Being prosecuted

[Lordywhatamess]

Hi there,
Hoping for some assistance.
Several months ago I was on my way home from London on a route that I use several times a week, ie Moorgate to welwyn. Due to the fact I only commute 2-3 days a week I use the carnet system which offers me good value and flexibility.

I was journeying home from Moorgate, filled out my carnet as usual, showed it to the inspector whom let me through the gate and entered the train. Little did I know I’d completed my damn carnet incorrectly with the right day but the incorrect month, ie I wrote March instead of April, but this went unnoticed by the inspector.

Several stops from Moorgate an inspector asked me for my ticket which I kindly gave to him. He then bought the error to my attention and told me my ticket was invalid but refused to believe my story.

I felt pretty aggrieved by the situation having been accused of fair evading and refused to pay the fine on the basis that I would like to appeal the process.

I then received an ‘intent to prosecute’ letter with no ability of an option to pay the fine. I wrote my story down as an appeal requesting some leniency based on the situation.

Less than a week later I received a letter saying my appeal had been not accepted and that I would be prosecuted. A week later I received a court summons.

At no point in any of the above steps have I had an option to pay a fine aside from the date of the actual incident which seems ridiculous.

Whilst I appreciate by the letter of the law, I was in the wrong, I feel like no consideration has been given to the fact that i made an honest mistake. Despite this if I’d been given an option to subsequently pay I small fine, I would of course just taken it to resolve the issue!

Now I’m facing a rediculous court summons for the sake of a 20 odd quid fine.

What the hell should I do?

 

[Darandio]

It was never a fine, only a court can impose that. I assume the £20 charge was a Penalty Fare which is consideration for the fact you made an honest mistake. Had you accepted and paid this at the time, nothing further would have happened.

 

[Lordywhatamess]

It was never a fine, only a court can impose that. I assume the £20 charge was a Penalty Fare which is consideration for the fact you made an honest mistake. Had you accepted and paid this at the time, nothing further would have happened.

Yes I appreciate that is indeed the case and in hindsite, irrespective of the situation I would and should have paid the penalty fare.

That unfortunately isn’t the current situation so I’m kindly seeking guidance on how I should proceed without either A; being the recipient of a massive fine or B; being the recipient of a criminal record!

 

[6Gman]

It would be helpful to know whether the letter states what legislation they are using to prosecute. A charge under the Regulation of Railways act would be more serious than one under the railway byelaws. Does the letter give any indication?

 

[some bloke]

If you upload the correspondence with identifying details removed, people on here can see what the allegation is and what you might improve in a further communication.

The fact that you've been sent a summons doesn't necessarily mean they won't settle. It may even be possible, if all else fails, to agree a settlement with the prosecutor if you turn up early at court.

 

[Lordywhatamess]

As regards further info around the charge;

‘’That you on the ***upon inspection at ****, had entered a train for the purpose of travelling on the railway, without a ticket entitling travel.

Contrary to byelaw 18(1) of the railway bylaws 2005, made under section 219 of the transport act 2000 by the strategic rail authority and confirmed under schedule 20 of the transport act 2000, as amended by section 47 of the railways act 2005’

Could anyone please advise how I got about requesting an out of court settlement? Despite not particularly feeling this is at all fair I really can’t spare the time or stress associated with a court visit.

Any further advice much appreciated.

 

[cuccir]

The good news for you is that the legislation they are prosecuting you under - the Byelaws - is relatively minor. If found guilty, it is not 'recordable', which means it won't appear on DBS checks in the future. You'd have to declare it for 12 months when asked about unspent convictions, and that's it then done. The fine would be relatively minor.

The bad news for you is that you are guilty of it. This legislation makes it illegal to board a train without a valid ticket, regardless of whether you intended to do so or not. So the fact that it was a mistake is immateiral to your guilt (think of it like speeding - if you're doing 36 in a 30 then it's illegal whether or not you were deliberately speeding or just hadn't noticed).

If you want an out of court settlement, then you need to write to the train company requesting one. Explain that it was an error and apologise for not taking sufficient care, and that you'd like to avoid court, and would happily pay for the fare due plus any costs incurred in investigating the matter.

 

[cuccir]

Despite not particularly feeling this is at all fair I really can’t spare the time or stress associated with a court visit.

Frankly, you could just not show up. Unless there's something we've not been told, you'll be found guilty whether or not you're there. You'd reduce your fine by showing up and pleading guilty, however.

 

[Llanigraham]

Frankly, you could just not show up. Unless there's something we've not been told, you'll be found guilty whether or not you're there. You'd reduce your fine by showing up and pleading guilty, however.

Far better, if you cannot face your day in Court but still wish to plead guilty, is to write to the Court explaining the facts, succinctly, and show some remorse. They will also ask you to provide evidence of your income to set the level of any fine if found guilty; not communicating with them they will presume an income level.

 

[Lordywhatamess]

I am slightly skeptical around Carnets and the way ticket inspectors are so militant around their proper use. Almost feels like a car park fine type scam specifically geared toward generating more revenue for the company.

Anyways, my letter to the rail company was successful and I was granted an out of court settlement. Whilst somewhat steep it’s better than pleading guilty.

Thanks for all advice around this topic, most appreciated.

 

[najaB]

I am slightly skeptical around Carnets and the way ticket inspectors are so militant around their proper use. Almost feels like a car park fine type scam specifically geared toward generating more revenue for the company.

They're strict about the proper use because they're so open to abuse. The sooner they move away from paper tickets that you date yourself the better.

Anyways, my letter to the rail company was successful and I was granted an out of court settlement. Whilst somewhat steep it’s better than pleading guilty.

I'm genuinely glad to hear that. Thanks for the update.

 

[Lordywhatamess]

Thanks NajaB, yes totally agree!!