Penalty

[iii333hhh]

Hi

I travelled on a train and did not pay the correct fare, i got caught and my details were taken. (I was a complete idiot and very sorry for what i had done).

I have finally received a letter from the train company, stating that their policy is to prosecute all offenders under the Railways Act 1889/Byelaws.

However, they are willing to conclude the matter if i pay a fine of the unpaid fare and admin costs.

Im not sure if i still get a criminal conviction?

Any help would be appreciated.

 

[ainsworth74]

If you do what they say and pay the fare and their admin costs then the matter will be concluded with no criminal record or conviction. It's considered an out of court settlement.

Personally I'd suggest it's probably best to take the offer as if they're successful with a prosecution under RoRA S.5 then you would get a criminal record with all the problems that can lead to. However, to be sure that this is the correct advice we'd need to know exactly what happened.

 

[Ivo]

You didn't pay the correct fine? Is this a typo (of fare) or genuinely true?

As ainsworth 74 says, if you settle the matter out of court the company in question will not pursue any further damages and as such you will not receive a criminal record. Just don't expect to be left off quite so "lightly" if there is a repeat.

 

[ffm]

Not pay the correct fine? Where did you get that from Ivo?

As ainsworth says pay the fine of the unpaid fare and admin fee, you will not have a criminal conviction. Out of interest this is not an out of court settlement. That term is for settlements of civil court action before court action actually starts, such as for accident injury claims, claims for libel etc - you often hear of these being settled 'on the steps of the court'.
What this is is an offer to settle the issue, simples. Don't and they have said they will take action to prosecute, which is then criminal court action. There is no option to have an out of court settlement in criminal cases.

 

[MCR247]

Not pay the correct fine? Where did you get that from Ivo?

It was in the original post presumably, which has since been edited

 

[island]

If you pay what they ask, you would not get a criminal conviction and that will be the end of the matter. And count yourself lucky!

 

[iii333hhh]

Thanks for advice guys. I have paid the fine. I know that I have been lucky and this could have been worse.

Will this fine come up on a CRB check?

 

[LexyBoy]

No, you've settled the matter without the courts being involved so there can be no criminal record (and technically it wasn't a fine as only a court can give a fine).

 

[Yew]

Thanks for advice guys. I have paid the fine. I know that I have been lucky and this could have been worse.

Will this fine come up on a CRB check?

Its not technically a fine, as that can only be imposed by a court. This is what is called an Out of court Settlement, essensially you are paying a similar amount to what the TOC would receive from a court imposed fine, without any of the legal/court costs associated.

Since the matter has not gone to court it will not show up on any CRB checks, since as far as the law is concerned, nothing has happened. However it will show on the TOC's internal records, so if another incident occurs, they may be more willing to proceed to court.

Yew