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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69982
Experience:  Over 5 years in practice
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Advice needed concerning rail fare evasion

Resolved Question:

advice needed concerning rail fare evasion
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

How can I help with this please?

Customer: replied 11 months ago.
I hope so, can I ask, is this an interactive conversation?
Expert:  Jo C. replied 11 months ago.

Not sure what you mean?

Customer: replied 11 months ago.
Would you be able to advise me on first steps on how to deal with the threat of prosecution for rail fare evasion, for an incident which happened this morning? At the moment only revenue inspectors are involved.
I see there is an oppurtunity to call for £38, is this additional to the already agreed to for a satisfactory response?
Customer: replied 11 months ago.
already agreed £38*
Expert:  Jo C. replied 11 months ago.

Yes, I can help with this but what is your question about this?

Customer: replied 11 months ago.
My wife and I left the station not having a valid ticket and were stopped by inspectors. It had not been our intention to evade payment ultimately but we accept there is no reason for them to believe that; we made a mistake. They interviewed us separately under caution with no police present. The inspector said the course of action would be that the company (GWR) would write to us with a penalty fare and a fine, but that if we paid it we would not receive a criminal record. We both owned to the facts, though my wife admitted we might have bought a single ticket rather a return ticket. I stated I had no ultimate intention to defraud. Neither of us have ever mada a similar mistake before. During the interview I was irritable and the inspector used offensive language and said he would write a report to get me the maximum fine possible, after which I wanted to conclude things as quickly as possible and signed when perhaps I should have given more information. I was not abusive or uncooperative. He also refused to show me his ID for a second time when requestes, and he took my employer's name, which the inspector interviewing my wife did not do.
I would like to know (i) could I get a criminal record even if I do not contest the fine (ii) would I be obliged to tell my employer and could they terminate my employment if so (iii) should I complain about the treatment I received (iv) should I ask to revise my statement or obtain a solicitor. I am also concerned that the inspector could contact my employer independently.
Expert:  Jo C. replied 11 months ago.

Ok. Thanks

1] Yes, it does carry a criminal record although not a recordable one.

II] It depends on your contract with your employer and whether or not you are required to disclose.

III] Not really. There is no cause for complaint that would be upheld.

IV] No, again. If you revise your statement they will just have the point that you have changed your account. A solicitor would have been useful but it is a little late now as you have already given an explanation.

Can I clarify anything for you?

Jo

Customer: replied 11 months ago.
I am concerned, that he told me it would not carry a criminal conviction before the interview and I now find that to be untrue; also that he threatened me with pressing for the maximum fine during the interview (I also felt he was abusive and he used offensive language, which I did not); both of which may have lead to me giving information I should not and is prejudicial against the action GWR may take. Is there no legal redress against this?
I don't understand what the difference would be between a recordable and not recordable conviction.
Would I have any redress if the inspector or GWR contacted my employer directly?
Expert:  Jo C. replied 11 months ago.

No, there is no redress. These aren't grounds for a complaint.

No, they would be free to contact your employer. They won't but they could. They never do though.

Customer: replied 11 months ago.
Thank you.
Expert:  Jo C. replied 11 months ago.

No problem.

All the best.

Jo C., Barrister
Category: Law
Satisfied Customers: 69982
Experience: Over 5 years in practice
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