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Trying it on ... and failing

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FenMan

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http://www.telegraph.co.uk/news/201...orced-to-pay-562-for-220-train-journey-after/

£562 for avoiding a £2.20 fare. Anyone primed with a "the dog ate my homework"- type excuse, and doesn't understand when to stop the pretense, may want to read, understand and act accordingly.

A university student has been forced to pay £562 for a £2.20 train journey after being caught using the wrong ticket.

Parys Lanlehin, 20, was found to be using a return train ticket on the wrong day - and going in the wrong direction - on June 4, 2014.

The University of Nottingham student was issued with a £20 penalty ticket on the Nottingham to Beeston train, which takes approximately five minutes, but the court heard it was never paid.

Lanlehin, who now lives in London, then signed a declaration stating she was unaware of legal proceedings taking place in Nottingham at Stratford Magistrates Court.

The student was found guilty of boarding a train without a valid ticket after she failed to attend the case at Nottingham Magistrates Court.

She was fined £220 with £300 prosecution costs and a £22 government surcharge. She was also ordered to pay the original £20 penalty.
The student was found guilty of boarding a train without a valid ticket after she failed to attend the case at Nottingham Magistrates Court

Magistrates gave Lanlehin two weeks to pay and issued a collection order, which could lead to bailiffs removing items from her home to cover the payment.
 
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jkdd77

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Whilst I have absolutely no sympathy whatsoever with this woman, I don't see why she was ordered to pay the original £20 PF, given that it must, by definition, have been cancelled in order to prosecute.

The other parts of the fine are not in question, but, surely, from the perspective of the magistrates court, the fare evaded was the full Nottingham- Beeston single fare.
 

Puffing Devil

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Whilst I have absolutely no sympathy whatsoever with this woman, I don't see why she was ordered to pay the original £20 PF, given that it must, by definition, have been cancelled in order to prosecute.

The other parts of the fine are not in question, but, surely, from the perspective of the magistrates court, the fare evaded was the full Nottingham- Beeston single fare.

(Many) Magistrates and their clerks (legal advisors) do not have an in-depth knowledge of the intricacies of railway ticketing and the associated penalty regime.

As it appears that this case was proved in the absence of the errant student, I'm pretty sure that the case presented will have gone along the lines of "She failed to pay the fare. She failed to pay the penalty fare of £20. We have decided to prosecute. if the matter is proven, please can we have costs of £300 and the PF owing?".

The magistrates and LA would not know if the PF should have been withdrawn or not and will have made the order based on the request they had in front of them.
 
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gray1404

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I wonder then if it gives ground for appeal then as the judgement was incorrect. i.e. she was ordered to pay a PF, which will have been cancelled already in order it to come to court. She should have been ordered to pay the fare due.
 

dquebec

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Surely a Penalty Fare is still a valid fare for a journey, just a higher priced one? If a court can order a defendant to pay compensation for an Anytime fare, (when at the time an Off Peak ticket would have sufficed), I see no reason why a Penalty Fare is not the fare lawfully due if the defendant has failed to meet certain obligation - and hence - the court can award the £20 compensation.
 

jkdd77

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By law, under Regulation 10 of the Penalty Fares Regulations 1994:
10.—(1) Where a person has been charged a penalty fare in respect of his failure to produce a ticket or other authority when required to do so pursuant to regulation 3, and, arising from that failure, proceedings are brought against that person in respect of any of the offences specified in paragraph (2), that person shall cease to be liable to pay the penalty fare which he has been charged, and, if he has paid it, the operator by or on whose behalf the penalty fare was charged shall be liable to repay to him an amount equal to the amount of that penalty fare.
the defendant is not liable to the PF, and so the fare evaded was the £2 anytime single.

In theory, there would be grounds for an appeal against sentence, but I doubt it is worth the hassle for the sake of £18, given that the Crown Court might well decide to increase the other elements of the sentence, particularly the prosecution costs associated with an appeal.

Even if the statutory declaration was indeed correctly made (and it is possible that the defendant moved away from her university address, as presumably given at the time, without either informing the TOC of this, or setting a mail redirection, such that she genuinely never received the summons), it illustrates that it may not be worthwhile to make such a declaration where the only realistic outcome is that the defendant ends up paying two sets of costs rather than one.
 
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najaB

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So the judgement is the decision made by the court that her behaviour was wrong. Is it the sentance which they have got wrong? Please explain.... (Thanks in advance Dave :) )
I'm not Dave, but I believe he was saying that the verdict (judgement) was correct, while the sentence (fine) which was imposed may not have been.
 

ian959

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How can the sentence be wrong? The judge can make any reasonable penalty, which in this case (perhaps because of the behaviour of the accused in not turning up) includes saying effectively "sod it, you can pay the penalty fare too." Nothing wrong with that in my view, albeit rather unusual.
 

najaB

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How can the sentence be wrong? The judge can make any reasonable penalty, which in this case (perhaps because of the behaviour of the accused in not turning up) includes saying effectively "sod it, you can pay the penalty fare too." Nothing wrong with that in my view, albeit rather unusual.
I suppose it depends on how it was worded - if they were ordered to pay £20 as the value of the now-cancelled PF then that's one thing, if they were ordered to pay the PF then it was wrong.
 

221129

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I suppose it depends on how it was worded - if they were ordered to pay £20 as the value of the now-cancelled PF then that's one thing, if they were ordered to pay the PF then it was wrong.

They aren't being ordered to pay the Penalty Fare. They are being ordered to pay compensation of £20.
 

DaveNewcastle

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So the judgement is the decision made by the court that her behaviour was wrong. Is it the sentance which they have got wrong?
How can the sentence be wrong?
I think najaB has covered the issues here. The procedure at trial is to determine whether the accused is Guilty or Not Guilty without any consideration of the possible penalty which might follow from of a finding of Guilt, and to do so only on the basis of the Evidence presented and on the authorities presented in the form of statute, common law and relevant prior judgements. That is the 'judgement', determined on the facts and the law.

Only then, and only if the finding was one of 'Guilt', will the Court move on to the question of 'sentencing', which includes fines, terms of imprisonment, and other possible orders. There are published guidelines for the 'sentences' that follow certain offences and which take account of factors in mitigation, and so it becomes possible to claim that a Court had made an error in determining the 'sentence' in any particular case. In such cases, the sentence can be Appealled (and do so without re-trying the facts of the accusation).

The Prosecution will also claim their costs after a conviction, and it is for the Court to decide whether or not to pass that full amount onto the loosing party. That decision too can be Appealled, without a re-trial of the facts.

[This is just a brief summary of the distinction and is not exhaustive].

. . . . In theory, there would be grounds for an appeal against sentence, but I doubt it is worth the hassle for the sake of £18, given that the Crown Court might well decide to increase the other elements of the sentence, particularly the prosecution costs associated with an appeal.
Yes, it's not uncommon for an accused person to Appeal against 'sentence' and then on failing, walk away with an even higher fine or term of custody.

Once the argument that a Judge or Magistrate had erred in determining a penalty is won, the Appeal Judge will then look at the sentence afresh - and will impose an alternative sentence which may be higher or lower than the original sentence.
 
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Clip

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I think najaB has covered the issues here. The procedure at trial is to determine whether the accused is Guilty or Not Guilty without any consideration of the possible penalty which might follow from of a finding of Guilt, and to do so only on the basis of the Evidence presented and on the authorities presented in the form of statute, common law and relevant prior judgements. That is the 'judgement', determined on the facts and the law.

Only then, and only if the finding was one of 'Guilt', will the Court move on to the question of 'sentencing', which includes fines, terms of imprisonment, and other possible orders. There are published guidelines for the 'sentences' that follow certain offences and which take account of factors in mitigation, and so it becomes possible to claim that a Court had made an error in determining the 'sentence' in any particular case. In such cases, the sentence can be Appealled (and do so without re-trying the facts of the accusation).

The Prosecution will also claim their costs after a conviction, and it is for the Court to decide whether or not to pass that full amount onto the loosing party. That decision too can be Appealled, without a re-trial of the facts.

[This is just a brief summary of the distinction and is not exhaustive].

Yes, it's not uncommon for an accused person to Appeal against 'sentence' and then on failing, walk away with an even higher fine or term of custody.

Once the argument that a Judge or Magistrate had erred in determining a penalty is won, the Appeal Judge will then look at the sentence afresh - and will impose an alternative sentence which may be higher or lower than the original sentence.

Thought as much Dave and thanks for the clarification - neatly summed up - one question from me though is would appealing the sentence would this act cost the guilty party anymore money to appeal(the process) adn thus with the the additional cost of appealing and the possibility of a higher sentence make it not worthwhile?
 

mbreckers

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Question kinda related...

When the court imposes a fine like this, where does the money go to? Is it to the court or to the railway company?
 

Agent_c

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Question kinda related...

When the court imposes a fine like this, where does the money go to? Is it to the court or to the railway company?

The compensation goes to the TOC, the rest I believe goes to the government (The victim surcharge I believe is then passed on by the government to various victim support charities).
 

DaveNewcastle

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. . . where does the money go to?
There are four elements to this:
The 'fine' is paid to government central funds;
'Victim Surcharge' is distributed to a small number of approved charities who work with victims and others;
'Compensation' is paid to the Train Company which is claiming it (usually the value of the unpaid fare(s) ).
'Costs' are paid to the Train Company claiming them (usually an estimate of the cost in detecting, investigating and prosecuting the Offence).

Where a Court finds a Defendant 'guilty', then the 'fine' and victim surcharge (which is just a percentage of the 'fine') are determined by reference to the Sentencing Guidelines. The award of 'compensation' and 'costs' includes a degree of discretion, and a Court will be hesitant to award costs which it finds disproportionate.
 
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