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Facing prosecution-please help

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Goblingirl

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Joined
18 May 2013
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Hi-at the beginning of the month I did something really stupid.

Was running late for the 5.35 Chiltern line stratford upon avon to Warwick train. The manned office & machine were busy so I got on the train thinking I could pay on board. The few times I've used the service previously there's always been a ticket inspector doing the rounds and I seen passengers by tickets on board do I assumed this was ok. Unfortunately an inspector didn't come to my carriage- not sure there wasn't one on board or they were too busy to get to us. I was planning to go to warwick ticket office to buy a ticket but I was prevented from leaving the platform by a member of rail revenue protection staff who asked to see my ticket. I tried to explain what had happened & offered to pay my fare to her. She said I was unable to do that & I would have provide ID and answer some questions. I offered to pay a penalty fare on the spot & she refused. She went through my story & clearly didn't believe and asked me what I had proposed to do had the ticket office been shut. I was stupidly honest as I said I didn't know as I had assumed I could get ticket on the train. She then made me sign my statement.
I asked what would happen next, would I have to pay a fine or would I be facing prosecution? She said she didn't know & Chiltern would write to me.
Today I received a letter from Transport investigations Ltd stating the purpose of the letter is to advise me of the proposed action. They state "the report of this incident indicates that sufficient evidence does exits to warrant a prosecution...." Is there any way of avoiding prosecution? I genuinely thought I could get a ticket on the train- I would have boarded it otherwise as I had no intention of evading payment. Is it worth writing to them explaining the above & offering an out of court settlement paying the fare, penalties and costs incurred? I've never been in trouble with law before. I work with children so a criminal record couls seriously affect my future employment.
I would appreciate any advice before I write.
Thanks
 
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trc666

Member
Joined
6 Jul 2005
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232
Location
Islington
It could be seen as intent to avoid payment as you have walked past an open ticket office and working ticket machines at Stratford upon Avon and boarded the train without a ticket and it appears that you did not attempt to approach on board staff when you boarded the train. Although there may have been a long queue this is not seen as an acceptable excuse as everyone else had to queue for their tickets, you would simply have to wait for the next train.

Does the letter you received mention anything about the Regulation of Railways Act 1889?
 

Goblingirl

New Member
Joined
18 May 2013
Messages
3
Dear trc666

Thank you for your speedy reply. The letter says the "file is presently with our prosecutions team who are considering whether to issue a Summons for inclusion in a forthcoming Magistrates Court list. These considerations may include whether any charge should allege an offence against Railway Byelaws(2005) or, The Regulation of Railways Act 1889"

I work in a profession where an enhanced crb check is required so prosecution would have dire consequences on my ability earn my living.

As I said i genuinely wasn't trying evade paying my fare- I was just really stupid.
 

Hellfire

Member
Joined
14 Dec 2012
Messages
573
The only thing you can do is reply to the letter, offer to pay any fare and related admin costs and promise never to do it again. With a bit of luck they may decide not to take you to court.

Boarding a train without a ticket, if there were opportunities to purchase one at the station where you boarded is an offence. Being late is not an excuse.
 
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