Help understanding

[Imadumbass]

Hi!
I’m a 2nd year Uni student and got caught fare evading- I understand what I did was wrong and my mental health has never been worse. Cost of living has been rough on my family and my student finance has gone to helping my parents pay bills which is why I resorted to using my brother’s oyster. Since getting caught I’ve gotten a job to pay for my fine and so that I can now pay the full price of my day to day travels. I know I’m an awful person for doing what I did but I’m looking for some advice.

Upon reading the letter I have zero idea what any of it means and was hoping someone could please explain it to me?
Is it possible for me to pay this outside of court without getting a criminal conviction? I’m currently applying for university work placements and I feel as though this will lower my chances of getting accepted.
I’m happy to pay my fine, I just don’t want this on any sort of record.

Thank you

 

[UserM]

Hi!
I’m a 2nd year Uni student and got caught fare evading- I understand what I did was wrong and my mental health has never been worse. Cost of living has been rough on my family and my student finance has gone to helping my parents pay bills which is why I resorted to using my brother’s oyster. Since getting caught I’ve gotten a job to pay for my fine and so that I can now pay the full price of my day to day travels. I know I’m an awful person for doing what I did but I’m looking for some advice.

Upon reading the letter I have zero idea what any of it means and was hoping someone could please explain it to me?
Is it possible for me to pay this outside of court without getting a criminal conviction? I’m currently applying for university work placements and I feel as though this will lower my chances of getting accepted.
I’m happy to pay my fine, I just don’t want this on any sort of record.

Thank you

I would suggest immediately deleting the post and redacting personal details, such as case number and your date of birth. Then post again.

 

[Hadders]

Welcome to the forum.

The case reference number is visible on the attachment you have uploaded so I recommend you redact it.

Is this the first letter you have received about this? What you have got here is a court summons saying you have to attend the court. An option further down which you haven’t uploaded will probably give you the option to plead guilty without having to attend court.

If you plead guilty (or found guilty by the court) you will have to pay a fine, court costs, compensation and a victim surcharge which will be several hundred pounds in total. One piece of better news is that you are being prosecuted under the TfL Byelaws which means the although you will be convicted of a crime it isn’t normally recorded on the Police National Computer and won’t normally show on criminal records checks.

 

[spag23]

Is this the first letter you have received about this?

And is the OP confident that any previous correspondence would have reached them? eg could it have gone to a previous address, and not been forwarded? Or delivered to a shared dwelling's letterbox?

 

[WesternLancer]

Hi!
I’m a 2nd year Uni student and got caught fare evading- I understand what I did was wrong and my mental health has never been worse. Cost of living has been rough on my family and my student finance has gone to helping my parents pay bills which is why I resorted to using my brother’s oyster. Since getting caught I’ve gotten a job to pay for my fine and so that I can now pay the full price of my day to day travels. I know I’m an awful person for doing what I did but I’m looking for some advice.

Upon reading the letter I have zero idea what any of it means and was hoping someone could please explain it to me?
Is it possible for me to pay this outside of court without getting a criminal conviction? I’m currently applying for university work placements and I feel as though this will lower my chances of getting accepted.
I’m happy to pay my fine, I just don’t want this on any sort of record.

Thank you

Hi - I suggest you also go ASAP and also seek advice form your university Student Union advice service - they may be able to help you understand this and minimise impact of this or also perhaps have access to some free legal help even that you could make use of. The Student Union will speak to you confidentially about this so you should not worry about impact on your course - not that you will be the first student to have faced this issue anyway.

 

[Imadumbass]

Welcome to the forum.

The case reference number is visible on the attachment you have uploaded so I recommend you redact it.

Is this the first letter you have received about this? What you have got here is a court summons saying you have to attend the court. An option further down which you haven’t uploaded will probably give you the option to plead guilty without having to attend court.

If you plead guilty (or found guilty by the court) you will have to pay a fine, court costs, compensation and a victim surcharge which will be several hundred pounds in total. One piece of better news is that you are being prosecuted under the TfL Byelaws which means the although you will be convicted of a crime it isn’t normally recorded on the Police National Computer and won’t normally show on criminal records checks.

I’m so sorry I didn’t realise the case number was visible and couldn’t access my account.

I’m not sure if I have to pay £289.50 or £375 or is it both? I’ve attached the images again with all my details covered

== Doublepost prevention - post automatically merged: 14 Feb 2023 ==

And is the OP confident that any previous correspondence would have reached them? eg could it have gone to a previous address, and not been forwarded? Or delivered to a shared dwelling's letterbox?

Nope not the first letter, I first received one back in December asking me to explain my reasoning and this is the 2nd letter I’ve gotten

== Doublepost prevention - post automatically merged: 14 Feb 2023 ==

Welcome to the forum.

The case reference number is visible on the attachment you have uploaded so I recommend you redact it.

Is this the first letter you have received about this? What you have got here is a court summons saying you have to attend the court. An option further down which you haven’t uploaded will probably give you the option to plead guilty without having to attend court.

If you plead guilty (or found guilty by the court) you will have to pay a fine, court costs, compensation and a victim surcharge which will be several hundred pounds in total. One piece of better news is that you are being prosecuted under the TfL Byelaws which means the although you will be convicted of a crime it isn’t normally recorded on the Police National Computer and won’t normally show on criminal records checks.

I don’t believe I have the option to plead guilty without having to attend court

 

[spag23]

Nope not the first letter, I first received one back in December asking me to explain my reasoning and this is the 2nd letter I’ve gotten

Sorry if I've missed something, but has the OP previously mentioned this first letter? And did the OP reply to it? If it was ignored (unwise), this would account for the issuing of the Court Summons.

 

[30907]

I’m not sure if I have to pay £289.50 or £375 or is it both?

I don’t believe I have the option to plead guilty without having to attend court

That's right: you have been charged with one offence, for which you will receive a means-tested fine (assuming you plead guilty) plus an amount for court costs.
You are being given the opportunity to admit to a large number of other offences for which TfL will ask for £289.50 compensation but NOT prosecute you.
That's why you need to attend court.

I can't find the figure of £375.

I am afraid it is unlikely that TfL will agree to a settlement but you can but ask!

There should be somewhere in the papers you have received a notice saying what offence they are actually prosecuting you for. If it is under their Byelaws for travelling without a valid ticket, then the good news is that a conviction is "non-recordable" so you don't get a "criminal record." Perhaps you could check?

 

[Puffing Devil]

I think we're missing another piece of the document jigsaw - the postal requisition that details the charges and may also contain the breakdown of the £375. I suspect this will be costs and compensation sought by TFL for the single offence.

In respect of the one offence you are being charged with, the court would generally look at your record, the nature and severity of the offence and any other factors. For a first Railway Fare offence, you could expect to be fined between 50-100% of your weekly income, plus costs, plus compensation of the fare avoided, plus victim surcharge.

As a student without a regular income, your fine for a single offence would most likely be based on an assumed income of £120/week. 50% of that is £60, and you get a 1/3 discount for a guilty plea, giving a fine of £40. Costs would be per the TFL Requisition, as would the compensation. The victim surcharge is 40% of the fine, £16.

The complicating factor here is a large number of other offences. By asking for them to be "Taken Into Consideration", you agree for you to be sentenced for them with the original offence, with a lighter punishment, rather than facing prosecution for each one. There's a saving of time and money on both sides here. You could refuse, and then TFL would most likely prosecute you for each one resulting in more costs and more fines. It is infrequent for someone to refuse an offer of a TIC for offences that they have committed.

Looking at the example above, the court may decide on a more significant fine, say 100-150% of income. It may also decide that a community penalty - such as unpaid work - would be a more suitable punishment. You still get the Guilty Plea discount and the victim surcharge. There would be additional compensation to pay of £289.50 for all the other offences.

While it may sound expensive, as described, there is no potential for this matter to get anywhere near a prison sentence. You can ask for time to pay and come to an arrangement weekly or monthly with the fines officer.

One quirk of TIC offences - you must attend court for the plea and sentencing in person.

 

[island]

It may also decide that a community penalty - such as unpaid work - would be a more suitable punishment.

Forgive me but I don't believe a community order may be made when an offender is being sentenced for a non-imprisonable offence, see section 202 of the Sentencing Act 2020. TfL almost invariably charges under its byelaws made pursuant to paragraph 26 of schedule 11 to the Greater London Authority Act, and under sub-paragraph (3) of the foregoing breaches of the byelaws are punishable only by a fine not exceeding level 3 on the standard scale (currently £1,000).

 

[Hadders]

Based on the paperwork you have uploaded you must appear at the Magistrates Court on 16th March.

If you plead guilty you can expect to pay:

A fine based on your income (you need to fill in the Statement of Financial Circumstances otherwise the court will assume you have an average income and set the amount of fine based on this). A guilty plea will normally see a reduction in the amount of the fine
Compensation of £289.50 to Transport for London
Court costs (I can't see £375 on the paperwork you've uploaded but I wonder if this is the court costs they are seeking?)
A Victim Surcharge (which is 40% of the fine value)

This is going to be expensiive and you're unlikely to get much change out of £1,000.

If you plead not guilty then a new date will be set for a trial in the Magistrates Court. If you are found guilty following the trial (which you almost certainly will be) then all of the above applies but the fine and court costs will likely be higher.

Being convicted of an offence by a court will result in a criminal record. We need to know the exact offence you are being charged with to be able to advise on the impact of that record. if you are being prosecuted under the TfL Bylaws then the details won't normally show on a DBS check.

 

[Puffing Devil]

Forgive me but I don't believe a community order may be made when an offender is being sentenced for a non-imprisonable offence, see section 202 of the Sentencing Act 2020. TfL almost invariably charges under its byelaws made pursuant to paragraph 26 of schedule 11 to the Greater London Authority Act, and under sub-paragraph (3) of the foregoing breaches of the byelaws are punishable only by a fine not exceeding level 3 on the standard scale (currently £1,000).

Completely correct. As we're still missing the full requisition, we don't know if it's a byelaw offence or Regulations of Railways Act.

 

[Imadumbass]

I think we're missing another piece of the document jigsaw - the postal requisition that details the charges and may also contain the breakdown of the £375. I suspect this will be costs and compensation sought by TFL for the single offence.

In respect of the one offence you are being charged with, the court would generally look at your record, the nature and severity of the offence and any other factors. For a first Railway Fare offence, you could expect to be fined between 50-100% of your weekly income, plus costs, plus compensation of the fare avoided, plus victim surcharge.

As a student without a regular income, your fine for a single offence would most likely be based on an assumed income of £120/week. 50% of that is £60, and you get a 1/3 discount for a guilty plea, giving a fine of £40. Costs would be per the TFL Requisition, as would the compensation. The victim surcharge is 40% of the fine, £16.

The complicating factor here is a large number of other offences. By asking for them to be "Taken Into Consideration", you agree for you to be sentenced for them with the original offence, with a lighter punishment, rather than facing prosecution for each one. There's a saving of time and money on both sides here. You could refuse, and then TFL would most likely prosecute you for each one resulting in more costs and more fines. It is infrequent for someone to refuse an offer of a TIC for offences that they have committed.

Looking at the example above, the court may decide on a more significant fine, say 100-150% of income. It may also decide that a community penalty - such as unpaid work - would be a more suitable punishment. You still get the Guilty Plea discount and the victim surcharge. There would be additional compensation to pay of £289.50 for all the other offences.

While it may sound expensive, as described, there is no potential for this matter to get anywhere near a prison sentence. You can ask for time to pay and come to an arrangement weekly or monthly with the fines officer.

One quirk of TIC offences - you must attend court for the plea and sentencing in person.

I've just added the requisiton! I completely forgot to include it the first time

== Doublepost prevention - post automatically merged: 18 Feb 2023 ==

Completely correct. As we're still missing the full requisition, we don't know if it's a byelaw offence or Regulations of Railways Act.

I've just added in the requisition!

== Doublepost prevention - post automatically merged: 18 Feb 2023 ==

That's right: you have been charged with one offence, for which you will receive a means-tested fine (assuming you plead guilty) plus an amount for court costs.
You are being given the opportunity to admit to a large number of other offences for which TfL will ask for £289.50 compensation but NOT prosecute you.
That's why you need to attend court.

I can't find the figure of £375.

I am afraid it is unlikely that TfL will agree to a settlement but you can but ask!

There should be somewhere in the papers you have received a notice saying what offence they are actually prosecuting you for. If it is under their Byelaws for travelling without a valid ticket, then the good news is that a conviction is "non-recordable" so you don't get a "criminal record." Perhaps you could check?

I realised I never included the £375 figure, I've uploaded the document with the figure in it now

== Doublepost prevention - post automatically merged: 18 Feb 2023 ==

Based on the paperwork you have uploaded you must appear at the Magistrates Court on 16th March.

If you plead guilty you can expect to pay:

A fine based on your income (you need to fill in the Statement of Financial Circumstances otherwise the court will assume you have an average income and set the amount of fine based on this). A guilty plea will normally see a reduction in the amount of the fine
Compensation of £289.50 to Transport for London
Court costs (I can't see £375 on the paperwork you've uploaded but I wonder if this is the court costs they are seeking?)
A Victim Surcharge (which is 40% of the fine value)

This is going to be expensiive and you're unlikely to get much change out of £1,000.

If you plead not guilty then a new date will be set for a trial in the Magistrates Court. If you are found guilty following the trial (which you almost certainly will be) then all of the above applies but the fine and court costs will likely be higher.

Being convicted of an offence by a court will result in a criminal record. We need to know the exact offence you are being charged with to be able to advise on the impact of that record. if you are being prosecuted under the TfL Bylaws then the details won't normally show on a DBS check.

Thank you so much for your reply! I've now uploaded the page that shows the offence I'm being charged with

 

[island]

Okay, so £375 is the costs and it's a non-recordable, non-imprisonable byelaw offence.

This is liable to be expensive for you, but is unlikely to have a further impact.

 

[Puffing Devil]

As a financial penalty is the only option you'll be looking at the following

Fine: I'm going to guess that the bench may go from a Band A to a Band C Fine with the TOCs This would be 150% of your assumed weekly income of £120, less 1/3 for a guilty plea, bringing it back to £120.
Costs: £375
Compensation: £3.90 + £289.50 for the TICs
Victim Surcharge: 40% of the fine, £48.

It's going to be an expensive trip. Be careful when completing the income form that you will have been sent - make sure you don't mix annual student income and weekly work income (if you have any, you must declare it) to inflate the weekly figure. If you need help with the form, the court staff should help.

That you should be able to argue for a repayment rate of £5/week based on your low income. Any fine should be cleared in a year and compensation in 3 years, in line with the guidelines.