Wouldn't be the first time - ask any of the guards on the forum.
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Court Summons next month
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And I thought it was me being naïve... How could anyone pretend to be asleep for 2 hours, maybe more without opening their eyes or 'appearing' to wake up
Llanigraham
On Moderation
The quoted posting from me was about CCTV imagery.
Your above comment is about a different matter and again is not correct.
TBH for someone about to be taken to court your naivety is shocking.
But if youre suggesting imagery of me being asleep, then surely it would see what else happened given that I was not taken to a more private place to discuss the matter?
Agreed... I was naïve on the day... I don't deny that!
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Please, stop this. CCTV is a complete and total red herring. I can pretty much guarantee that the CCTV of the day in question was deleted months ago. The only reason it would have been kept is if it supports XC's case.
For what little it's worth the defendant is not obliged to appear in person at a Magistrates Court hearing and can have a solicitor appear on his behalf.
Why would you be taken to "a more private place to discuss the matter". It was a fare irregularity not a medical consultation!
The Guard/ Train Manager/ RPO (or whatever he was) has got other work to do other than deal with your complex back story!
So surely they would have kept it then?
Only if there was something on it that helped their case (and defeats yours) and they felt that they needed to keep it.
Llanigraham
On Moderation
Not what I suggested!
I suggested to others (and you) that if you wanted to use the CCTV images as a defense then that should have been requested within the time limits. They weren't, therefore it is a pointless thing to raise and does not help the discussion.
The Prosecution will not be using it; they don't need to as they have all the evidence they require from their staff.
If he is cautioning me for an offence, he has to do so in a private place, not in the carriage. It says so on XC's Policy of prosecutions... That's why he said to me "I'm giving you this 'No Ticket?' card because I didn't want my actions to be seen as harassment! Had he have done what he was meant to do, he would have had no reason to feel it was harassing
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They're on here Dave
Just had a ski, through and can find nothing on there that states it will happen in a private place and not in the carriage - which is where most of XC ticket irrgularities will be discovered by them seeing as they dont run or manage any stations
https://www.crosscountrytrains.co.uk/customer-service/no-ticket/prosecutions-policy
To prove that I was asleep? Could I not then argue that perhaps that's why they weren't kept, because it didn't help them, and it showed that I was in fact asleep?
Llanigraham
On Moderation
But the Bench do not have to accept the Third Party and can insist on the Defendant being present.
--- old post above --- --- new post below ---
Why?
They do not need it, it wouldn't show anything that is material to your case, and they have all the evidence they require from their own staff.
(As has already been said!!)
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You are joking, aren't you?
Unlikely.
No.
No.
(CCTV might be able to prove that you were awake; unlikely to be able to prove you were asleep.)
(God, I regret mentioning CCTV in the first place
).I fear he isn't.
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There is no way CCTV could prove you were asleep. Please stop clutching at straws.
I swear I read somewhere that if someone is being cautioned that it must be done privately to align with either PACE or Data Protection Act
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In the email I received from XC "An MG11 is a witness statement taken when a person has been cautioned for an offence".
221129
Established Member
Hahaha No. Of course you can be cautioned in the open! The DPA would not come anywhere close to covering it! Why would it?!
DaveNewcastle
Established Member
Would someone on here please call me to wake me up from this nightmare fantasy world? Please!
Sorry Dave I think it may carry on for some time yet.
Well we're already through the 200 posts mark!
Llanigraham
On Moderation
Which section of PACE does it state that?
DPA has nothing to do with this.
Stop clutching at straws!!
Your mate in Sheffield phoned you, but the ringtone didn't wake you.
(Sorry, couldn't resist)
Llanigraham
On Moderation
No Dave, you have to suffer like the rest of us!
iPod in... Maybe my phone was on silent - I don't remember
My comment was in response to DaveNewcastle (and deeply off-topic), but are you now saying you had your iPod in during your journey?
Yes, when the ticket inspector walked passed me he said after he woke me (by nudging me on the shoulder) that he tried asking me for a ticket several times... obviously I did not hear him because I was asleep and had my earphones in. I wrote this in my first letter also.
Edit: hence why he had to nudge me to wake me up!
I don't see why this is relevant though...
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This is a classic fare-dodger tactic.
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