What to write in prosecution letter-I have depression

[Nicholas smith]

Dear all,

Today I received my prosecution letter.
I suffer from depression and anxiety and have had problems finding work.
I did not pay my fair on a journey from hackbridge to Herne hill.
The inspector asked why I failed to provide my fair.
I said someone had suggested it so I decided to try.
Depression and anxiety interfere in how I behave, so I must include this in my response. Has anyone had any experience with mental health and missing a train fair?
Nick

 

[bb21]

Hi and welcome. We will try our best to help.

While I understand that it must be a stressful time for you, could you answer a few more questions please as we need to have some more details in order to help.

Firstly, can you clarify whether it is a court summons or just a letter asking you for your version of the events please? It is rare that you are prosecuted without an opportunity to give your version of the events, although it does happen if they consider that they had sufficient evidence to proceed. If you are not sure, copy the letter here (without personal details obviously) and we will be able to tell you.

Secondly, can you recall in a bit more details the exact conversation you had with the RPI please? Whatever you can remember will help.

Finally how long ago was the incident? Where were you caught? On the train, at Herne Hill? Did you have a ticket at all?

 

[Fare-Cop]

Dear all,

Today I received my prosecution letter.
I suffer from depression and anxiety and have had problems finding work.
I did not pay my fair on a journey from hackbridge to Herne hill.
The inspector asked why I failed to provide my fair.
I said someone had suggested it so I decided to try.
Depression and anxiety interfere in how I behave, so I must include this in my response. Has anyone had any experience with mental health and missing a train fair?
Nick

Nick, if Smith is your real name I would change your user-name

Secondly, as bb21 has said, it would be useful to have a little more information on what happened, but make sure you don't include information from which you can be positively identified.

Yes, I have a fair bit of experience of dealing with the issues involved in the scenario that you describe. Not as a first hand sufferer of the problem, but in assisting others.

Maybe we can find a response that will assist you.

 

[Stigy]

At this stage a bit more detail would be ideal, for example;

Were you questioned under caution? (Not a bit issue if you can't remember, but just makes for arguable better evidence for the TOC if their staff cautioned you)

Are you over eighteen?

What does the letter from the TOC say, assuming it's their first letter to you?

Did you have means to buy a ticket? If so, or even if you didn't, did you admit your intent was to avoid your fare?

These along with anything else you feel relevant, will aid us in helping you.

 

[Nicholas smith]

Hi and welcome. We will try our best to help.

While I understand that it must be a stressful time for you, could you answer a few more questions please as we need to have some more details in order to help.

Firstly, can you clarify whether it is a court summons or just a letter asking you for your version of the events please? It is rare that you are prosecuted without an opportunity to give your version of the events, although it does happen if they consider that they had sufficient evidence to proceed. If you are not sure, copy the letter here (without personal details obviously) and we will be able to tell you.

Secondly, can you recall in a bit more details the exact conversation you had with the RPI please? Whatever you can remember will help.

Finally how long ago was the incident? Where were you caught? On the train, at Herne Hill? Did you have a ticket at all?

It is a letter asking for my version of events! The exact conversation with the RPI? Fact is I panicked when I knew I had been caught. I went to the exit panicking that I had made the wrong choice, saw ticket people checking customers and walked slowly away because I knew I had done the wrong thing and became very very anxious. The RPI noticed that I had walked away and asked me for my proof of travel. I gave him my oyster card and he confirmed that I had not swiped it. The incident was on May 22nd 2013. I have until 28th June to get my letter to them. I was stupid and irresponsible but during this time of really tough financial struggle, I made a bad choice and have seen my GP for evidence that I am in psychotherapy again to help battle my sometimes very tough anxiety and depression.

I was caught leaving the station. I was open with the RPI that I what I had was wrong immediately. He told me never do it again. In my letter of response, I have apologised admitting it was a very bad thing to have done, assured them that I will never avoid paying again, that I have ongoing mental health issues and that I would be very grateful for being able to settle this away from court because the a criminal record and court appearance is very terrifying.
Writing this to you know, I am panicking like crazy.

At this stage a bit more detail would be ideal, for example;

Were you questioned under caution? (Not a bit issue if you can't remember, but just makes for arguable better evidence for the TOC if their staff cautioned you)

Are you over eighteen?

What does the letter from the TOC say, assuming it's their first letter to you?

Did you have means to buy a ticket? If so, or even if you didn't, did you admit your intent was to avoid your fare?

These along with anything else you feel relevant, will aid us in helping you.

Questioned under caution? What do you mean? I am over 18 yes...I admitted that I had not swiped my card at the station. I am panicking really badly. I fear I am going to be sent to court and / or jail.

 

[soil]

I don't think you need to panic. They will normally prefer to settle out of court, assuming you have no prior offences.

Do you have the money to pay for a settlement, of maybe around £100?

 

[Stigy]

Questioned under caution? What do you mean? I am over 18 yes...I admitted that I had not swiped my card at the station. I am panicking really badly. I fear I am going to be sent to court and / or jail.

Try not to panic.

What I meant by questioned under caution is, did the RPI state the following, or words to it's effect (You'd know if you were cautioned);

"You do not have to say anything, but it may harm your defence if you do not mention, when questioned, something you later rely on in court. Anything you do say may be given in evidence"

It's the same as when questioned by Police, or when arrested. In your case you won't have been arrested obviously, and this would have been made clear. When questioned under caution the RPI would have written down everything he asked you, and what you replied. This is admissible as evidence in court. That's not to say if he didn't caution you he can't use his notes as evidence, it just makes for much better evidence under the Police And Criminal Evidence Act (PACE).

Prison is only a possibility on subsequent offences of fare evasion (You'd only need to realistically worry if you were extremely persistent, and even then Judges/Magistrates are reluctant to pass custodial sentences as prisons are already very crowded places!).

You should reply to this letter saying you are extremely sorry and this was out of character. I advise you tell them that this was the first time you've done anything like this and will never do anything of the sort again. I'd also tell them that any conviction could affect your current of future employment. At this stage it would be wise to ask the TOC if they'd be willing to settle the matter by you covering all reasonable administration costs incurred by them (Not sure which one it is, but most are willing to settle administratively for a first offence as long as no abuse towards staff was present or there were more than one offence at the same time). You're usually looking at around the £100 mark. I wouldn't delve in to your depression and anxiety, as you don't want to be seen to be making excuses for your actions.

They don't have to accept your offer, but you'd be frankly silly not to try. You can offer to settle the matter right up to and including the court date if it got that far, but obviously the costs would be higher as the train company would have used more resources the further down the line it gets.

 

[bb21]

I would be inclined to agree with the others in saying that if you have no previous "history", then you are highly unlikely to end up in prison.

Just be honest in your letter. By all means mention your anxiety and the impact this incident has had on you, if you wish, just be aware that they might not take any notice of it, as they have probably heard it all before.

If you are lucky, they might settle for less than £100, but now that you know what it can feel like if you get caught, make sure that you don't do it again. You will be on their database so the next time you are caught, the outcome would almost certainly be worse.

 

[cuccir]

now that you know what it can feel like if you get caught, make sure that you don't do it again. You will be on their database so the next time you are caught, the outcome would almost certainly be worse.

It's all well and good saying this, but there many variations of depression in which someone's actions will not be rational at times.

I'd mention the depression, and emphasise that it is clinically diagnosed (which I'm presuming that it is). It may not have any influence on the outcome but as long as you don't over-emphasise it (ie you should still apologise and be honest in the way that you write) it shouldn't have any negative effect on the letter.

 

[thedbdiboy]

I don't normally get involved in these ticketless travel threads, but in this case I think it important to emphasise that if your depression is clinically diagnosed it is a relevant fact that will help your case, as regardless of the bye-laws, regulations and conditions in force, mental health issues are a recognised area that should warrant special consideration in all TOC revenue protection procedures.

 

[bb21]

It's all well and good saying this, but there many variations of depression in which someone's actions will not be rational at times.

I'd mention the depression, and emphasise that it is clinically diagnosed (which I'm presuming that it is). It may not have any influence on the outcome but as long as you don't over-emphasise it (ie you should still apologise and be honest in the way that you write) it shouldn't have any negative effect on the letter.

There is no mention by the OP of anything along these lines so I am not going to assume anything.

If his condition is so severe as to having such an effect on their behaviour, then it is a different kettle of fish completely.

 

[Fare-Cop]

I don't normally get involved in these ticketless travel threads, but in this case I think it important to emphasise that if your depression is clinically diagnosed it is a relevant fact that will help your case, as regardless of the bye-laws, regulations and conditions in force, mental health issues are a recognised area that should warrant special consideration in all TOC revenue protection procedures.

Exactly so.

If this is a clinically diagnosed condition perhaps your GP, or other medical practitioner who is familiar with your condition, will be prepared to provide a brief letter for you confirming how this may affect your likely reaction to what might be considered a stressful situation for you.

A copy of this letter (if available) should be submitted along with any appeal.

For those who think this is a 'get out of jail free card' for fare evaders, it is not, but the effects of genuine, medically diagnosed mental health conditions, must be given proper consideration before proceeding to further action.

 

[cuccir]

There is no mention by the OP of anything along these lines so I am not going to assume anything.

I was taking this:

Depression and anxiety interfere in how I behave,

As evidence that

his condition is so severe as to having such an effect on their behaviour

 

[Nicholas smith]

Dear all,

FCC decided not to prosecute. I do have mental health problems. I sought help to help phrase my response by email to FCC with evidence of depression.

They replied the following day.
What a horrible lesson in life to have gone through with immense anxiety but the matter is now over.
Thank you for the useful feedback.
I will never go through that again...