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notice to prosecute....carnet ticket

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Stigy

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The Nursing and Midwifery Council have higher standards than a CRB check, though. I've seen unfortunate Facebook rants see people get disciplined by them. I don't say that to scare the OP.
They'll use enhanced DBS checks. The only checks more advanced than this is one carried out by Police etc and even then they're using the PNC to check for criminal records so a Byelaw still wouldn't show up. This vetting is usually used for police officers and staff and also contains financial vetting. I have to fill these firms in every couple of years in my job and they check your family background, financial history as well as any links to political parties etc.
 
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Haywain

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From what I am aware, FCC uses the CUBIC FASTis ticketing system. I have read (on CAG) that all tickets the details on the magnetic strip are stored on the CUBIC backend software and this information can be extracted into an Excel file and filters (such as numerical order) added to search for a specific ticket. When a ticket goes through a gate, apparently the data held on the magnetic strip is changed to indicate so.

Interestingly, there was a Freedom of Information request made to Tfl a few years back about what data was contained held on a ticket. They were able to legally withhold some information since releasing it would make it possible for people to alter the magnetic strip, so it does seem to have a use of some sort.

From what others have said since the RPI in this case altered the OPs ticket, FCC don't have the strongest case, thought I'd post the above to try and clarify what I said earlier.
The software will retain a certain amount of information when a ticket is used in the barrier. However, it will not be anywhere near enough to identify which ticket was used. Apart from anything else, the ticket number is not encoded on the magnetic strip.
 
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fowler9

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They'll use enhanced DBS checks. The only checks more advanced than this is one carried out by Police etc and even then they're using the PNC to check for criminal records so a Byelaw still wouldn't show up. This vetting is usually used for police officers and staff and also contains financial vetting. I have to fill these firms in every couple of years in my job and they check your family background, financial history as well as any links to political parties etc.

Same in our place. Pretty strict on security but a train ticket offence won't loose you your job. Not to make light of bunking on. I'd be surprised if someone wasn't allowed to practice as a midwife because of that.Our security is tighter and I know it wouldn't be an issue, not from anything I have done by the way.
 

Stigy

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Same in our place. Pretty strict on security but a train ticket offence won't loose you your job. Not to make light of bunking on. I'd be surprised if someone wasn't allowed to practice as a midwife because of that.Our security is tighter and I know it wouldn't be an issue, not from anything I have done by the way.
Don't get me wrong, s5 RRA offences do show up and can affect your job. It's just Byelaws that don't. We had somebody fail vetting for this. To be honest it's more the integrity of her not declaring it when asked that was the issue, but the guidance notes do advise that such convictions may bar you from appointment.
 

Tetchytyke

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I'd be surprised if someone wasn't allowed to practice as a midwife because of that.

It's professionalism and honesty. Dishonesty offences are taken seriously. It's arguable whether a Byelaws offence is a dishonesty offence, as it is strict liability, but one needs to be careful. RoRA offences probably are. Accusing someone of racism without due cause would certainly be something that can affect your professional standing.

I work in a University with a large Midwifery programme, and I've seen students be declared unfit to practise after unfortunate Facebook slanging matches, never mind a criminal offence.
 

fowler9

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It's professionalism and honesty. Dishonesty offences are taken seriously. It's arguable whether a Byelaws offence is a dishonesty offence, as it is strict liability, but one needs to be careful. RoRA offences probably are. Accusing someone of racism without due cause would certainly be something that can affect your professional standing.

I work in a University with a large Midwifery programme, and I've seen students be declared unfit to practise after unfortunate Facebook slanging matches, never mind a criminal offence.

Absolutely mate. I didn't mean to say it's nothing and don't worry about it and apologise if it came across like that. More that when applying or what have you you should be honest about your past, it doesn't necessarily mean you won't get a/the job.
 

island

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Indeed. Not declaring a conviction that turns up on your record is likely to be a bigger deal than having one and declaring it.
 

Greenback

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Indeed. Not declaring a conviction that turns up on your record is likely to be a bigger deal than having one and declaring it.

That's right. I know several people who have bene honest from the start of the recruitment process, and, as their DBS check has come back with only the offence they have mentioned and nothing else, it has not prevented them gaining employment.

Of course, that very much depends on the nature of the offence as well, but in my experience those who do not mention even a very trivial offence tend not to be taken on, due to the prospect of further dishonesty of 'forgetfulness'.
 

455driver

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Of course, that very much depends on the nature of the offence as well, but in my experience those who do not mention even a very trivial offence tend not to be taken on, due to the prospect of further dishonesty of 'forgetfulness'.

There does seem to be a lot of 'forgetfulness' on this part of the forum! ;)
 

6Gman

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Indeed. Not declaring a conviction that turns up on your record is likely to be a bigger deal than having one and declaring it.

Quite. I had enhanced screening for Royal Train work and ticked yes to one of the questions [not relating to criminality!! :D]. Nothing more was said, but I was told that if I'd ticked no and the matter had emerged I would have been in trouble.
 

bexylos

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Thank you guys for all your messages, advice and wisdom.
Just to clear a few things up...
I did not accuse the guard of being racist. I asked him if he 'was' racist... as I said, I felt victimised and couldn't think of any other reason as to why he was picking on me. It may surprise you to know the guard was of asian origin. Anyone can be racist no matter what race they are from. But like I said I did not accuse him, I asked him, and as I said before, I regret it. It was not abusive language. I did raise my voice when demanding my ticket back but I never once swore or used offensive language. I have been accused of :
'Using threatening, absusive, obscene or offensive language'
'entering a train for the purpose of travelling without a ticket entitling travel'

The pen I used was actually one I have used on numerous occasions, and been checked by guards with no problems. I have however had problems in the past when using a biro which tends to scratch the shiny surface of the ticket and can look as though it has been tampered with. I thought the rollerball was better solution but alas not on this occasion.
Well, I have decided to write the letter, keeping it as factual as possible and not using emotive language. I still think the inspector and the cop were bang out of order and I will get a solicitor if necessary.
I will let you know how it all goes. I have worked for the NHS now for 14 years with exemplary references. Fingers crossed this matter will not mar anything I have worked hard to achieve.

Thanks again
 

cjmillsnun

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Whilst we do have to take on board what the OP is saying surrounding the situation I must point out here - If True. Remember the OP had already at that point asked the RPI if they were racist. This in itself is inexcusible behaviour. This isnt some Ali G show here you know and will have exscalated the situation further than it should have gone.

Now whilst I agree the RPI should not automatically go round rubbing the dates to see if the wrong pen is used - maybe the RPI saw something wrong with the ticket and then rubbed it to show more of what they thought was there.

Lots of emotive words used by the OP especially when the Police officer had the 'cruelty' to inform them of the gravity of the situation. This never helps.


OP what exactly does the letter say that you are being prosecuted under?

What was said to the RPI should not have ANY bearing on their behaviour. They have a job to do and they were not doing it properly.

That said, the OP didn't act properly but that's a public order offence rather than anything else.
 

jon0844

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Why is it surprising that he was of Asian origin?

And demanding a ticket back, that always remains the property of the railway, could be seen as aggression - especially if you made any attempt to actually get it back.

But I do agree about the pen and problems writing on the ticket.
 

WillPS

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Again, I'd emphasise it's probably important that it's made clear that this forum is for advice against ticketing issues, and accusations of abusive behaviour towards staff are probably best separated off entirely so we give our best advice in the area we actually have the knowledge. That's me attempting to be pragmatic rather than apologetic/sympathetic on that particular issue.
 

richw

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'Using threatening, absusive, obscene or offensive language'

The key for a successful prosecution will be witnesses or recordings for this offence. The RPI's word against the OP word would not be sufficient for a successful prosecution alone as I understand.
The use of offensive language is subjective and down to interpretation, something that may innocently offend 1% of the population would not cause offence to the other 99% of the population for example.
 

TonyR

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But I do agree about the pen and problems writing on the ticket.

I use FCC Carnets a fair amount and have not yet found a biro that will leave ink on the shiny surface of the boxes. Whenever one has been inspected the RPI has accepted that they can clearly see the date indented into the surface but its not good having boxes that need to be filled in but cannot be written in. If the OP wishes to challenge FCC I am happy to supply them with a batch of indentation dated carnets to demonstrate the point that they are very hard to date with a permanent marker.
 

island

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If the OP wishes to challenge FCC I am happy to supply them with a batch of indentation dated carnets to demonstrate the point that they are very hard to date with a permanent marker.

If a permanent marker doesn't work what on earth should you use?
 

WillPS

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It's high time something was done about this. Why can't FCC print some boxes on the back of their stock or something?
 

Ediswan

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Why not just print '"Write date on rear of ticket" or something similar on the front ? No need for any special printing on the rear.

The only systems that really work are those where 1-31, JAN-DEC and the years are all printed and then either punched out or scratched off to show a single date. (Neither would be easy to apply here.)
 

WillPS

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And better still they leave no mark on the surface when you clean it off with an alcohol swab later in the day ;)

If they're the ones we used on the deli counter at Sainsburys to write the use by dates on the labels (and they look like it!) then an eraser pen is available widely.

Not certain this is stuff we should be putting out.
 

Yew

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A few years ago there was a case with a sharpie where the nib wasnt intact, this made the ticket appear to be tampered with.
 

34D

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The key for a successful prosecution will be witnesses or recordings for this offence. The RPI's word against the OP word would not be sufficient for a successful prosecution alone as I understand.
The use of offensive language is subjective and down to interpretation, something that may innocently offend 1% of the population would not cause offence to the other 99% of the population for example.

Hmmm, I'm not sure that you are right here.

I wouldn't be surprised if the oral evidence from an RPI _would_ be sufficient. Anyone?
 

richw

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Hmmm, I'm not sure that you are right here.

I wouldn't be surprised if the oral evidence from an RPI _would_ be sufficient. Anyone?

My assumption was based on that a single police officers word, without back up is insufficient in court, so highly unlikely an RPI without a back up will be sufficient.
Although were BTP in attendance when said offence occurred,if so this will be the witness
 

34D

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My assumption was based on that a single police officers word, without back up is insufficient in court, so highly unlikely an RPI without a back up will be sufficient.
Although were BTP in attendance when said offence occurred,if so this will be the witness

This is incorrect. People can be (and have been) convicted for speeding based on oral testimony from a police constable alone - ie no camera records.
 
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