Court Summons - Help Appreciated

[tinman]

I've just received a court summons for about a week's time regarding an underpaid fare

I travelled from Burnage to Manchester Piccadilly on a Saturday evening about 6 months ago. Burnage does not have a ticket machine and there was no ticket office open at that time so I boarded the train without a ticket

There is only one stop between Burnage and Piccadilly which is Mauldeth Road about a mile or 2 down from Burnage

Travelling from Burnage there is generally no option to buy a ticket on the train or when arriving at the station, they often 'do you from Mauldeth Road' if you're getting a one way which saves you a few pennies

Stupidly on the night in question I purchased a ticket at the station and I said from Mauldeth Road rather than Burnage, I was then stopped by a ticket inspector who said everyone who got on at Mauldeth Road was given a token, I panicked and stuck to my guns to say I travelled from Mauldeth Road and had my details taken

I received a letter a few months back to say I would be prosecuted and had a chance to respond before going to court

I sent a letter back confessing what I'd done and that it was a stupid mistake and apologised offering to pay any fare and penalty \ admin costs

I heard nothing back for months and have now been hit with a court summons saying they received no response from me

I'm happy to pay any fine \ costs as I accept responsibility for what I did but now even if I plead guilty I am going to be hit with a criminal record which is my worst nightmare and something that will impact my life for years to come

Has anyone had experience of an out of court settlement after being given a court date? I would do almost anything to avoid a criminal record

This is my first travel and criminal offence and the difference in fare was only 25 pence

As the contact made in response to the first letter was by post (only option) I have nothing to prove I contacted them about this

Any advice would be greatly appreciated

Thanks

 

[ainsworth74]

If your court date is only a week away I would strongly suggest you seek professional legal advice on this issue.

 

[Chapeltom]

I concur with the above, particularly as I presume you are being prosecuted under the Regulation of Railways Act which could land you with a criminal record if found guilty. Looking at the facts as you have written them, this is an open and shut case. I would also urge you to get in touch with Northern to try and arrange an out of court settlement as soon as possible, it may still be possible even now.

 

[DaveNewcastle]

Has anyone had experience of an out of court settlement after being given a court date?

Yes.

Companies very very rarely withdraw a Prosecution once a Summons has been issued, so you need to be prepared for a Court hearing, but there are steps you can take.

In the first instance, I advise trying to contact the Company's Prosecutor. I won't post his name and number on here, but it should be on the correspondence that you have. It may take a few attempts.
You must explain that you had replied with your admission and any other details about that reply.

He almost definitely won't switch to agreeing an out of Court (OOC) settlement with you there and then, but you do need to put the record straight about your reply.

Next, there will be other opportunities to offer a settlement. These will be a negotiation, and without knowing your circumstances, I can't begin to guess what might be available to offer, but by way of illustration, if a person is clearly Guilty but has no means to pay a Fine, then the Prosecution may face the alternative options of a) no significant Fine is imposed, b) the accused is discharged, c) an offer of a settlement is on the table.
If you feel confident in negotiation, then you may be able to make c) the most attractive option, if not, then a local solicitor used to Criminal Defence work will be able to do that for you, costing perhaps a few hundred pounds.

If all that fails, then it is always an option to attend the Court (with or without legal representation, depending on your experience, abilities and confidence) and negotiate a settlement on the day. It can be a very successful strategy, as the Prosecutor is being presented with 2 options: an assured offer from the accused (i.e. you), or an uncertain outcome from the Magistrates.

I would do almost anything to avoid a criminal record

Except tell the truth.
This is not a cheap jibe on an internet forum - it is exactly the view that the Prosecutor and the Magistrates will take, which is why I suggest the economic strategy of negotiation. You will be marked as a liar, your phrase 'stick to my guns' only underlines your intention to lie.

I am going to be hit with a criminal record which is my worst nightmare and something that will impact my life for years to come

Well, there's probably a lot worse that can, and will, happen - I guess you are young and haven't yet suffered much from the 'slings and arrows of outrageous fortune'.

Anyway, you had your chances to tell the truth and influence your future, and you made your choices of your own free will.
That much is apparent to the Company and will be to the Court, so really, your only options are either to accept your fate or attempt a negotiation as I've illustrated - Northern are generally open to sensible offers which truly reflect their costs, inconvenience and losses. Which brings me nicely to my last point.
I assume that you don't expect anyone to believe that there were some incredible coincidences at work that day, and that the Company's Revenue Protection operation just happened to coincide with the only time that you ever failed to buy a ticket before boarding, and the only time you lied about the station where you boarded. So perhaps there might just have been a handful of other occasions on which you failed to pay the proper fare due?
If so, then I can only advise you to make an offer which truly relects the full losses that the Company has suffered as a consequence of your dishonesty, and their efforts in attempting to trace you and others who don't pay the fare due and who tell the truth.

If you don't, then I suggest that you prepare yourself to be found Guilty.

 

[thedbdiboy]

All this to fiddle 50p on the fare! So many people assume that it' a minor demeanour, when in fact the consequences (as in this case) can be so severe.

 

[tinman]

Thanks for all the replies, I contacted the department for prosecutions unit for First Northern this morning as per the advice above

It appears they took my one of my details down incorrectly (house number) and as a result of this deemed that I had provided false information, all of the other details I had provided were correct though

Because of this they had not accepted my earlier letter apologising and offering to pay the fare plus any admin fees

After a conversation with a lady from the department of prosecutions they agreed that I had not intentionally given false information and offered me an out of court settlement which I more than happily accepted

It's cost me over £100 and a lot of stress and worry to save a few pennies on a journey so I've certainly learned my lesson and at this stage feel lucky to have escaped a criminal record due to a moment of madness

Thanks again for the advice, I am a relieved man and certainly won't be making the same stupid mistake again!

 

[MyFriendMary]

All this to fiddle 50p on the fare! So many people assume that it' a minor demeanour, when in fact the consequences (as in this case) can be so severe.

I had someone quote an incorrect station over a 10p fare which ended up snowballing into something much worse.

Anyway in the OPs case, how long has between the initial and the summons letter? Also how long between your reply and the summons?

Surely if, say, after 2-3 weeks you thought that no reply from the TOC was odd?

 

[tony6499]

Did you send the letter back to them by registered/recorded post or do you have any other proof of sending it ?

 

[DarloRich]

Tinman:

Firstly - seek professional legal help ASAP. As DaveNecastle suggests you have one real option to avoid a criminal record. Negotiate and settle. Quickly.

You can try and settle before court or “on the court steps”. Whatever you do it seems to me you MUST settle this matter as the case, prima facie, is open and shut. At court, you WILL (in all eventualities) be found guilty. That WILL (in all eventualities) earn you criminal record. Make a sensible offer and Northern will have to consider it. You will have to cover their lost time, their costs, the fare and a suitable “self punishment” payment.

If it goes to court you should prepare yourself for being found guilty.

 

[maniacmartin]

they often 'do you from Mauldeth Road' if you're getting a one way which saves you a few pennies

(emphasis mine)

This is my first travel and criminal offence

These two sentences appear to contradict each other. I am willing to bet that you often ask for short fares from Mauldeth Road, not just "on the night in question". You should probalby make your story more consistent before your day in court.

 

[bb21]

Thanks again for the advice, I am a relieved man and certainly won't be making the same stupid mistake again!

Thanks for letting us know the outcome. I'm sure you have learnt your lesson and will not do it again.