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Witness statement letter

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nobleman

Member
Joined
7 Nov 2023
Messages
5
Location
gillingham Kent
Hello guys,
I have received a witness statement since 7th of November and I’ve been waiting for the letter.
How long would it take to arrive?

You see I may be relocating from that address next year,how do I keep them informed of my new address so it doesn’t seem as though I have neglected the letter?
Do I need to call and inform them once I’m no longer living here?
I do not want any criminal records or court cases.

Please advice me.
 
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WesternLancer

Established Member
Joined
12 Apr 2019
Messages
10,125
Hello guys,
I have received a witness statement since 7th of November and I’ve been waiting for the letter.
How long would it take to arrive?

You see I may be relocating from that address next year,how do I keep them informed of my new address so it doesn’t seem as though I have neglected the letter?
Do I need to call and inform them once I’m no longer living here?
I do not want any criminal records or court cases.

Please advice me.

If you are moving address you should set up a redirect with Royal Mail to prevent you missing post that is important (and this would be v important to be sure to get) - see how to do this here - you should set it up ahead of your move - this is explained on their site - so that it comes into force on the date you move address


If you don't want to do it on line you can fill in the forms on paper at a Post Office.

Also - will help people offer advice if you can give the sort of details listed here:

 
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nobleman

Member
Joined
7 Nov 2023
Messages
5
Location
gillingham Kent
Hello Team,
I have now received the letter and I’m asked to reply within 14days.
Please I need the best advice on how to reply this letter
This trip was on 7th November Woolwich to Gillingham Kent.
I was stopped at Chatham
I booked a 16-17 ticket instead of a 16-25 ticket.
The officer approached me and took my details,I wasn’t clearly communicated about the penalty fare and I was booked in for prosecution.
The truth is I did this to save cost and that was the second time.i totally regret my action.
Where do I go from here?
I want to avoid any court cases and its implication on my DBS.
 

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Hadders

Veteran Member
Associate Staff
Senior Fares Advisor
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15,952
I suggest sending a short, concise reply mentioning the following points:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

Southeastern are usually prepared to offer an out of court settlement to people who co-operate with them and who haven't come to their attention before. We cannot guarantee that you will be offered a settlement, Southeastern are within their rights to prosecute you in the Magistrates Court should they wish to do so. If you are offered a settlement it tends to cost around £150 plus the outstanding fare. Paying a settlement might feel like a fine but technically it isn't - only a court can impose a fine as a punishemnt upon conviction and you won't have a criminal record as a result of paying a settlement.

One final point, although you have done this before the letter only asks about the specific incident on 7th November so I would confine your answer to that specific incident and not mention other occasions where this had happened. While it is important that you tell the truth in your reply you are not required to incriminate yourself either.

If you post a copy of your proposed reply in this thread forum members will be happy to proof read it for you.
 

nobleman

Member
Joined
7 Nov 2023
Messages
5
Location
gillingham Kent
I suggest sending a short, concise reply mentioning the following points:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

Southeastern are usually prepared to offer an out of court settlement to people who co-operate with them and who haven't come to their attention before. We cannot guarantee that you will be offered a settlement, Southeastern are within their rights to prosecute you in the Magistrates Court should they wish to do so. If you are offered a settlement it tends to cost around £150 plus the outstanding fare. Paying a settlement might feel like a fine but technically it isn't - only a court can impose a fine as a punishemnt upon conviction and you won't have a criminal record as a result of paying a settlement.

One final point, although you have done this before the letter only asks about the specific incident on 7th November so I would confine your answer to that specific incident and not mention other occasions where this had happened. While it is important that you tell the truth in your reply you are not required to incriminate yourself either.

If you post a copy of your proposed reply in this thread forum members will be happy to proof read it for you.
Okay thank you so much.
This has been helpful.
I only mentioned the second incident here because I heard they do check your train booking records to confirm such,don’t know how true that is.
But thanks again, will post my letter on this thread for helpful proof read before submitting.

Okay thank you so much.
This has been helpful.
I only mentioned the second incident here because I heard they do check your train booking records to confirm such,don’t know how true that is.
But thanks again, will post my letter on this thread for helpful proof read before submitting.
One more thing, am I expected to reply the letter on the back of this notice or I can use a separate sheet, type and submit?
 

Titfield

Established Member
Joined
26 Jun 2013
Messages
2,721
Okay thank you so much.
This has been helpful.
I only mentioned the second incident here because I heard they do check your train booking records to confirm such,don’t know how true that is.
But thanks again, will post my letter on this thread for helpful proof read before submitting.


One more thing, am I expected to reply the letter on the back of this notice or I can use a separate sheet, type and submit?

Yes you can type a separate reply on a sheet of paper but please ensure the reply contains all the reference details (name address case reference number date of incident) so that it is correctly assigned to your case file. Also make sure that on the back of the notice you write clearly Please see enclosed response.

It is up to you whether you attach (staple) your response to the original notice. Most correspondence is now scanned on arrival so it would be separated from the original notice anyway.
 

nobleman

Member
Joined
7 Nov 2023
Messages
5
Location
gillingham Kent
Thanks so much…

Here is a copy of my intended reply…

Does it need adjusting? I’m open to suggestions on what’s best.

Thanks again

Yes you can type a separate reply on a sheet of paper but please ensure the reply contains all the reference details (name address case reference number date of incident) so that it is correctly assigned to your case file. Also make sure that on the back of the notice you write clearly Please see enclosed response.

It is up to you whether you attach (staple) your response to the original notice. Most correspondence is now scanned on arrival so it would be separated from the original notice anyway.
Please see my intended reply above

Again, when I was approached I had told the officer that it was a mistake and she wrote something down…

Would it be an issue of contrast reports? She writing it was a mistake and me owning up to doing it for real.
Just saying…..
 

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Hadders

Veteran Member
Associate Staff
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Joined
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This isn't too bad but I suggest a few amendments:

2nd paragraph I wouldn't refer to what you diud as gross misconduct. An error of judgement is a better way to describe it.
3rd paragraph - say the officer asked to see your ticket rather than demanded it. The officer didn't ask you if you could pay a fine, it was a Penalty Fare.
Scrap everything after 'I am pleading for an opportunity...' and say something like

'I was wondering if it would be possible to settle this matter without needing to to resort to court action. I would be willing to pay your administrative costs in dealing with this matter in addition to the outstanding fare. Once again, I am very sorry for the inconvenience caused by my actions. Please let me know if you require any further information from me.

Yours sincerely,'
 

nobleman

Member
Joined
7 Nov 2023
Messages
5
Location
gillingham Kent
This isn't too bad but I suggest a few amendments:

2nd paragraph I wouldn't refer to what you diud as gross misconduct. An error of judgement is a better way to describe it.
3rd paragraph - say the officer asked to see your ticket rather than demanded it. The officer didn't ask you if you could pay a fine, it was a Penalty Fare.
Scrap everything after 'I am pleading for an opportunity...' and say something like

'I was wondering if it would be possible to settle this matter without needing to to resort to court action. I would be willing to pay your administrative costs in dealing with this matter in addition to the outstanding fare. Once again, I am very sorry for the inconvenience caused by my actions. Please let me know if you require any further information from me.

Yours sincerely,'
Okay thank you so much will do just that
 
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