Not_guilty
Member
I would like to get the views of members on whether I have been treated unfairly and whether I am likely to be prosecuted.
On Sunday, 16 March I bought a flexi season ticket from Bedford to London Thameslink starting from Monday, 17 March. It was the first time I have bought a flexi season ticket and this was purchased online through the Thameslink website. The cost was £387.80
At the time of purchase I assumed that I would be given a collection code and would need print off the ticket at the station. After completing the purchase it became clear that this was not the case. The information on screen referred me to the Thameslink app, so I downloaded the app, expecting to be able to use my ticket through the app. After downloading the app it became clear that I needed a smartcard, which I didn't have, so on the Monday morning I went to the ticket counter at Bedford station to get the smartcard that I needed to travel.
The lady at the counter explained that she would not be able to load my flexi season ticket to the card because she could only load tickets bought at the station. I said that this was not a problem because I could scan my smartcard against my phone to link the ticket to smartcard.
I scanned the smartcard against my phone and the app linked to the smartcard and displayed the smartcard number on the screen. So far so good, only it wasn't. There was no way to link the flexi season ticket that I had already purchased the night before to the smartcard. I tried several times without success, even after restarting the app and my phone.
I asked the member of staff stood at the barriers for assistance. She tried scanning the smartcard against my phone but was also unsuccessful. She said "the system must be down" and opened the barrier. I then boarded my train to London.
I got off the train at City Thameslink and when I got to the barrier I immediately asked a member of staff for assistance and started to explain what had happened.
She passed me to someone else and stated "he will be able to help you". I then explained the full story to someone that turned out to be a Fraud Officer (the only reason I know this is because it was written on the back of his jacket). I showed the Fraud Officer that I had purchased a flexi season ticket. This showed that I had purchased the ticket on Sunday, 16 March for use beginning from Monday, 17 March. I explained that the ticket wouldn't link to my smartcard and that I had been told that the system was down. The Fraud Officer confidently told me that you just need to scan the smartcard against my phone. I told him that it was not that simple, he took my phone and smartcard and was also unable to link the smartcard to my ticket.
He then began filling out a form on his electronic device. At this point I thought he was reporting the fault so that the IT glitch could be rectified. He then asked me for ID, which I provided and lots of other information including my eye colour. This is where I began to question the process. He told me that he would need to caution me. I protested my innocence and he said that it wasn't like a police caution and gave me the impression that it was something very minor and just part of the process of getting it all sorted. Later on I started to question the process because I could see the title on his electronic device said "offence details" or "details of offence" (I can't remember the exact words, but it was words to that effect). I said "hang on, no offence has been committed", but he continued to press ahead with filling out the form. The lady that I had initially approached looked very embarrassed as to what was happening, but because I am not a fare evader I naively, even at this stage, failed to grasp the gravity of the situation. The Fraud Officer then printed an orange slip and signed it. He then folded it up and handed it to me and I was allowed to exit the station. At this point I was already going to be late for work, so off I went.
During my lunchbreak I read the slip that I had been given and was mortified to find out that it was a Witness Statement saying that I may be prosecuted. I feel that the Fraud Officer took advantage of the situation. He seemed to downplay the importance of what was happening and was not really interested in the facts that I had presented to him, including showing him proof of my purchase. I believe that there must be some kind of financial incentive for him to issue Witness Statements / notices of prosecution and feel that I was treated unfairly.
I spoke to a Revenue Protection Officer at Bedford station the following day. I explained everything to him again and showed my flexi season ticket purchase and that my smartcard didn't work. He said that he thinks I will be OK, but I am worried that the prosecutions department may have a different view. I have seen some horror stories on the news recently which appear to confirm that there are some overzealous individuals churning out penalty notices for fun.
I am also concerned that the Witness Statement does not show my statement on it, so I can't be sure whether the correct information has been recorded and even so whether it had been completed in sufficient detail. The officer signed the Witness Statement, I was not asked to sign it. Is this the usual process? It seems odd to me that I don't get a copy of the information that has been taken. I am not sure whether it is my Witness Statement or his Witness Statement?
My questions to any experts in this forum are:
1) Do you think I will be prosecuted, or will the case be dropped after I explain everything to the prosecutions department?
2) Is it usual practice for the Fraud Officer to sign the Witness Statement?
Any help would be greatly appreciated.
On Sunday, 16 March I bought a flexi season ticket from Bedford to London Thameslink starting from Monday, 17 March. It was the first time I have bought a flexi season ticket and this was purchased online through the Thameslink website. The cost was £387.80
At the time of purchase I assumed that I would be given a collection code and would need print off the ticket at the station. After completing the purchase it became clear that this was not the case. The information on screen referred me to the Thameslink app, so I downloaded the app, expecting to be able to use my ticket through the app. After downloading the app it became clear that I needed a smartcard, which I didn't have, so on the Monday morning I went to the ticket counter at Bedford station to get the smartcard that I needed to travel.
The lady at the counter explained that she would not be able to load my flexi season ticket to the card because she could only load tickets bought at the station. I said that this was not a problem because I could scan my smartcard against my phone to link the ticket to smartcard.
I scanned the smartcard against my phone and the app linked to the smartcard and displayed the smartcard number on the screen. So far so good, only it wasn't. There was no way to link the flexi season ticket that I had already purchased the night before to the smartcard. I tried several times without success, even after restarting the app and my phone.
I asked the member of staff stood at the barriers for assistance. She tried scanning the smartcard against my phone but was also unsuccessful. She said "the system must be down" and opened the barrier. I then boarded my train to London.
I got off the train at City Thameslink and when I got to the barrier I immediately asked a member of staff for assistance and started to explain what had happened.
She passed me to someone else and stated "he will be able to help you". I then explained the full story to someone that turned out to be a Fraud Officer (the only reason I know this is because it was written on the back of his jacket). I showed the Fraud Officer that I had purchased a flexi season ticket. This showed that I had purchased the ticket on Sunday, 16 March for use beginning from Monday, 17 March. I explained that the ticket wouldn't link to my smartcard and that I had been told that the system was down. The Fraud Officer confidently told me that you just need to scan the smartcard against my phone. I told him that it was not that simple, he took my phone and smartcard and was also unable to link the smartcard to my ticket.
He then began filling out a form on his electronic device. At this point I thought he was reporting the fault so that the IT glitch could be rectified. He then asked me for ID, which I provided and lots of other information including my eye colour. This is where I began to question the process. He told me that he would need to caution me. I protested my innocence and he said that it wasn't like a police caution and gave me the impression that it was something very minor and just part of the process of getting it all sorted. Later on I started to question the process because I could see the title on his electronic device said "offence details" or "details of offence" (I can't remember the exact words, but it was words to that effect). I said "hang on, no offence has been committed", but he continued to press ahead with filling out the form. The lady that I had initially approached looked very embarrassed as to what was happening, but because I am not a fare evader I naively, even at this stage, failed to grasp the gravity of the situation. The Fraud Officer then printed an orange slip and signed it. He then folded it up and handed it to me and I was allowed to exit the station. At this point I was already going to be late for work, so off I went.
During my lunchbreak I read the slip that I had been given and was mortified to find out that it was a Witness Statement saying that I may be prosecuted. I feel that the Fraud Officer took advantage of the situation. He seemed to downplay the importance of what was happening and was not really interested in the facts that I had presented to him, including showing him proof of my purchase. I believe that there must be some kind of financial incentive for him to issue Witness Statements / notices of prosecution and feel that I was treated unfairly.
I spoke to a Revenue Protection Officer at Bedford station the following day. I explained everything to him again and showed my flexi season ticket purchase and that my smartcard didn't work. He said that he thinks I will be OK, but I am worried that the prosecutions department may have a different view. I have seen some horror stories on the news recently which appear to confirm that there are some overzealous individuals churning out penalty notices for fun.
I am also concerned that the Witness Statement does not show my statement on it, so I can't be sure whether the correct information has been recorded and even so whether it had been completed in sufficient detail. The officer signed the Witness Statement, I was not asked to sign it. Is this the usual process? It seems odd to me that I don't get a copy of the information that has been taken. I am not sure whether it is my Witness Statement or his Witness Statement?
My questions to any experts in this forum are:
1) Do you think I will be prosecuted, or will the case be dropped after I explain everything to the prosecutions department?
2) Is it usual practice for the Fraud Officer to sign the Witness Statement?
Any help would be greatly appreciated.
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