Desperately seeking advice - £422.15 fine

[clagmonster]

Is there anyway I could emerge from this situation WITHOUT a criminal record? I am guilty of not paying the penalty but had I received the earlier communication regarding this, it surely never would have been brought to court? to an extent, the severity of the situation has escalated for reasons beyond my control.

Two ways:
1) You reach an out of court settlement, though if offering such consider that the fare is owed, and the company's costs will be larger than at the original trial.
2) East Coast choose to prosecute under the railway byelaws rather than the regulation of railways act. It is entirely up to them which they choose to do. What was the original prosection?

If I arrange an out of court settlement with East Coast, regardless of how much it costs, will I keep my clean record?

Yes, although it will still be on (Virgin) East Coast's files, so don't do anything of the nature again.

 

[DasLunatic]

East Coast choose to prosecute under the railway byelaws rather than the regulation of railways act. It is entirely up to them which they choose to do. What was the original prosection?

How can East Coast prosecute if they don't hold the franchise anymore?

 

[island]

How can East Coast prosecute if they don't hold the franchise anymore?

Anyone can prosecute a summary offence, including you or me.

 

[talltim]

Anyone can prosecute a summary offence, including you or me.

So if I see someone breaking a prosecutable rule on the railway, I can prosecute them and then arrange an out of court settlement before it goes to court?

 

[DaveNewcastle]

How can East Coast prosecute if they don't hold the franchise anymore?

Anyone can prosecute a summary offence, including you or me.

Agreed. Any business will, at the end of a franchise, have a raft of debts and liabilities outstanding, and it would remain their duty to realise those debts and discharge those liabilities in a timely manner.

 

[Haywain]

How can East Coast prosecute if they don't hold the franchise anymore?

The franchise is still held by the same company, although the ownership of that company and the trading name have changed. Legal liabilities still lie with East Coast Main Line Company Ltd., although that company is now a subsidiary of Stagecoach.

 

[DaveNewcastle]

So if I see someone breaking a prosecutable rule on the railway, I can prosecute them and then arrange an out of court settlement before it goes to court?

What has this got to do with grecco1's request for assistance?

See the 1985 Prosecution of Offences Act Section 6 (1) :

6 Prosecutions instituted and conducted otherwise than by the Service..

(1)Subject to subsection (2) below, nothing in this Part shall preclude any person from instituting any criminal proceedings or conducting any criminal proceedings to which the Director’s duty to take over the conduct of proceedings does not apply.

(where 'Service' refers to the Crown Prosecution Service (CPS) and 'Director' refers to the Director of the CPS).

Why a person who is not a victim, is not acting on behalf of or in the interests of a victim, or not acting to prevent someone becoming a victim, would bring forward a Prosecution would require some good explanations. Why a criminal would agree to a settlement with such an uninvolved person would require even better explaining.

If you were to take payment from the criminal in the manner in which you've described here, you would almost definitely be culpable an offence yourself.

For the benefit of grecco1, I can confirm that this question has nothing at all to do with your journey from Leeds with East Coast and the hearing in the Magistrates Court.