Legal advice: magistrate summons FCC

[apple76]

Hi all

I have a travel fraud incident I was hoping some of you might be able to advise on.

Background is I returned from maternity leave recently, and as I work irregular days and hours started to use the carnet ticket on my FCC route, rather than season tickets (which I've used for over 2 years). One morning in June was stopped by a inspector and I had forgotten to fill in my carnet ticket which I explained at the time it was a mistake. Obviously he still cautioned me and asked me to sign it, and advised me I may be contacted by FCC.

Upon receiving the intent to prosecute letter from FCC the wording was that they intended to prosecute for 'intent to commit travel fraud'. Obviously I did not accept the charge as it was worded, and I explained my case in detail, i.e. that although my ticket was not validated on that occasion I had no intent of committing ticket fraud, that I have been a loyal commuter for over 10 years etc, however FCC wrote back to confirm they would be referring the matter to the courts.

Having received the magistrates summons, the wording of the charge is different it's 'entering a train for the purpose of travelling without a ticket entitling travel' - so different to what FCC originally advised. The charge is under 'bylaw 18(1) of the Railway Byelaws made under section 219 of the Transport Act 2000 by the strategic rail authority'

So my questions are:
- Is this a criminal charge, or a civil matter?
- Will I receive a criminal record if found guilty?
- Is it worth trying to settle this out of court, and if so how would one go about doing that?

I really appreciate any help you can give. I only just received the summons (despite the letter being dated 6 Sep) and it's in less than two weeks...

 

[transportphoto]

Hi, Welcome to the forum

We are not a legal advice centre, you need to find a solicitor. Doesn't mean we can't answer some of your questions, but we can't provide legal support.

Here is the wording of Byelaw 18 (1):

In any area not designated as a compulsory ticket area, no person shall enter
any train for the purpose of travelling on the railway unless he has with him a
valid ticket entitling him to travel.

Although it was a mistake that you forgot to date your carnet, you are guilty of breaching the bylaw, you entered a train for the purpose of travelling without a valid ticket. It is a Strict Liability offence. It is a criminal matter but it is un-recordable, it won't result in a criminal record; it may be worth trying to settle out of court, however judging by what you have said here FCC have a strong case for prosecution, so it, in their eyes, is going to be worth taking it forward. Either way, that mistake is going to cost you a lot of money. You may wish to seek a solicitor.

Sorry to put it bluntly,

TP

 

[island]

This is a criminal matter but generally is unlikely to result in a criminal record if you are convicted.

It appears they have accepted that you did not intend to avoid your fare, but it remains the case that you did not present a valid ticket. The lesser offence with which you have been charged is strict liability, meaning intent is irrelevant.

You can attempt to offer FCC a sum of money reflecting their administrative costs in the matter and the fare avoided in return for the matter benig discontinued, but you'd want to get your skates on.

 

[yorkie]

So my questions are:
- Is this a criminal charge, or a civil matter?

Welcome to the forum. It's a non-recordable criminal matter.

- Will I receive a criminal record if found guilty?

No, you shouldn't do, as it is not recordable.

- Is it worth trying to settle this out of court, and if so how would one go about doing that?

If you feel unwilling or unable to defend this case through the Courts, and you want to settle out of Court, then you can write to them offering to pay the fare due plus their costs and enquiring what those costs are.

If you cannot reach a settlement with FCC, then seek advice from a solicitor experienced in railway ticketing matters. According to an informed source, FCC do not generally expect this type of query to be robustly defended and in some cases (depending on the evidence they have) will drop the case at the last moment.

 

[apple76]

Thanks for all the replies! To clarify a non-recordable offence is akin to a speeding ticket or similar?

Would you suggest I may be better to plead guilty and pay the court charges (just over £100) than seek a solicitors help which could end up being a lot more costly?

 

[Ferret]

If you feel unwilling or unable to defend this case through the Courts, and you want to settle out of Court, then you can write to them offering to pay the fare due plus their costs and enquiring what those costs are.

If you cannot reach a settlement with FCC, then seek advice from a solicitor experienced in railway ticketing matters. According to an informed source, FCC do not generally expect this type of query to be robustly defended and in some cases (depending on the evidence they have) will drop the case at the last moment.

I doubt FCC will drop this one at the last minute - it's an easy one for them to prosecute.

 

[yorkie]

Thanks for all the replies! To clarify a non-recordable offence is akin to a speeding ticket or similar?

It's akin to being prosecuted for speeding, ie neither is recordable and they do not have to prove intent (strict liability).

Would you suggest I may be better to plead guilty and pay the court charges (just over £100) than seek a solicitors help which could end up being a lot more costly?

It is difficult to say what is "better" but it is true that it would cost a lot more to appoint a solicitor to advise and represent you in court.

I doubt FCC will drop this one at the last minute - it's an easy one for them to prosecute.

I agree, based on the information in this thread, and given that FCC have reduced the charges to one that does not require intent to be proven.

 

[island]

Thanks for all the replies! To clarify a non-recordable offence is akin to a speeding ticket or similar?

Would you suggest I may be better to plead guilty and pay the court charges (just over £100) than seek a solicitors help which could end up being a lot more costly?

Please bear in mind that any sum of money quoted as court charges on the summons is only one part of the three potential sums you will have to pay if convicted. You would also have to pay a fine (which from memory could be up to £1,000) and a victim surcharge.

 

[apple76]

Thanks all for all the advice. Will let you know how I get on.