feel like I’d rather be honest and face the (deserved) consequences of paying it back, than lie and then them find out I was lying and could therefore be in more trouble.

I had the short fared ticket on me.

 

[Tazi Hupefi]

The only thing to do when a surprise interview under caution situation arises on the railway.

1) Give your name and address, and nothing further.


2) Before they caution you, they will normally say something like "You are not under arrest and are free to leave at any time". So, as long as they have your name and address, exit the situation at this point. In the heat of the moment you may miss this key statement, but it is essential.

3) If you decide to stay, and they want to put the questions to you (perfectly acceptable)- reply "No Comment" to everything (except confirming your name and address).

The other point I will share, and it can eventually prove fatal to a commencing a criminal case, is that a court these days will almost always want a Date of Birth (and ideally a National Insurance number) before issuing a summons or approving an SJPN. However, you are not obliged to provide it to police or revenue staff, but they can ask for, and record it. I suggest you don't provide anything more than your name and address. This is because for most offences you need what's called an Arrest Summons Number (ASN) from the government agency "ACRO". They need certainty about who you are, and a name and address only is not usually sufficient. No ASN - no prosecution (except technically one isn't required for Byelaw offences).

 

[SillyTraveller]

The only thing to do when a surprise interview under caution situation arises on the railway.

1) Give your name and address, and nothing further.


2) Before they caution you, they will normally say something like "You are not under arrest and are free to leave at any time". So, as long as they have your name and address, exit the situation at this point. In the heat of the moment you may miss this key statement, but it is essential.

3) If you decide to stay, and they want to put the questions to you (perfectly acceptable)- reply "No Comment" to everything (except confirming your name and address).

The other point I will share, and it can eventually prove fatal to a commencing a criminal case, is that a court these days will almost always want a Date of Birth (and ideally a National Insurance number) before issuing a summons or approving an SJPN. However, you are not obliged to provide it to police or revenue staff, but they can ask for, and record it. I suggest you don't provide anything more than your name and address. This is because for most offences you need what's called an Arrest Summons Number (ASN) from the government agency "ACRO". They need certainty about who you are, and a name and address only is not usually sufficient. No ASN - no prosecution (except technically one isn't required for Byelaw offences).

Thank you for this information, however I’m not sure it applies to me because I didn’t do this. As mentioned above I just told the truth. They don’t have my NI number, but they do have my date of birth.

 

[Tazi Hupefi]

Thank you for this information, however I’m not sure it applies to me because I didn’t do this. As mentioned above I just told the truth. They don’t have my NI number, but they do have my date of birth.

You might find you're asked for your NI number in future correspondence. You may as well give it to them if they ask, as you've already cooperated so far.

But my post was just a general reminder for anyone facing similar circumstances in the future! Unless you have legal representation, or at least a chance to prepare and consider your approach, refuse an interview under caution or at the minimum, respond "No Comment".

 

[nanstallon]

My view is no one is going to care unless either a caution is accepted or your are convicted in a court and telling anyone has no upsides but considerable downsides
There is a possibility that the case will never be proceeded with but this matter would then be on your record with the NMC
( this is akin to a barrister who is not allowed to defend a client if the client pleads not guilty but the barrister knows the client is guilty. The barrister can suspect what ever he likes but if the client tells him they did it then it is game over )

An advocate can represent a client who has admitted guilt to the advocate, but wants to plead not guilty. In that situation, the advocate must not allow the client to give evidence, but is entitled to put the prosecution to proof of their case.

 

[SillyTraveller]

Hi all,

My husband rang SE today to see if he could get an update as my mental health is quite bad at the moment. He could not say where the process was at the moment. He said that sometimes they go straight down the magistrate route or something they will ask for your side of the story. He said that normally things go to court when there is repeated offences, or that there were factors such as violence and aggression towards the officer (which there was not & he said that my attitude and remorse would go in my favour).

He suggested writing to the address if we have not heard by week 3-4. Should I do this now to try and help the process not go to court, or still wait? He said the MG11 form is a process and that normally the police don't turn up at the door but can do. This scares me so much. He also said that it is not SE's interest to take people to court, but they can do and do but is unable to say for my case understandably. I am currently on hold to speak to a union rep.


I don't know what to do now?

 

[WesternLancer]

Hi all,

My husband rang SE today to see if he could get an update as my mental health is quite bad at the moment. He could not say where the process was at the moment. He said that sometimes they go straight down the magistrate route or something they will ask for your side of the story. He said that normally things go to court when there is repeated offences, or that there were factors such as violence and aggression towards the officer (which there was not & he said that my attitude and remorse would go in my favour).

He suggested writing to the address if we have not heard by week 3-4. Should I do this now to try and help the process not go to court, or still wait? He said the MG11 form is a process and that normally the police don't turn up at the door but can do. This scares me so much. He also said that it is not SE's interest to take people to court, but they can do and do but is unable to say for my case understandably. I am currently on hold to speak to a union rep.


I don't know what to do now?

I think you need to wait at least 4 weeks to see if you hear anything from them in writing to be honest before there is any point you writing to them. So far you have only had a week.

Obv this is not easy as it is stressing you out, but best advice I think I can give is for you to try not to think about it any more for a few weeks.

Of course the person speaking to your husband can not gaurantee it will not go direct to court, so will have to say that, but I think every chance is that they will write to you asking for your side of the story.

I too can of course never say never, but there was a thread on here a while back about cases at court for fare evasion and reported in the local paper of the area concerned with a list of the names and addresses of those being prosecuted. I searched on line for a few of the names. For each one I found they clearly were people 'well known to the courts' with frequent offences and court appearances for all sorts of things like drugs / knife crime / other fare evasion etc etc. All people who I am sure would have ignored the process and not engaged with it and then ultimately ended up in court (where they probably also did not engage / not turn up) and almost certainly then found guilty in their absence. This is so far from your circumstances as to have no comparison really.

I think you just need to wait a few more weeks.

 

[Hadders]

Hi all,

My husband rang SE today to see if he could get an update as my mental health is quite bad at the moment. He could not say where the process was at the moment. He said that sometimes they go straight down the magistrate route or something they will ask for your side of the story. He said that normally things go to court when there is repeated offences, or that there were factors such as violence and aggression towards the officer (which there was not & he said that my attitude and remorse would go in my favour).

He suggested writing to the address if we have not heard by week 3-4. Should I do this now to try and help the process not go to court, or still wait? He said the MG11 form is a process and that normally the police don't turn up at the door but can do. This scares me so much. He also said that it is not SE's interest to take people to court, but they can do and do but is unable to say for my case understandably. I am currently on hold to speak to a union rep.


I don't know what to do now?

Unfortunately the wheels move very slowly on this sort of thing.

I know it’s easy for me to say this but you need to try and forget about it for now and get on with your life. There is nothing you can do until the letter arrives.