Fare evasion

[Carlsr]

Hi all. I’m after some advice and thoughts. I’m February I was making a rail journey. I was travelling with an expired rail card. I tried to explain my situation. After a couple months I received a letter asking my to write to explain my situation. They then sent me a fine to pay within 21 days. Due to being away with work, I didn’t pick that letter up in time. When I did, it was too late to pay the fine. This morning I have recieved a letter through the post stating that I must appear before the magistrate at the end of September. Throughout the issue I assumed it wasn’t a massive issue and it would never end up with criminal prosecution. Any advice or experiences will be much appreciated - would I be able to settle outside of court?
Thanks

 

[Gloster]

Welcome to the forum, although I am sure you would rather not be here. There are plenty of knowledgeable people on this forum, of which I am not one, who will give excellent advice, although it may take a day or two to filter through. In the meantime I would merely suggest that you read through the recent threads on the Dispiutes & Prosecutions section, some of which cover similar situations and will explain how things could go.

 

[Carlsr]

Gloster thanks for the reply. I’ll look forward to further replies.

 

[30907]

Did you take any action when you received the letter inviting you to pay within 21 days, or did you just ignore it?
Although it is late in the day, a further letter to the train operator might still be worth it, though expect to pay rather more than the original amount requested.

 

[Grumpy Git]

Did you take any action when you received the letter inviting you to pay within 21 days, or did you just ignore it?

He says explicitly in his first post he was away working when this letter came, so the 21 day period had already passed.

 

[Carlsr]

Did you take any action when you received the letter inviting you to pay within 21 days, or did you just ignore it?
Although it is late in the day, a further letter to the train operator might still be worth it, though expect to pay rather more than the original amount requested.

I didn’t take any action as i was on business and away from my property during the 21 days.
I’m potentially looking at settling outside of court. But unsure whether to do that myself or look for a legal representative for this. Ps thanks for reply.

 

[Gloster]

Although, as I said, I am not an expert, it is probably much too early to start involving a solicitor: they are expensive. Others will be able to advise as to what is best to do in the meantime.

 

[skyhigh]

Although, as I said, I am not an expert, it is probably much too early to start involving a solicitor

It's not that early to be honest- they've completed their investigation, referred the matter to court and a hearing date has been set. However, I'm not sure how much use a solicitor would be. I'd suggest the best thing to do is to contact the train company ASAP, apologise for not contacting them because you were away for work, apologise for the initial incident and ask to pay any fees to settle the matter out of court.

 

[30907]

He says explicitly in his first post he was away working when this letter came, so the 21 day period had already passed.

I should have said "opened the letter," perhaps, not "received..." to avoid misunderstanding.

 

[MotCO]

I'd suggest the best thing to do is to contact the train company ASAP, apologise for not contacting them because you were away for work, apologise for the initial incident and ask to pay any fees to settle the matter out of court.

I'd agree with this approach - the key is to engage with the company, and be polite and cooperative. I would emphasise that the reason you did not contact them earlier was because you were away from home and had not seen the letter in time.

(I am not a lawyer, but suggest this is a pragmatic way forward. It may not work, but there is nothing to lose.)

 

[Carlsr]

I'd agree with this approach - the key is to engage with the company, and be polite and cooperative. I would emphasise that the reason you did not contact them earlier was because you were away from home and had not seen the letter in time.

(I am not a lawyer, but suggest this is a pragmatic way forward. It may not work, but there is nothing to lose.)

Thanks! Yeah I think that’s the best bet. I’m very worried that I need to get this sorted and I’m due to appear in court within 2 weeks. Seems stupid to get a criminal record for something so small.

 

[skyhigh]

Thanks! Yeah I think that’s the best bet. I’m very worried that I need to get this sorted and I’m due to appear in court within 2 weeks. Seems stupid to get a criminal record for something so small.

If you don't get a reply from the company before the court date you still have the opportunity to try and settle on the day by speaking to the prosecutor before your case.

 

[Carlsr]

If you don't get a reply from the company before the court date you still have the opportunity to try and settle on the day by speaking to the prosecutor before your case.

How do I go about doing this?

== Doublepost prevention - post automatically merged: 15 Sep 2021 ==

How do I go about doing this?

Apologies for lack of knowledge when it comes to law. Never been in the position before

 

[AlbertBeale]

Hi all. I’m after some advice and thoughts. I’m February I was making a rail journey. I was travelling with an expired rail card. I tried to explain my situation. After a couple months I received a letter asking my to write to explain my situation. They then sent me a fine to pay within 21 days. Due to being away with work, I didn’t pick that letter up in time. When I did, it was too late to pay the fine. This morning I have recieved a letter through the post stating that I must appear before the magistrate at the end of September. Throughout the issue I assumed it wasn’t a massive issue and it would never end up with criminal prosecution. Any advice or experiences will be much appreciated - would I be able to settle outside of court?
Thanks

Just to save terminology confusion in further exchanges here. What the railway company sent you, saying you should pay within 21 days, was not anything to do with a "fine". A fine is what a court might impose as a penalty after you've been found guilty of - or pleaded guilty to - a criminal charge. If you were written to asking for a settlement to avoid them taking you to court, then that out-of-court settlement is purely a private matter between you and the company, to resolve your debt, and has no criminal record of any type attached (which a fine would do).

 

[Hadders]

I would write to the train company and explain the situation, and offer to pay the original administrative settlement plus any additional costs in dealing with the matter. If this doesn't yield a satisfactory result then on the day of the hearing I would arrive at the court early and seek out the prosecutor and see if they would be willing to come to an out of court settlement.

 

[30907]

On the matter of a criminal record, if your court summons is for an offence under the Railway Byelaws, that is "non-recordable" so even if you can't reach a settlement you won't have a criminal record.