Help taking me to court!

[Rebekah_hollid]

Hi i need some advice. I traveled on Northern rail train from Middlesborough to Newcastle on the 20th of september. I attempted to buy the ticket on the train for £11.80 however the card machines were not working and i had no cash on me. The ticket man made me sign some form that said i was fare dodging even though i pointed out to him the form said that i had 'no means to pay for a ticket' and said it doesn't matter as long as i paid it within 21 days. As a lot of people do i'm sure i totally forgot about it and have now been served with magistrates court order which says £100 fees if am undoubtedly found guilty.

since the end of October i was diagnosed with depression and anxiety disorder which has meant I've been unable to work and struggling to juggle my degree as a student nurse in my final year. i am also completely financially ruined and seeking advice from the citizens advice bureau for my debt from a previous breakup.
is there anyway to resolve this situation without going to court? or is it to late (posted 28th feb)?i literally have nothing to live on already (never mind pay £111.80) Will i be able to pay it in small instalments? Should i plead guilty? HELP! Please any advice will be greatly appreciated!

 

[bb21]

Could you provide some more details as to what happened on the day, what was said and what contact have you had with Northern so far please?

Also is there any particular reason why you didn't buy a ticket at the ticket office or from the ticket machine at Middlesbrough prior to boarding? What type of card did you present onboard? What paperwork did you receive?

 

[island]

It sounds like you were issued an Unpaid Fares Notice, an agreement to pay £11.80 for your ticket later on. Had you paid this within the defined time limit, that would have been the end of the matter. However, failing to buy a ticket before joining a train is a criminal offence, and you would have a fine to pay as well as the costs, compensation, and victim surcharge.

When is your court date? And does the letter mention any law that you are being taken to court under, such as section 18 of the Railway Byelaws or section 5 of the Regulation of Railways Act 1889?

 

[Rebekah_hollid]

Could you provide some more details as to what happened on the day, what was said and what contact have you had with Northern so far please?

Also is there any particular reason why you didn't buy a ticket at the ticket office or from the ticket machine at Middlesbrough prior to boarding? What type of card did you present onboard? What paperwork did you receive?

I was running late and only had my card on me with no cash. I have bought tickets previously onboard the train before i was unaware that was a criminal offence in itself(why isn't think displayed in the stations?). The card was a debit card. I was sent a witness statement an what i think is the 'UNPAID FARES NOTICE'

The court summons references 'S.5(3)(a) of the regulation of Railways act 1889 as amended by section 84(2) of the Transport act 1962 and section 18 of the british railways Act 1977' is that what you were after.

Sadly i think i'm doomed i didn't realise that the repercussion could be a criminal record which i'm really concerned about as i'm a student nurse and people have been thrown off the course for speeding fines! not only that but getting a job involves enhanced disclosures on the crb checks if i can even finish the course. This coupled with everything else is just hell. i don't know what to do. Thanks so much for the replies already x

 

[bb21]

An Unpaid Fares Notice (UPFN) is simply a bill to pay your fare. The UPFN is not an accusation of any wrongdoing.

Had you paid within 21 days, that would have been the end of the matter and you would have paid no more than your fare. Of course after you failed to pay it promptly, it was taken as a sign that you had no intention to pay that fare, which is why it is now being taken further. If this went to court, I am inclined to think that your actions could easily be interpreted as an attempt to avoid paying your fare. A conviction would entail a criminal record unfortunately but of course conviction is not a certainty.

There may still be time to negotiate with Northern in order to settle this matter without the involvement of the court. When is your court date?

 

[Chapeltom]

I was running late and only had my card on me with no cash. I have bought tickets previously onboard the train before i was unaware that was a criminal offence in itself(why isn't think displayed in the stations?). The card was a debit card. I was sent a witness statement an what i think is the 'UNPAID FARES NOTICE'

The court summons references 'S.5(3)(a) of the regulation of Railways act 1889 as amended by section 84(2) of the Transport act 1962 and section 18 of the british railways Act 1977' is that what you were after.

Sadly i think i'm doomed i didn't realise that the repercussion could be a criminal record which i'm really concerned about as i'm a student nurse and people have been thrown off the course for speeding fines! not only that but getting a job involves enhanced disclosures on the crb checks if i can even finish the course. This coupled with everything else is just hell. i don't know what to do. Thanks so much for the replies already x

Not that it will help, but it is a commonly displayed notice at stations, I see it a lot particularly at Northern stations and if I remember correctly displayed on stickers on Northern Rail trains too.

 

[Rebekah_hollid]

An Unpaid Fares Notice (UPFN) is simply a bill to pay your fare. The UPFN is not an accusation of any wrongdoing.

Had you paid within 21 days, that would have been the end of the matter and you would have paid no more than your fare. Of course after you failed to pay it promptly, it was taken as a sign that you had no intention to pay that fare, which is why it is now being taken further. If this went to court, I am inclined to think that your actions could easily be interpreted as an attempt to avoid paying your fare. A conviction would entail a criminal record unfortunately but of course conviction is not a certainty.

There may still be time to negotiate with Northern in order to settle this matter without the involvement of the court. When is your court date?

It is on the 21st of March. I rang them up yesterday but they said i had to get in touch with their legal team but i cant find any contact details what so ever. I'm really worried i'm going to get thrown off my course and have ruined my nursing career, i can't sleep at night. I know its my own stupid fault. It just feels like everything is going wrong for me. I just threw the letter on top with the other mountain of debt letters. I really don't know what to do if i can do anything at all.
Thanks for the advice you have given on here so far x

 

[bb21]

I am surprised that customer service did not give you the number to the prosecutions department. Is there no contact number on the UPFN? The only number I can find is 0844-5444272, which can be expensive on mobiles. Alternatively 01904-568181 has been suggested but it seems to be listed as the number for dealing with parking fines. Still it is worth a try if you have inclusive minutes.

If Northern do agree to withdraw the case in exchange for a financial settlement, you need to be prepared to pay them at least a three-digit figure (but very unlikely to exceed three-digits). If you want to discuss the possibility of paying in instalments, be realistic but don't make derisory offers. Be honest with yourself. A tenner each time can be acceptable to Northern if that is all you can afford, but a pound a week will unlikely be so. If you agree to an unrealistic plan and then miss payments, you will almost certainty make the matter worse for yourself.

Northern do apply discretion where they consider it is warranted, and we have had cases where people who made silly decisions were let off without the matter being taken further for a first offence. I don't want to give you unrealistic hope, but at the same time I also want you to realise that this is not the end of the world.

Usually we recommend that you get a solicitor if a court appearance cannot be avoided, however since you are already struggling financially and I don't believe that legal aid is available for fare evasion cases I think you might be out of luck here. (I could however be wrong on this. You may want to ask Citizens Advice Bureau about it.)

I can't offer you any guarantee as to how the matter will proceed, but at least at the moment you still have a fair amount of time to try and come to an arrangement with Northern.

 

[142094]

Not that it will help, but it is a commonly displayed notice at stations, I see it a lot particularly at Northern stations and if I remember correctly displayed on stickers on Northern Rail trains too.

Middlesbrough is operated by TPE, and TPE normally have the posters reading "Extracts from the NRCoC" plastered on their stations.

 

[Rebekah_hollid]

Update: i went to citizens advice bureau and the kind gentleman argued my extenuating circumstances and negotiated it to £111.80 with the magistrates court (the ticket plus court fees) which i have to pay before the court date.

Thankyou so much for the help everyone, i shan't be so stupid in the future

 

[Smudger105e]

Sounds like a result for you, and a result for TPE or Northern (whoever it was). Win-win, as they get their money, you don't get a criminal record and you have learned a huge lesson.

 

[Southwest]

Update: i went to citizens advice bureau and the kind gentleman argued my extenuating circumstances and negotiated it to £111.80 with the magistrates court (the ticket plus court fees) which i have to pay before the court date.

Thankyou so much for the help everyone, i shan't be so stupid in the future

I'm glad to hear this has been settled with a modicum of good sense.

Now get on with your training and become a great nurse.

 

[Chapeltom]

Good result, another person the people of RailUK have helped