Northern Rail Fare Non-Payment

[Carl_M]

Hi all,

I was wondering if I could have some advice - there are some similar threads but I doubt the facts are all the same. This is my first offence of anything, including non-payment.

I was running late and when I arrived at the station the train was already at the platform so I jumped on. (I know that you are not supposed to do this but I am sure everyone at one point has seen someone buy a ticket on the train).

On the train journey (it was rush hour) nobody came through the train to check/sell tickets and I could not find a conductor because it was busy.

When we arrived at Lime St. Station they directed us to an alternative exit that had no booth to buy a ticket. I panicked as I was running late for an important meeting at law school (now people are asking why this guy is so naive) and produced an old ticket because that was all I had.

I then had my details taken - I cooperated fully. He asked me why I did not buy a ticket at this end. I explained to him: 1) I did not know that was possible as this is the first ever time I have not bought a ticket and 2) we were directed to an alternative exit - there is the possibilty that if we were allowed through the boothed exit this would never have happened at all.

I have only been using the train to commute for 5weeks, having paid every time. I am sure that there is footage/ the man in the booth at my local station would provide evidence to confirm this (although I don't want it to go that far!).

I do not want to come across as naive, but I really don't want this to go to court because it may torpedo my legal career. I am hoping that this cannot satisfy s5(3)(a) which constitutes a criminal offence: "with intent to avoid payment" being the defninitive clause. I know the penalty is up to £1000 (and at the discretion of the court 3months imprisonment).

I have not received my letter yet but I am hoping that some of the facts and my character, along with the burden of proving beyond all reasonable doubt that I intended to avoid payment, will hope reduce the offence.

It should be said that I needed to go to ticket station at Lime St on arrival to buy a day ticket as I needed to return home as my Nan had a nurse's appointment, then return back to university later that night to attend a careers event which again can be proved. Although I appreciate this may be interpreted as heresay/ an excuse.

Should I use usual formula of some grovel and offer to pay the fine/admin fees along with the fact that I am a continuing customer

Any advice would be appreciated.
Thanks.

 

[Ferret]

I'm afraid I'm going to have to dismiss the part of your post regarding being directed to a different exit, as I believe it's irrelevant.

The key part which I must focus on is your actions when challenged at the exit you did use - you produced an old ticket! Why?! Why not just say 'I haven't purchased one yet and need to do so now'. At the very worst, they could have looked at doing you for Byelaw 18 if you travelled from a staffed station. What concerns me is that presenting an old ticket could be construed as trying to hoodwink the inspector, and therefore be a demonstration of intent to avoid your fare, and therefore leaves you open to prosecution under the more serious Regulation of Railways Act offence.

If you were interviewed under caution, it may well be that they can seek to demonstrate intent from the answers you provided too. If you were interviewed under caution, I'd imagine one question was along the lines of 'if I'd not stopped you today, do you agree that the fare would've gone unpaid'. If so, think very carefully about how you answered that........

I'm sure you're aware from the umpteen other threads that the way to go is probably to attempt to settle out of Court, but of course there's no obligation on the train company to accept such a settlement, especially if they have evidence of intent to avoid the fare (see the recent thread involving South Eastern Trains!).

 

[W230]

I panicked as I was running late for an important meeting at law school (now people are asking why this guy is so naive) and produced an old ticket because that was all I had.

I am hoping that some of the facts and my character, along with the burden of proving beyond all reasonable doubt that I intended to avoid payment, will hope reduce the offence.

Sadly I would think that you did that yourself when you produced an old ticket.

I can't speak with any experience of railway law but in criminal law i'm not sure what relevance your character would have to do with the actual prosecution - though it could act in your favour if you end up convicted in court, where they may take it into account in terms of your punishment. Though you obviously want to avoid court if at all possible.

 

[island]

While it seems that you have committed an offence under the Regulation of Railways Act, it is my understanding that Northern can be convinced not to take the matter further by the offer of a payment towards the fare avoided and their administrative costs in the matter. Sums in the region of £100-£150 have frequently come up, although lesser amounts have also been accepted.

For future use, why not buy a season ticket and avoid having to pay each morning?

 

[Carl_M]

Thanks for the advice and I realise the outlook is grim. I answered yes to avoiding payment but referenced that I wanted to buy a day rover which they do not sell on the train. Guess I have to wait for the letter, see what they are prosecuting me under. Is it true that byelaw 18 is a strict liability offence?
--- old post above --- --- new post below ---
In addition to this, I am assuming it is at the officer's discretion whether or not they issue you with a penalty fare or take details under caution.

 

[bb21]

Is it true that byelaw 18 is a strict liability offence?

That is correct.

In addition to this, I am assuming it is at the officer's discretion whether or not they issue you with a penalty fare or take details under caution.

Northern Rail do not operate a Penalty Fare scheme so you cannot be charged a Penalty Fare. They could issue you with an Unpaid Fares Notice rather than interview you under caution, however it is entirely at the discretion of the RPI.

 

[Carl_M]

Will it let me know in the letter what offence I am being prosecuted under? I know you enter your own comments and can write a letter in response - I imagine they do not take kindly if you start spouting statutes back at them?

 

[island]

Normally the first letter states something to the effect of "A person giving these details was spoken to on [date] at [station name] regarding the non-payment of a rail fare. Before we take matters further, we would like you to please supply a statement..." and doesn't name the law.