Tazi Hupefi
Member
You can't be cautioned AND fined, and made to pay costs. There is no cost to a conditional caution issued by the police, but it is a conviction.I came across this thread after searching for delay repay fraud solicitors. I wish I had found it earlier. I received the GA letter in early January. In my stupidity I didn’t respond naively thinking that due to the amounts they were quoting (5 claims under a fiver) that I would at least get a further follow up letter. If anyone gets a letter do not ignore it. The fact that you misunderstood the delay repay scheme (guilty of claiming for the train that was cancelled but went back to work for example or asking someone to pick you up from a station rather than wait for the next available train) is not going to be an acceptable response. If you have even one “dodgy” claim and 100 valid claims then ask GA for a settlement figure.
I have just received the letter from the BTP that another user had received and didn’t have any further correspondence from GA following the first letter. Having taken legal advice it seems that once you are at the police letter stage you are probably at best looking at a caution and a hefty fine plus of course legal costs.
DON’T IGNORE THE GA LETTER. A caution or a conviction could put you on the list of unemployed depending on your job. If nothing else I hope my post helps anyone else who doesn’t appreciate how serious this matter is.
I suspect your legal advice has been simplified to make it easy to understand, but you should research "Community Resolution" which is essentially a police led out of court settlement, which can have an element of compensation etc attached to it known as a "reperation". However you would have had to be cooperative at a police interview and essentially admit the offences, with remorse. This is not a conviction or recorded on the Police National Computer, (PNC), but is recorded on other police intelligence systems. If you need an Enhanced CRB it may well appear.
Risky really, if the police decide not to offer the resolution and prosecute instead, you'd not really be able to do much more than plead guilty, but you'd still receive full credit for your early plea and cooperation.
Community Resolution | Your Local Police | West Midlands Police
west-midlands.police.uk
See above link for a brief explanation.
Also, if you need a solicitor, don't pay for one at this stage. The Police are obliged to provide one free of charge, and they are genuinely independent. For an interview, you don't need anyone especially skilled in delay repay or fraud! Check if any of your insurance policies include "Legal Cover" for crime.
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