Concerned about criminal charges for not having a train ticket

[LibertyCap89]

Today I got stopped upon exiting my train by the ticket wardens who check our tickets, I had forgotten to get a ticket for no other reason than being stressed and as I suffer from anxiety my brain seems to have ‘foggy days’, anyway, this is the 2nd time in a year I’ve forgotten and last time I got a penalty which I paid promptly.

This time the officer read out my rights and that anything I say may be used in court, he took a statement down and made me sign it, I stated it was not intentional and that I had previous days tickets on hand to prove it was a one off mistake, I apologised and said I have means to pay any penalty or fine.

He called to ID check me and because I had a previous fine on record he decided not to fine me and said “this is not looking good, you’ll get a letter in the post” then walked away. I asked what happens now, do I pay a penalty? He said “just read the letter”.

So I then google as to what the letter may say and am pretty shaken to see it could land me a court summon and criminal record. I work in finance and am literally in the middle of a job change to work with charities to build knowledge to one day setup my own charity to help others with mental health issues, and now it could all go to ****.

Is there any advice here at all that can help? I don’t keep my train tickets (apart from ones that week), and I usually pay cash for my fares (a few on card in emergencies).

I’m thinking of writing a letter to SWR apologising for the one off error and that I wish to pay for any penalty and time I’ve wasted, it is not my wish to prolong a court case for this small error. Is this advisable?

I purchased a ticket right away after and a season ticket this week will be bought so I don’t make the mistake again.

Would really be appreciative for some advice as to the best way to resolve, or at least minimise the damage to the life.

 

[najaB]

So I then google as to what the letter may say and am pretty shaken to see it could land me a court summon and criminal record. I work in finance and am literally in the middle of a job change to work with charities to build knowledge to one day setup my own charity to help others with mental health issues, and now it could all go to ****.

It *could* lead to a court summons and a criminal record, but it's much more likely that it will lead to either a rather hefty settlement (c. £150) or a court summons for a non-recordable offence (violation of the Railway Byelaws).

In the worst case, a conviction for the recordable offence (violation of the Regulation of Railways Act), it would be considered spent after 12 months and wouldn't have to be declared in most cases.*

I’m thinking of writing a letter to SWR apologising for the one off error and that I wish to pay for any penalty and time I’ve wasted, it is not my wish to prolong a court case for this small error. Is this advisable?

Other than the fact that this is your second 'one-off' error, yes that is the best course of action.

*If you are going to work with vulnerable people then you may have to take an enhanced disclosure. The spent conviction would show up, but practically speaking, a conviction for a minor ticketing offence is hardly likely to raise any red flags as long as you are honest about it.

 

[LibertyCap89]

It *could* lead to a court summons and a criminal record, but it's much more likely that it will lead to either a rather hefty settlement (c. £150) or a court summons for a non-recordable offence (violation of the Railway Byelaws).

In the worst case, a conviction for the recordable offence (violation of the Regulation of Railways Act), it would be considered spent after 12 months and wouldn't have to be declared in most cases.*
Other than the fact that this is your second 'one-off' error, yes that is the best course of action.

*If you are going to work with vulnerable people then you may have to take an enhanced disclosure. The spent conviction would show up, but practically speaking, a conviction for a minor ticketing offence is hardly likely to raise any red flags as long as you are honest about it.

Thanks for the advice and input. Would the best place to write to be SWR themselves? I can only really find a Freeport address which I hope they'll divert to the relevant departments.

Yes the 'one-off' in my post was a figure of speech I forgot to correct it on my read through. I'd be more than happy to pay the £150, I'm fine with financial penalties if the result is my own fault, it's just the label of having a criminal record which bugs me completely.

 

[mikeg]

First of all try not to stress too much. What's done is done. I would advise against contacting South Western until they contact you. They will likely ask you for your version of the events. It is not unheard of for train companies to also offer a settlement straight away however they will likely want to see your reply first.

When you get the letter reply with honesty but leave out anything irrelevant or that could be seen as making excuses. Be apologetic and reassure them you won't do it again and offer to pay the full fare plus any costs incurred. But most importantly wait for the letter. A criminal record is not a certainty at this point as even if they do take the matter to court they could choose to send the non recordable byelaws.

Most importantly however wait for the letter to arrive as contacting them first will only draw the matter to their attention. They have six months to lay information before the courts but most people seem to receive the letter in about a month.

 

[najaB]

Thanks for the advice and input. Would the best place to write to be SWR themselves? I can only really find a Freeport address which I hope they'll divert to the relevant departments

Apologies, I didn't make myself as clear as I should have. As @mikeg correctly says you should write in reply to their letter, not in advance of it.

 

[Spurs]

Is your anxiety formally diagnosed? It may be worth asking your GP if they could provide you with a letter stating this and that it can cause forgetfulness/the "foggy days" you describe.

 

[cuccir]

A practical point: in the event that this does go to court, it's unlikely to be within the next 6 months: 9-12 is more plausible.

So if you're changing jobs NOW then you wouldn't have to mention this. You may have to declare it to an employer once hired (check your contract!) but you may be in a stronger position if you're already there and doing a good job!