FCC notice of intention to prosecute

[UnluckySon]

About 2 weeks ago I was travelling from Luton to London. It was about 3am, there were no supervisors around and I was going to be late for my train. I tried to use the automatic machines to buy a ticket, but the train arrived too soon.
So, foolishly, I decided to just get on the train and buy a ticket off an inspector on the train. Now, over the course of the journey, there were no inspectors on the train, so when I got to St Pancras, I went over to an inspector and told her I wasnt able to purchase a ticket. She took my details etc, and let me through. Today I got a letter from FCC informing me of their '..intention to take this case to the magistrates court.'
To me this seems as a bit of an over reaction, as I did offer to pay the fare when I got to Kings Cross. Whats the normal procedure for these situations?

 

[DelayRepay]

It is your responsibility to buy a ticket before you travel. Running late is no excuse; you are supposed to leave enough time. The only valid excuse is that there was no way to buy a ticket at the start of your journey, i.e. machine out of order and ticket office closed.

Is the letter asking you to reply?

 

[UnluckySon]

yeah, the letter asked me to respond within 14 days..

 

[bb21]

Unfortunately as already pointed out, running late is not an excuse.

FCC trains have no guards onboard so you will not be able to find anyone willing to sell you a ticket. The RPI at St Pancras probably took the stance that you only offered to buy a ticket because you saw her there. I highly doubt you can prove otherwise.

You had an opportunity to pay your fare at the start of your journey and you ignored it. This means that at least you have broken the Railway Byelaws. Unfortunately FCC are quite on the ball with regard to ticketless travel and they are one of the train companies more keen to prosecute because plenty of people try it on and only buy a ticket when challenged.

It is a possibility that you could offer them an out of court settlement covering their admin costs and the fare due. They are however not obliged to accept it and can proceed to court if they feel that they have sufficient evidence. If you are convicted under the Byelaws then fortunately for you it is not recordable so should not give you a criminal record.

They also have the option to prosecute under other legislation if they can show that you intended to avoid paying your fare. Conviction in these cases will result in a criminal record, however this is less likely for a first offence, unless you have incriminated yourself inadvertantly somewhere, or intent can be clearly established through other means, eg. lying when questioned.

Do you remember what she asked you on the day and what your responses were?

 

[UnluckySon]

Yes, she asked me where I was travelling from and why I didnt have a ticket. I told her everything I've said here. I approached her (RPI) with the intention of paying the fine/fare, but I wasnt asked for it. I assumed I would just be sent some kind of bill that I would have to pay.
As they've also asked me for my statement to give my point of view, I was wondering, once I've given it to them, what would be the most likely outcome? Also, there is no mention of out of court settlements in the letter, is this the best possible outcome? Or will I just have to pay the fine?

 

[bb21]

The outcome will depend on how confident FCC are in securing a conviction in court based on all the evidence they have, including your statement. If they proceed with a Byelaw prosecution, you have very little chance of escaping without a conviction AFAICS as the facts are clear. Byelaw convictions nevertheless should not result in a criminal record. There will be a fine attached to such a conviction.

An out-of-court settlement, if accepted, will obviously stop the case proceeding to that stage. If you indicate a willingness to settle, they will give you an indication of the sort of figure they are looking for if they are willing to accept it.

If this is your first offence, you are unlikely to be prosecuted under other legislation unless there are other things you have not told us. That said, we cannot guarantee anything as the decision will be entirely FCC's.

Of course you don't have to offer to settle, in which case they might decide to proceed with the prosecution or they might drop the case altogether (in the very unlikely event).

 

[UnluckySon]

Okay, thanks alot for the info bb. Would you be okay with me PM-ing you my statement just so you could look over it and perhaps give me some advice on what to say and not to say?
--- old post above --- --- new post below ---
Also, how much does the fine turn out to be on average? And how much would the settlement be?

 

[bb21]

Yes, you are welcome to.

Please make one more post under mine and your PM function will be automatically enabled a short while after your 5th post.

 

[UnluckySon]

Alright, thanks again!