Court Summons - Need advice please!!

[Hugo Alacantra]

Hi all,

I've recently been summoned to court following an incident which occurred towards the back end of last year.

I was travelling from Chelmsford - London Liverpool St.

I had consciously been using 2 tickets in order to cut down on my train fares and evade a large portion of the journey's fare. I was using a child weekly ticket to Ingatestone to get me through the barriers at Chelmsford, and also a weekly adult ticket from London Liv St to Stratford. Hence, cutting my weekly travel expenses significantly.

I'd only been doing this for a couple of weeks due to severe financial strain. I had no other feasible alternatives to get into work. I was caught at Liverpool St by someone checking tickets at the gates and subsequently was questioned. I admitted my wrong doing, showed both of my tickets and explained what I had been doing. I couldn't cope emotionally with the stress at the time and it all became a bit much. I was then referred to the British Transport Police for not being in a fit state of mind to be questioned by Greater Anglia.

British Transport Police then calmed me down before conducting an interview. They made it clear that they weren't interested in how long I'd been doing it or any previous offences, they were only concerned with what had happened on the day of the offence. The lady interviewing me tried to let me off with a caution, however has recently summoned me to court as aforementioned.

The court hearing is being held at Westminister Magistrates Court where I believe I will be accompanied by a solicitor of some kind provided by the court and facing a judge who will decide on the punishment.

I really don't know what to expect, as it's not Greater Anglia who submitted me to the courts but British Transport Police. No one, as far as I know, will be present representing Greater Anglia however they will be classed as the 'Victims' of this case.

I'd be happy to pay any monetary fines however my main concern is that I will be faced with a criminal record which would be detrimental to my career as an aspiring stock broker.

I have no criminal records against my name, however I do have previous history with Greater Anglia having been issued with a penalty for not having a train ticket 18 months ago.

Could anyone please advise me on what to expect from the court summons and what the likely punishment will be?

Many thanks,
Hugo

 

[455driver]

What are you being charged with?

Edit-
It looks to be a clear case of fraud so a large fine would be the best possible outcome for you.

 

[coxxy]

Hi all,

I've recently been summoned to court following an incident which occurred towards the back end of last year.

I was travelling from Chelmsford - London Liverpool St.

I had consciously been using 2 tickets in order to cut down on my train fares and evade a large portion of the journey's fare. I was using a child weekly ticket to Ingatestone to get me through the barriers at Chelmsford, and also a weekly adult ticket from London Liv St to Stratford. Hence, cutting my weekly travel expenses significantly.

I'd only been doing this for a couple of weeks due to severe financial strain. I had no other feasible alternatives to get into work. I was caught at Liverpool St by someone checking tickets at the gates and subsequently was questioned. I admitted my wrong doing, showed both of my tickets and explained what I had been doing. I couldn't cope emotionally with the stress at the time and it all became a bit much. I was then referred to the British Transport Police for not being in a fit state of mind to be questioned by Greater Anglia.

British Transport Police then calmed me down before conducting an interview. They made it clear that they weren't interested in how long I'd been doing it or any previous offences, they were only concerned with what had happened on the day of the offence. The lady interviewing me tried to let me off with a caution, however has recently summoned me to court as aforementioned.

The court hearing is being held at Westminister Magistrates Court where I believe I will be accompanied by a solicitor of some kind provided by the court and facing a judge who will decide on the punishment.

I really don't know what to expect, as it's not Greater Anglia who submitted me to the courts but British Transport Police. No one, as far as I know, will be present representing Greater Anglia however they will be classed as the 'Victims' of this case.

I'd be happy to pay any monetary fines however my main concern is that I will be faced with a criminal record which would be detrimental to my career as an aspiring stock broker.

I have no criminal records against my name, however I do have previous history with Greater Anglia having been issued with a penalty for not having a train ticket 18 months ago.

Could anyone please advise me on what to expect from the court summons and what the likely punishment will be?

Many thanks,
Hugo

Sounds like you'll be done for fraud.

You say you did this consciously and over a matter over time so expect to have the book thrown at you!

 

[bb21]

I assume that you have received your court summons. What legislation are you being prosecuted under?

 

[Pumbaa]

There will be Greater Anglia representatives there. I doubt it will be under the Fraud Act, TOCs have to jump through a great number of hoops and usually just go with Regulation of Railways Act.

The best bet would be to attempt to convince them of how sorry you are and offer to settle out of court on the day. It may cost you more in cash, but you may avoid a criminal record.

 

[DaveNewcastle]

I wonder if there is some misunderstanding here?

The court hearing is being held at Westminister Magistrates Court where I believe I will be accompanied by a solicitor of some kind provided by the court and facing a judge who will decide on the punishment.

It is usual for an accused person to instruct their own solicitor, who will take some time, before the Hearing, to discuss and research the matter, with a view to advocating the most appropriate response to the Court on behalf of their client.

What I think you might be referring to is the Court's Duty Solicitor. That person will have little prior knowledge of your circumstances, will have no time to research the details of the matter, and (because you are not paying them) have no inclination to put in extra time to develop any arguements which might help you. A Duty Solicitor is there to ensure that accused persons who have not appointed a legal representative have the very minimum of technical assistance in respect of their appearance in Court. While I have much respect for those Duty Solicitors who work hard for hundreds of unrepresented accused criminals every week, I couldn't advise anyone to elect to be represented by a Duty Solicitor without prior brief.

I'd be happy to pay any monetary fines however my main concern is that I will be faced with a criminal record which would be detrimental to my career as an aspiring stock broker.

I have no criminal records against my name, however I do have previous history with Greater Anglia having been issued with a penalty for not having a train ticket 18 months ago.

Yes, there is a great distinction to be made between a penalty fare (just a commercial transaction) and a Criminal Conviction following the successful Prosecution of a crime of dishonesty.

The prior 'penalty fare' appears to be a mere commercial transaction, while your admitted technique on your travels appears to me to be captured by the Fraud Act.

Speaking as an investor (as well as a Fares Advisor on here), I'm not persuaded that a successful career as a stock-broker is compatible with repeated fare evasion, but that's just an opinion for you to consider as you wish.

 

[38Cto15E]

Hugo
You will have access to a duty solicitor in court who will help you as best they can, but it would appear from the details provided that you have a big problem.

Maybe you could get the duty solicitor to ask for an adjournment, so that you have time to get further representation (your own solicitor, who I would like to think will work very hard in your best interests)
I understand this will cost you money that you can possibly not afford, but if the solicitor is able to at least stop you having a criminal record, then it will be money well spent.

 

[island]

There will be Greater Anglia representatives there. I doubt it will be under the Fraud Act, TOCs have to jump through a great number of hoops and usually just go with Regulation of Railways Act.

This is a BTP prosecution though.

 

[Pumbaa]

I completely misread that - my apologies.

 

[rdwarr]

We are here to advise, not judge.

 

[island]

The only suggestion I can give, most emphatically, is get a solicitor fast.