Court summons for traveling without valid ticket.

[Tp_1972]

Hello

In May last year I travelled from Northfield to Birmingham, the train arrived when I got there and I jumped straight on. I got to New Street and queued to get my ticket, when I asked for my ticket was asked why I didn't have one and I told the attendant what had happened, that I had arrived at the station and the train arrived when I got there and I jumped straight on and thats why I was queueing to buy a ticket.

I was asked to speak to someone who fined me!! I appealed and heard nothing back until today when I received a summons for court.

What should I do? I don't want a record, I've prepared a letter explaining the events of the day including the appeal. Should I sign the not guilty bit and send it back in?

I can't make the date on the summons either.

Any advise would be great

TP

 

[bb21]

When did you travel? Was it during the day when the ticket office is open and the trains ran every 10 minutes?

If so, arriving at the station late is not an excuse not to buy a ticket. If the ticket office is open, you must buy your ticket before boarding, even if that means missing your train.

By appealing your fine, do you mean a Penalty Fare? If so, then you have no grounds for appeal that I can see. Refusing to pay it is probably the reason why you are now being prosecuted.

What legislation are you being prosecuted under?

 

[DaveNewcastle]

I can't make the date on the summons either.

You can ask for the matter to be heard on another date. If you contact the Court and provide your reason, they will probably help to to re-arrange the date. All correspondence must be sent to both the prosecution and to the Court.

I agree that we can't provide much more assistance until we are clear what offence is being prosecuted.

I wonder if any of the following are true: the fare for the journey is still unpaid; a Penalty Fare or Unpaid Fare Notice was issued; that notice also remains unpaid; the Summons states an Offence which refers to a lack of a ticket to travel and/or to intention to avoid payment.
Please advise.

 

[Tp_1972]

It was in the day on a Saturday lunch time.

Im appealing that I have received a summons after not hearing back from the people I appealed to the day after I got the fine. I didn't refuse to pay the ticket price I just appealed that I was mistaken thinking I could travel then buy the ticket.

How do I find out what legislation I'm being prosecuted under?

The small print under the charge reads:

Contrary to 18(2) of the Railway Byelaws 2005 made under section 219 of the transport authorities act 2000 by the Strategic Rail Authority and confirmed under schedule 20 of the Transport act 2000 as ammeded by section 46 of the railways act 2005.

You can ask for the matter to be heard on another date. If you contact the Court and provide your reason, they will probably help to to re-arrange the date. All correspondence must be sent to both the prosecution and to the Court.

I agree that we can't provide much more assistance until we are clear what offence is being prosecuted.

I wonder if any of the following are true: the fare for the journey is still unpaid; a Penalty Fare or Unpaid Fare Notice was issued; that notice also remains unpaid; the Summons states an Offence which refers to a lack of a ticket to travel and/or to intention to avoid payment.
Please advise.

I didn't pay for my ticket because I was in the process of buying one when I was pulled over. I was issued with a Penalty Fare which gave me details on how to appeal which I did. The summons is the first thing I have heard.

 

[mikeg]

I think you have been offered a penalty fare because Northfield ticket office was open at that time (and there are self-service machines at Northfield according to NRE) , and you should purchase your ticket at the first available opportunity. A penalty fare is not a fine, just a higher fare for those who make an honest mistake. Whether you thought you could buy a ticket at your destination is not relevant.


It appears they are planning to prosecute you under the railway byelaws, which is a strict liability offence (you didn't have a valid ticket and travelled by train, there are - more or less - no excuses). However this does not carry a criminal record, unlike the Regulation of Railways act 1889, which requires intent and carries a criminal record upon conviction. I think therefore you do not have to worry about a record, just a fine, costs and victim surcharge.

It does however seem harsh that you have appealed the penalty fare and then get this summons. The appeal, should have simply been rejected. Did you pay your penalty fare at the time?

 

[6Gman]

Hello

In May last year I travelled from Northfield to Birmingham, the train arrived when I got there and I jumped straight on. I got to New Street and queued to get my ticket, when I asked for my ticket was asked why I didn't have one and I told the attendant what had happened, that I had arrived at the station and the train arrived when I got there and I jumped straight on and thats why I was queueing to buy a ticket.

I was asked to speak to someone who fined me!! I appealed and heard nothing back until today when I received a summons for court.

Any advise would be great

TP

Did you pay the Penalty Fare at the time?

Did you send your appeal by recorded delivery/ registered mail or similar?

 

[Puffing Devil]

Do you have and proof of your appeal to the Penalty Fare? Proof of posting, even?

Hello

I can't make the date on the summons either.

What reason do you have for not attending? The courts work at their convenience, not yours. It may sound harsh, but you don't want to be upsetting the court.

 

[Tp_1972]

Did you pay the Penalty Fare at the time?

Did you send your appeal by recorded delivery/ registered mail or similar?

Hi

No I didn't pay the penalty fare because I thought it would be dealt with when the appeal was heard. And nope just normal mail.

Do you have and proof of your appeal to the Penalty Fare? Proof of posting, even?



What reason do you have for not attending? The courts work at their convenience, not yours. It may sound harsh, but you don't want to be upsetting the court.

Ive just started a new job and I work early mornings.

 

[Tp_1972]

I hardly ever use the train and when I have I've either purchased the ticket at the station or on the train.

As for paying the penalty notice where does it say you have to pay then appeal it?? That sounds ludicrous.

It was a genuine mistake and the reason I didn't follow it up is because I'd totally forgot all about it.

What I want to know is will I get a criminal record for this?

TP

 

[mikeg]

It says on the court summons they are planning to use the railway byelaws so no, you shouldn't get a criminal record for this. It may still be possible to settle this out of court though as you have received the summons it is at quite a late stage. A fares advisor will likely be happy to proofread a letter requesting such a settlement. You need to write (London Midland I presume) a sincere letter of apology, tell the truth without making excuses and promise it won't happen again, then agree to pay the fare owed and any costs they have incurred. Be warned they do not have to accept this and may choose to make an example of you in court.

 

[bb21]

I hardly ever use the train and when I have I've either purchased the ticket at the station or on the train.

As for paying the penalty notice where does it say you have to pay then appeal it?? That sounds ludicrous.

It was a genuine mistake and the reason I didn't follow it up is because I'd totally forgot all about it.

What I want to know is will I get a criminal record for this?

TP

The word you are looking for is "responsibility", for your own sake, not anyone else's. It is not rocket science that you follow matters up if you hear nothing from your appeal. Things get lost in the post. The least you need to do is make sure that things are confirmed as resolved, as I said, for your own sake.

As to whether you will get a criminal record, no, I don't think you will this time by the look of things, but a large fine is almost certain to be forthcoming if this goes to court.

 

[John @ home]

Please tell us the exact date of travel in May 2013, and also the earliest date stamped or written on the summons by the Court (that is, the date when it was "laid before the Court", not the date on which you are summoned to attend Court).

If there is a gap of more than six months, we may be able to offer assistance.

 

[Tp_1972]

Please tell us the exact date of travel in May 2013, and also the earliest date stamped or written on the summons by the Court (that is, the date when it was "laid before the Court", not the date on which you are summoned to attend Court).

If there is a gap of more than six months, we may be able to offer assistance.

May 25th 2013 was when i travelled. 19th November 2013 is the date on the summons. Why its taken 2 months to get to me is a mystery.

 

[Tp_1972]

The word you are looking for is "responsibility", for your own sake, not anyone else's. It is not rocket science that you follow matters up if you hear nothing from your appeal. Things get lost in the post. The least you need to do is make sure that things are confirmed as resolved, as I said, for your own sake.

As to whether you will get a criminal record, no, I don't think you will this time by the look of things, but a large fine is almost certain to be forthcoming if this goes to court.

I know I should have followed it up but like I said I'd forgot. I've had a lot of stuff on.

Thanks everyone for your advice so far.

 

[jon0844]

Unfortunately you don't seem to have taken this very seriously from the outset, which has then snowballed.

 

[Fare-Cop]

May 25th 2013 was when i travelled. 19th November 2013 is the date on the summons. Why its taken 2 months to get to me is a mystery.

That's just 6 days inside the time allowed to lay information before a Court and suggests to me that it is very likely there must have been some other correspondence in between, whether or not you responded to it.