SW Trains - caught without ticket

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  • Livingthedream
    Livingthedream Posts: 2,643 Forumite
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    jessiejane1986 wrote: »
    So if the camera proves he didn't show me a badge, will that help me settle out of court?

    I'm not to sure, IIRC that's just for Penalty Fare collections but happy to be corrected on that one. But TBH I would seek proper legal advice before going down that avenue in a court of law.

    You could get some more advice from the CAG trains,Tube and Buses forum;
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  • jessiejane1986
    jessiejane1986 Posts: 15 Forumite
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    I'll look on that website now and ask. Could this be why they're sending me the form for my details?

    Also, not sure if it makes a difference, but the person questioning me was writing the questions he was asking. He didn't have a standard form, he wrote the questions and answers in a small notepad.
  • Livingthedream
    Livingthedream Posts: 2,643 Forumite
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    vax2002 wrote: »
    I can not see any other reason for asking you to provide such detailed information than someone cocked it up first time and they are hoping you drop yourself in it.

    Standard procedure for a RA1889/Byelaw prosecution, not only does it, as you so eloquently put it 'drop you in it' but it gives all the facts to TfL prosecution dept.

    Then they will this information to decide on how to proceed, word it correctly and they might decide on the out of court settlement, don't answer it and it will be the courts. Or they might think there's not enough evidence with this case and drop it, again why the reply has to be careful written.
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  • vax2002
    vax2002 Posts: 7,187 Forumite
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    Did you sign this notepad ?
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  • jessiejane1986
    jessiejane1986 Posts: 15 Forumite
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    I think I did, it went over 3 pages in or so, so my signature was at the top of one page rather than the bottom directly after the questions.

    It happened around 4 months ago now so that's why I'm unsure of all the details.
  • Stigy
    Stigy Posts: 1,581 Forumite
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    edited 4 March 2012 at 10:24PM
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    vax2002 wrote: »
    I know how i would respond, by not giving them any information which may incriminate me, but the general concession on here is if you dont drop yourself in it Robocop will come for you.
    I can not see any other reason for asking you to provide such detailed information than someone cocked it up first time and they are hoping you drop yourself in it.
    It's standard procedure for the TOC to send a letter asking for the 'customer' to verify their details, and the specifics of the day in question, and doesn't reflect the quality of evidence etc. If it is ignored, they (SWT in this case) will more often than not simply proceed to court with the info they have obtained already. Basic information asked for will certainly not drop you in it, and if there was genuinely no intent to avoid payment, telling them exactly what happened wont incriminate you anyway, but might see the TOC more like;y to be prepared to settle the matter administratively.

    To the OP, there's no obligation for staff to issue a PF, even if they believed the person had no intention to evade their fare, it's just the sensible thing to do in Byelaw breach cases. You should have been shown some form of ID, although they usually have it round their neck on a lanyard anyway, so it's often not necessary for a full introduction, unless they're not in uniform.

    Staff do sometimes fail to tell the customer what they intend to do, or tell them too much. The truth is, you should have been told that you were being reported, as they (staff) believed an offence might have been committed. No more, no less.
  • vax2002
    vax2002 Posts: 7,187 Forumite
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    Then what you signed can not be used in evidence if you signed at the top and information was written below your signature, thought they had to be some !!!! up somewhere.
    This form they have sent , does it have the word "understand" on it in some form of declaration
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  • Sgt_Pepper_2
    Sgt_Pepper_2 Posts: 3,644 Forumite
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    vax2002 wrote: »
    Then what you signed can not be used in evidence if you signed at the top and information was written below your signature, thought they had to be some

    Says who?

    What if they refused to sign, can that not be used?
  • s_b
    s_b Posts: 4,463 Forumite
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    been watching a good programme this last two weeks on bbc1?
    called the tube
    really interesting watching all the excuses for not tapping oysters
    best bit is they all get done
    me?
    i equate it to going to my local petrol station and doing a runner because my life is more important than the guy who pays for the fuel to sell to me
    ok i lie
  • jessiejane1986
    jessiejane1986 Posts: 15 Forumite
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    The questions in the pad went over about 3 pages and I signed the 3rd near the top, maybe under 1 question, so it wasn't just my signature on the page. It was just a small pocket notepad, I've seen the forms they usually have people fill in as I walk past so I imagined it really was just a warning and that I had a lucky escape.

    There wasn't anything written under my signature when I left him though, but there was space on the page. I think he did draw a line on the pad after someone else's name/address then start writing my questions/answers down...but again being 4 months ago I can't remember 100%.

    It doesn't say the word "understand" on the paper, no. Is that a good or bad thing?
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