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Notice to prosecute- I’m scared!

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Luke1512

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Joined
16 Sep 2019
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3
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London
Hi all: wondered if you could advise on what you think happens next. I was on hard times financially (still am) and bought a ticket requiring a railcard when I didn’t have one. I was caught at potters bar and didn’t have any money so handed over my details.

I received a letter recently stating their desire to take the case to the magistrates court (notice to prosecute)...

I replied by letter Saying I’m definitely guilty, I’m an idiot and I won’t do it again basically. I offered to pay costs and the fare.

What do we think will happen now?

I really don’t want a criminal record as I work with kids....

Thanks in advance
 
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Fawkes Cat

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8 May 2017
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Welcome to the forum.

From what you say, the railway will have no difficulty in getting a conviction: as you didn't have a Railcard, you didn't have a valid ticket, and as you knowingly bought an invalid ticket, you showed intent to travel without paying the right fare. So this post is written on the assumption that you are guilty of an offence under the Regulation of Railways Act.

What will be the consequences of being convicted? It will cost you quite a lot of money - the fine, court costs and compensation to the victim. Think some hundreds of pounds. You will, as you mention, also end up with a criminal record which will come up on DBS checks, so you won't be able to hide it from employers.

But it seems to me that this will be unlikely to be career finishing (always assuming that this is your only conviction). Many employers will see a conviction for fare dodging as evidence of one occasion of bad judgement. Repeat offences - or trying to cover up one conviction - might look like a pattern, at which point they may be more worried.

So even a conviction isn't a total disaster. But is there a chance of getting a settlement out of court? It varies by railway company, but there is a chance. The letter you have received sounds like either the first or second letter that Transport Investigation Ltd (TIL - they are contractors who do the initial investigation for a lot of railway companies) send. The first letter asks for your side of the story: the second essentially says they are handing the case back to the railway for prosecution.

It's the railway who decide whether to prosecute or not. So reply to this letter - and any following correspondence - briefly, politely and apologetically. Make it clear that you know you were in the wrong, that you have learnt your lesson and you won't do it again. Don't bother explaining that you were broke and that a conviction will have bad consequences for your job - you knew this when you fare-dodged so presumably decided it was a risk worth taking. But explain you are keen to settle out of court.


As I said at the top of this post, it looks to me as if you are guilty. So you are not in a strong negotiating position. But keep asking, and you may be offered a chance to settle. If you are offered a settlement, take it even if it is for a lot of money: in practice you won't be able to negotiate anything cheaper.
 

30907

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Airedale
To keep things in proportion:

First, you may be offered an out of court settlement.
Second, if it comes to a conviction, the court IIRC will take into account your financial circumstances - and a maximum fine for a first offence would be highly unlikely.
Third, they might well decide to prosecute under Byelaw 18, which does not require intent.
Fourth, any conviction will be "spent" after a year.
 

Puffing Devil

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11 Apr 2013
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3,170
Oh wow; looks like I’ll prepare myself for the maximum £1000 fine then.....

Not at all, your potential fine is based on your income. If the matter does end up in court, and you plead guilty at the earliest opportunity, you'll likely face a financial penalty along the lines of:

Fine = 50% of your weekly income, after-tax, less 1/3 for an early guilty plea
Surcharge = 10% of Fine, Minimum of £30 or £32 depending if the offence was before or after 28/6/19
Prosecution Costs = Assume Around £135
Compensation = Fare Avoided

Assuming that you committed the offence before 28 June, prosecution costs of £135 and you earn £200/week and evaded a fare of £20, the sentence is likely to be:

Fine after discount
£66.00
Compensation
£20.00
Surcharge
£30.00
Prosecution costs
£135.00
Total
£251.00

Way off £1000. You can also ask the court for time to pay. Make a reasonable offer in line with your means, the starting point would be £25 for £200/week though it can be lower if you can show financial hardship.
 

Luke1512

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16 Sep 2019
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Location
London
Okay this does sound far more reasonable.

I have to admit I was completely naive to the severity of the consequences of such actions. Have defo learnt my lesson. From other posts on here an out of court settlement on the day seems most likely rather than in advance. Looks like my financial struggles may help in a weird way.....thanks for getting back to me

Not at all, your potential fine is based on your income. If the matter does end up in court, and you plead guilty at the earliest opportunity, you'll likely face a financial penalty along the lines of:

Fine = 50% of your weekly income, after-tax, less 1/3 for an early guilty plea
Surcharge = 10% of Fine, Minimum of £30 or £32 depending if the offence was before or after 28/6/19
Prosecution Costs = Assume Around £135
Compensation = Fare Avoided

Assuming that you committed the offence before 28 June, prosecution costs of £135 and you earn £200/week and evaded a fare of £20, the sentence is likely to be:

Fine after discount
£66.00
Compensation
£20.00
Surcharge
£30.00
Prosecution costs
£135.00
Total
£251.00

Way off £1000. You can also ask the court for time to pay. Make a reasonable offer in line with your means, the starting point would be £25 for £200/week though it can be lower if you can show financial hardship.
Not at all, your potential fine is based on your income. If the matter does end up in court, and you plead guilty at the earliest opportunity, you'll likely face a financial penalty along the lines of:

Fine = 50% of your weekly income, after-tax, less 1/3 for an early guilty plea
Surcharge = 10% of Fine, Minimum of £30 or £32 depending if the offence was before or after 28/6/19
Prosecution Costs = Assume Around £135
Compensation = Fare Avoided

Assuming that you committed the offence before 28 June, prosecution costs of £135 and you earn £200/week and evaded a fare of £20, the sentence is likely to be:

Fine after discount
£66.00
Compensation
£20.00
Surcharge
£30.00
Prosecution costs
£135.00
Total
£251.00

Way off £1000. You can also ask the court for time to pay. Make a reasonable offer in line with your means, the starting point would be £25 for £200/week though it can be lower if you can show financial hardship.
 

WesternLancer

Veteran Member
Joined
12 Apr 2019
Messages
15,395
Okay this does sound far more reasonable.

I have to admit I was completely naive to the severity of the consequences of such actions. Have defo learnt my lesson. From other posts on here an out of court settlement on the day seems most likely rather than in advance. Looks like my financial struggles may help in a weird way.....thanks for getting back to me
Note fawkes Cat's last para. It may be a good idea for you to engage with the Train Company in case they wish to settle. It's cheaper for them to do this before it gets to court (if they are prepared to engage) so I would not leave it till 'on the day' - by the time it gets to on the day someone has had to prepare the case, instruct the court etc etc - all things that cost money - which they will want to recoup.

Have a look at other posts where people suggest along lines of - accepting you did wrong and now understand the severity, explain you have financial squeeze, accept it is no excuse, show contrition and ask if they are prepared to settle the matter before it gets to court and accept that you must pay reasonable costs and the fare owed etc.

Oh, and buy a railcard urgently / ASAP - as it will help you generally, AND show that you are not habitually minded to use railcard as a fake discount option - it shows you have learned your lesson. Tell them you now have a railcard.

EDIT: apols, I see in your OP you say you have basically written this already - so see what happens.

Do get a railcard ASAP though, for reasons I state.
 

najaB

Veteran Member
Joined
28 Aug 2011
Messages
33,742
Location
Scotland
I have to admit I was completely naive to the severity of the consequences of such actions. Have defo learnt my lesson. From other posts on here an out of court settlement on the day seems most likely rather than in advance.
That's not the case. While it is possible to settle on the day this is the exception rather than the rule.
 
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