Help – Court Summons

[Timbuctu]

I would be very grateful for your advice on the position I am in having just received a Magistrates court summons. I have given as much detail as possible. Thank you.

The summons is based on contravention of “Byelaw no 18 (1) of the Railway Byelaws” – not having a valid ticket for travel.

For the past 8 years I have been buying monthly tickets for my rail commute from Harlow in Essex to London. I buy monthly season tickets as I find that with holidays and occasional work travel it works out a little cheaper than buying an annual season ticket.

For the past 3 years I have been commuting from Harlow to Vauxhall in London – this entails taking the Abellio Greater Anglia train from Harlow to Tottenham Hale and then taking the underground from Tottenham Hale to Vauxhall. Each month I buy a monthly season ticket for the train, buy a monthly zone 1-3 pass for my Oyster and a monthly parking ticket. As I have a monthly Oyster card it is much quicker to tap this at the exit barriers at Tottenham Hale station than getting my rail ticket out and putting that through the barriers – T Hale is in zone 3 so the Oyster works at the barriers.

Very occasionally my monthly ticket purchase gets slightly out of sync and I need to remember to get the tickets back in sync. I have always managed to do this apart from once about 2 years ago when my parking ticket (NCP-owned car park) got out of sync with the other tickets by a day. I explained the situation to NCP at the time and they were very understanding.

At the end of March 2014 unfortunately the same thing happened by with my train ticket on Abellio Greater Anglia.

I was on my normal commute into London and when I went through the barriers to leave Tottenham Hale train station, touching my Oyster card as I normally do, a Revenue Protection Officer from Abelllio Greater Anglia came over to me and asked to see my rail ticket. As I presented my monthly ticket to the Officer I realised that it was two days out of date – I had got my rail ticket out of sync with my Oyster and parking tickets and had completely forgotten to mark down that I needed to renew my monthly rail ticket two days before.

The Revenue Protection Officer proceeded to caution me and then asked me a number of questions, writing everything down in their book. I stated that I had got my tickets out of sync as described above. When asked if I had used the ticket to travel the previous day I said yes because I had – but with the same explanation and that I of course would have bought a new monthly ticket if I had realised it was out of sync.

When asked if I had the means to pay for my journey I said yes and would of course be happy to pay there and then...but this was not an option for the Officer. When asked if I agreed that “the fare for today and the previous day would have been avoided” if the Officer had not stopped then I said that that would have been the case but it was in no way what I had intended.
I continued my journey after agreeing to the accuracy of the Officer’s notes and immediately went to buy my new monthly rail ticket to I had it all correct for my return journey.

As I had not heard anything for a few weeks I took it that Abellio Greater Anglia had considered the case and not proceeded as it was an intended mistake by me. However, today I received a summons to Highbury Magistrates Court and having looked at the threads and posts on this site and information on other websites I see with panic that I may well end up with a criminal record !

Having read a number of members’ posts I understand that the Court and Abellio Greater Anglia will be looking at the actual action (not having a valid ticket for my journey) rather than the intent..or lack of. I am therefore very concerned that there is nothing that can be done to avoid a criminal record even if I ask a solicitor to represent me. I am worried that for all that I might say about having bought monthly tickets without fail for 8 years and having had no intention at all to not keep my ticket updated, there will no leniency and I will end up with a criminal record.

I would be very grateful for any advice that you could give me. Thank you so much.

 

[telstarbox]

Are you saying you received nothing in the post between the incident and the summons?

 

[najaB]

I am worried that for all that I might say about having bought monthly tickets without fail for 8 years and having had no intention at all to not keep my ticket updated, there will no leniency and I will end up with a criminal record.

First things first - you said they are prosecuting you under the byelaws. Even if the prosecution is successful, you won't get a criminal record. That said, based on what you've posted, if they proceed with the case then the conviction will be successful as you were travelling on the railway without a valid ticket and that's all a byelaw prosecution requires.

Are you sure you didn't receive anything between March and now?

 

[DaveNewcastle]

najaB is quite correct in pointing out that a Byelaw Offence should leave no trace on your Criminal Record.
The level of fine is also lower (and some Courts have been reluctant to awards costs in Byelaw matters).

Are you saying you received nothing in the post between the incident and the summons?

I expect the reason that Timbuctu didn't receive any correspondence before the Summons was that the evidence given during the interview was perfectly adequate - I'm happy that the level of detail Timbuctu remembers having provided is quite satisfactory for a Byelaw Prosecution.

 

[maniacmartin]

How did you get through the gateline at Harlow?

 

[34D]

Just to make the point that you had a ticket valid from Northumberland park to Tottenham hale. This may well be of no relevance though.

 

[Timbuctu]

Thank you all for your advice - particularly the points made by NajaB and Dave Newcastle about the Byelaw not being linked to a criminal record. I was absolutely distraught yesterday, not least about the implications for work.

I will speak to a solicitor next week and see if there is anything that can be done about the summons.

Thank you again. It is quite a role that you all play and I am hugely grateful.

 

[Timbuctu]

Dear ManiacMartin - sorry I forgot to say, this was Harlow Mill where there is no barrier. Thanks

 

[MyFriendMary]

I will speak to a solicitor next week and see if there is anything that can be done about the summons.

Have you attempted to call or contact the TOC in question's prosecution department to see if they would accept a last minute out-of-Court settlement? It might be cheaper/easier than hiring/contacting a solicitor to deal with a non-recordable byelaw matter

 

[DaveNewcastle]

Have you attempted to call or contact the TOC in question's prosecution department to see if they would accept a last minute out-of-Court settlement?

I agree that Timbuctu could attempt a resolution directly with Abellio. And that this would avoid further expense and worry. A good suggestion!

But I must add a note of caution: now that a Summons has been issued by the Court, then there are now three parties in this matter, Timbuctu, Abellio and the Magistrates Court. All correspondence should be issued to all 3 parties, and any telephone agreement should be confirmed to the other parties in writing.

I have previously advised Defendants who succeed in reaching an agreement by phone after a Summons has been issued to still attend the Court on the allocated date, just to make sure that the Clerk doesn't announce the matter as listed, and then find that the Prosecution continues 'in auto-pilot' to present the Evidence.

I would give the same advice to Timbuctu, even if it is only a Byelaw matter. If you can reach a settlement with Abellio's Prosecutor, also get them to write to the Court to confirm that no Evidence will be offered in the matter and to send you a copy of that letter. If that letter is on file in the bundle of papers the Court holds in relation to your incident, then even if it does go forward on the listed date, then the Clerk will have a copy of the agreement, and in the unlikely event that is still proceeds in your absence, then you will have the evidence to show that the Court's ruling should be quashed.

[Sorry, but once a matter enters the Court system, it does become complicated.]

 

[MyFriendMary]

Very much agree with Dave's above information and, while you certainly seem bright enough, you would make sure it is all backed up in writing so that if Abellio did not drop the matter or were unable to in time to withdraw the Summons that you could present that as evidence for the matter to be dropped.

Additionally, as we've seen on the forum before, last minute settlements have been offered at Court itself

 

[Timbuctu]

Thank you MyFriendMary and DaveNewcastle for your helpful advice. I will try to speak to Abellio tomorrow in first instance and ensure there is a written record.

 

[Timbuctu]

Thank you to everyone for your invaluable support and advice. The TOC has been very understanding and has agreed to a settlement.

I would like to find a way to thank you all for the wise advice you have given me (and many others) at a very difficult time.

Is there a particular railway-focused charity that I could make a donation to ? If not then perhaps a favourite charity of Dave Newcastle's or one of the other regular contributors who selflessly guide and advise people so brilliantly ?

Thank you !

 

[reb0118]

Railway Children?

 

[telstarbox]

For the benefit of others who may require advice in the future, can you say how much the settlement was?

 

[DaveNewcastle]

Is there a particular railway-focused charity that I could make a donation to ? If not then perhaps a favourite charity of Dave Newcastle's or one of the other regular contributors who selflessly guide and advise people so brilliantly ?

Thanks for coming back to let us know how you got on, and thanks for asking about charities. I am a Trustee of a few charities, but will heartily agree with reb0118 that The Railway Children would be an appropriate choice, or perhaps your local Legal Support Trust (The London Legal Support Trust or Eastern Legal Support Trust).

Best wishes to you.

 

[Timbuctu]

Telstarbox - The settlement was the single fare plus £100 for their costs.

Others - Thanks for your suggestions for charity contribution. I will donate £50 each to Railway Children and the local Legal Aid Trust in recognition of your fabulous work through this website.

Thank you !