Potential court summons-very worried!

[martin8]

After reading through many of these threads, I have a strong suspicion that I will be prosecuted, but I feel very confused about how to proceed.

The chronologies of events are this; I was travelling on my zones 1-3 railcard, and when making a change at a station when a revenue officer approached me. I geninuinely/stupidly did not realise that the station was out of zone three, apologised profusely for my mistake. I paid my £20 penalty fare, realising the fault was mine and gave my details.

Now a few months later I have foolishly made the same mistake, but I had every intent to pay my full journey. I was running late, forgot to tap in (which is no excuse I know) and took a different route to my usual zone 1-3. I always have extra PAYG on my oyster just in case. I was so sure I had enough to cover my full fare, that I didn’t realise until I attempted to tap out (to visit marks and spencers in the station whilst I waited for my train).

When I tapped out, of course I couldn’t get through the barriers and a revenue man came over to talk to me. I instantly realised my stupidity. He asked why I was travelling through z4 when I only held a zone 1-3. I attempted to explain myself but he kept cutting in with questions, like where I was travelling from and had I had problem in the past. I of course did not lie, as it was a genuine, albeit stupid, mistake. He spoke to me very calmly and friendly and asked for my details, which I provided him. He then verified them, and apologised that it was taking so long. I offered to pay the fare difference and/or penalty, at the time, but he said as it was a second offence I would need to await a letter from SWT.

The officer never cautioned me or explained that the information I gave him could be used in court. So I signed the paper, he thanked me and I went to get my train, feeling embarrassed and frustrated that I had done something so stupid. It was only when I read the back of the slip I realised the gravity of what had just happened.

I fully appreciate in the eyes of SWT and in front of a court, I would be the one in the wrong as the passenger as it is my duty to ensure I have enough fare. However, it was a genuine mistake, one that I was willing and had the means to pay for at the time. I had a valid ticket for 90% of my journey, and was polite, honest and co-operating with the officer. Do you think this would ever or could be settled out of court?

I am panicked because I am teacher and this could affect my whole career. I feel embarrassed for making such a stupid mistake, and just want to make it right.

Any help or support of how to deal with this would be really helpful

 

[yorkie]

Are you sure you had sufficient PAYG balance on your card? I was under the impression that if you were to tap out at a Zone 4 station, in these circumstances, you should be allowed through a gateline, but with a maximum fare deduction.

How much money did you have on your card?

As for whether it could affect your career, that would only be applicable if you were to be found guilty of a Regulation of Railways Act office, for which the railway Company needs to demonstrate you had intent, and not a Byelaw prosecution (you may find the Disputes section of our Guide helpful).

 

[martin8]

Thank you very much yorkie.

No, I did not have sufficient funds. This is where the fault of mine lies, I was sure I did, but never checked. It was only when I tried to tap out that I realised.

This whole thing is such a stupid idiotic mistake in my part but I had every intent to pay my full fare. However reading through the threads ect. The SWT will not be concerned with my feelings, just the fact I didn't have the right amount.

In your knowledge, and I appreciate you can not advise me in any way, but what do you think the likely outcome of my case will be. Will they give me an opportunity to explain before a court summons?

Thankyou

 

[DaveNewcastle]

The Railway Company investigator will probably be looking at additional evidence from your travel history to assist in deciding how to take this forward, If it is the second time you've been detected, then they may be wondering if you are a reguar fare evader but have only been detected twice.

(of course you alone, already know the correct answer to that).

If so, then you might need to prepare for a prosecution, with all the mitigation you can to achieve an out of court settlement.

But if you have no other history, then its likely that the previous incident in Zone 4 would not be seen as a similar attempt to avoid payment by not 'touching in', and the Company would probably be less inclined to prosecute. Having the means to pay and having a 'ticket' for much of the journey are not very persuasive factors, but on the other hand they don't contribute to a picture of a particularly determined fare evader.

You will just have to wait until you have the opportunity to provide your version of events to put into the balance. But when you do, I would't rely on the defense of "running late". Everyone thinks that they are in a hurry when they are in the station, and have plenty time to write letters. It doesn't help.

If you genuinely avoided touching in because you were in a hurry, then that was a foolish error of judgement. The correct response is an apology. The z1-3 travelcard might suggest that you did not intend to avoid payment.

If you avoided touching in because you hoped that you might be able to avoid your fare, then the correct response is a prosecution!
You will be at the mercy if the investigator when you make your response.

 

[34D]

"Always touch in and touch out".

That way if you change your plans, it will simply take from your PAYG balance.

 

[martin8]

Thank you very much for taking the time to write to me.

It was indeed a genuine and foolish mistake. If they viewed my history they'll see I have no other previous issues. All my oyster history would also demonstrate my travel journeys and the fact they are correctly paid for. Do you think it would be advisable to give them a print out if my oyster history when apologising?

As you said I will just have to wait and see the outcome.

A very hard lesson learned. Hopefully not one that will be deterimental to my future.

Again, thank you muchly

 

[DaveNewcastle]

. . . . All my oyster history would also demonstrate my travel journeys and the fact they are correctly paid for. Do you think it would be advisable to give them a print out if my oyster history when apologising?

There's a good chance that your journey history has already been accessed, and of course it doesn't disprove a potential claim against you for fare evasion on this one incident.
However, it's my experience that investigators prefer facts to rhetoric, so any factual evidence that is relevant could usefully be supplied to support your written version of events.

 

[MikeWh]

Are you sure you had sufficient PAYG balance on your card? I was under the impression that if you were to tap out at a Zone 4 station, in these circumstances, you should be allowed through a gateline, but with a maximum fare deduction.

How much money did you have on your card?

This is a bit of a grey area to me, but one that I hope to check out soon when I'll have a travelcard.

If you touch in and on touch out do not have enough for the journey you've made then the gates will open and you'll be left with a negative balance which has to be cleared before you can use the card again, even within your zones. If you haven't touched in then it will try and deduct the reduced maximum fare (on account of the travelcard), but if you haven't got that then I believe it will not open the gates.