Worth noting perhaps that Enhanced DBS checks don't just pull from the PNC, they write to the relevant forces for the address history and ask for anything they've got that may be relevant. Though I doubt a Byelaw prosecution for non-payment of a rail fare without intent[1] would be considered "relevant"; I do know someone who got a fixed penalty . . . . .
Someone getting a fixed penalty issued by a Police officer aside, the mechanism you refer to does NOT and CANNOT capture a Railway Byelaw prosecution (as 'the relevant forces' do not have any point of contact or data with a private prosecution).
. . . should I try to settle out of court? If so, how would I go about this?
Either by writing to the Company's Prosecutions Manager or instructing a solicitor from any local law firm which specialised in Criminal Defence work to do so on your behalf. That contact should focus on your intention (to achieve a mutually satisfactory outcome), the outcome so far (anything you have learned which impacts on your future business with the Company - anything you can say you have learned - any sentiment towards the Company's predicament - etc.).
[
There are some on here who suggest that such a letter should be lengthy and detail the circumstances of the incident. I disagree. The Prosecutor in interested in the Company's exposure to risk of lost revenue, and knowing that the odd passenger detected travelling unlawfully feels remorse after the event and is concerned about their own job doesn't help. But, anything which helps to reduce the Company's exposure to risk will help (such as your learning outcomes, or even a practical offer which assists in making other passengers travelling from your local station to be more aware of the need to regularly check the validitity of their own Railcards)]
A solicitor would be very much more confident and able to make that approach by phone than you would. That's the main advantage of instructing a solicitor at this stage - they can pre-empt the worse outcomes by negotiation.
If I plead not guilty, how likely am I to get off?
Not at all without evidence. If you let it proceed to trial at which you plead Not Guilty, then you will be given another date to return for the Court to hear the full arguments from both parties. Witnesses for the Prosecution, and the witnesses for the Defence (that's you) will each present their evidence on which the claim will be decided, and with reference to the legal authorities which are included in the papers. At present, you've given me nothing which I could consider as beneficial evidence to support your claim of Not Guilty. Please correct me if there is something that would be helpful which you haven't told us.
Can anyone recommend a solicitors firm?
There are a few firms which claim to specialise in Railway Law. They are not very affordable, though some people with very substantial assets have been grateful for their ability to manipulate a hearing in the Magistrates Court to their client's advantage. You'd be committing to perhaps £4000 if your case is pursued by one of them and then fails.
But any local law firm which specialises in Criminal Defence work will be able to assist in negotiating an Out of Court settlement (even if that is in Court on the day of the hearing, in the lobby, just before the case is called!).
If the haring is not until January then there is enough time for you to approach the TOC an ask them to consider an out of court settlement.
I read
Ewokboy's request as if he had already assumed that that was true, and was asking us for assistance in
how to proceed. Have I missed something?
