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How long until I can consider myself let-off?

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Throwaway100

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6 Jun 2021
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13
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London
Hi all,

I was "caught" over the late May bank holiday with an incorrect ticket. I was told I would receive a notice of intended prosecution in the post. I gave my correct name and address.

It's now been almost nine weeks and I've heard nothing. At what point do you think I can consider myself a very lucky girl who has escaped on this occasion?

Thanks!
 
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Haywain

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3 Feb 2013
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14,881
Papers for prosecution can be laid before the courts up to 6 months after the offence, so you’ve a while to wait yet.
 

Watershed

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Yes I am aware, but realistically they are unlikely to take it to court straight away, right?
It's not the normal 'modus operandi' for most TOCs, but they have every right to do so. Indeed it's what you'd expect them to do if they only started looking at your case just a few days or weeks before the 6 month limit, as they wouldn't have time to enter into correspondence with you.

You need to wait until 6 months have passed, plus say another month to allow for any potential summons etc. to be sent to you, to be sure you've "got away" with anything.

Even then, in theory they can take civil action against you up to 6 years later to recover the fare, but this is virtually unheard of and can probably be discounted.
 

Fawkes Cat

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8 May 2017
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2,943
Could it be longer than 6 months now due to Covid?
No - unless there's been a change to the law that none of us have picked up on. Always remembering, of course, that the six months is for charges to be laid at court: it may take a little longer for the court to advise someone that they're being prosecuted.
 

TravelDream

Member
Joined
7 Aug 2016
Messages
677
It's hardly unknown for letters to go missing in the post. My understanding is if they don't get a response from the first letter within a month or so, they send a slightly more threatening follow-up letter.
As hard as it sounds, you'll have to wait the 7+ months as stated above to be sure.
 

scrapy

Established Member
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15 Dec 2008
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2,081
If the report has been sent in by the person you spoke to, it's almost certain you will receive a letter asking you to give your side of the story. It's certainly not unusual for this to take several months. The prosecution department will then look at both reports with a fresh pair of eyes and decide firstly whether an offence has been committed, whether it is worth pursuing, if a conviction is likely given the evidence and whether it would be more appropriate to offer an out of court settlement (some people see this as a fine but technically it isn't). Only then will you know what the train company plan to do, the balls in their court.
 
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