Summons for altered ticket - help needed

[FrequentUser]

Hello all,

I received a summons yesterday (31/10/12) for fare evasion and altering a ticket in march. I sent a letter apologising and now received a summons on two charges

Help

1)Did travel on a railway without having previously paid the fare with intent to avoid payment thereof

2) Used a ticket that has been altered.

I bought a day ticket with cash and could not find the return ticket. As I was rushing to get the train, I stupidly defaced my weekly ticket at the train station to extend it by a couple of day. I got caught and now really worried that I will get a criminal record for my stupidity.

Court case in a couple of days and not sure if I should plead guilty, attend or not plead guilty.
Help
[

 

[deltic1989]

Since you openly admit to comitting the offence I think your best course is to plaed guilty and take the rap.
Not sure if its a recordable offence though, someone else will be able to advise on that.

 

[Rich McLean]

Hello all,

I received a summons yesterday (31/10/12) for fare evasion and altering a ticket in march. I sent a letter apologising and now received a summons on two charges

Help

1)Did travel on a railway without having previously paid the fare with intent to avoid payment thereof

2) Used a ticket that has been altered.

I bought a day ticket with cash and could not find the return ticket. As I was rushing to get the train, I stupidly defaced my weekly ticket at the train station to extend it by a couple of day. I got caught and now really worried that I will get a criminal record for my stupidity.

Court case in a couple of days and not sure if I should plead guilty, attend or not plead guilty.
Help
[

Unfortunately, you are banged to rights, and there is not a lot anyone on here could do to help. I would strongly urge you to seek legal advice

 

[wintonian]

Hello all,

I received a summons yesterday (31/10/12) for fare evasion and altering a ticket in march. I sent a letter apologising and now received a summons on two charges

Help

1)Did travel on a railway without having previously paid the fare with intent to avoid payment thereof

2) Used a ticket that has been altered.

I bought a day ticket with cash and could not find the return ticket. As I was rushing to get the train, I stupidly defaced my weekly ticket at the train station to extend it by a couple of day. I got caught and now really worried that I will get a criminal record for my stupidity.

Court case in a couple of days and not sure if I should plead guilty, attend or not plead guilty.
Help
[

Which company was the letter from?

 

[cuccir]

1)Did travel on a railway without having previously paid the fare with intent to avoid payment thereof

2) Used a ticket that has been altered.
[

That sounds like you're being charged under the Regulation of Railways Act 1889 - does it say that anywhere?

If so, if convicted, you will likely be fined and receive a criminal record. Having admitted guilt in apologizing to the rail company (which one, by the way?), I'd guess that a conviction is very likely, though IANAL (I Am Not A Lawyer).

I'd reiterate that you should look to seek legal advice at this late stage. Of course, if you have means to pay a fine and don't feel that the criminal record would have any negative effects on you, then hiring a lawyer would just add to the cost of it all....

 

[bb21]

There is always a possibility to settle out of court even at this late stage, although if you intend to do so then I urge you to contact the company directly asap. They are of course not obliged to accept your offer.

I echo the others' advice that you need to seek legal help if you want to avoid a criminal record, provided that you are being prosecuted under the Regulation of Railways Act, as it is highly likely that you will be convicted should you go to court.

Either way it is going to cost you a lot of money and rightly so imo.

Not very much we can help you with now at this late stage.

 

[Swirlz]

Hello all,

I received a summons yesterday (31/10/12) for fare evasion and altering a ticket in march. I sent a letter apologising and now received a summons on two charges

Help

1)Did travel on a railway without having previously paid the fare with intent to avoid payment thereof

2) Used a ticket that has been altered.

I bought a day ticket with cash and could not find the return ticket. As I was rushing to get the train, I stupidly defaced my weekly ticket at the train station to extend it by a couple of day. I got caught and now really worried that I will get a criminal record for my stupidity.

Court case in a couple of days and not sure if I should plead guilty, attend or not plead guilty.
Help
[

For starters, I would be enquiring with the appropriate court to find out when the information was laid before the court, (i.e. when the train company asked for a summons).

If they applied for a summons before September 2012 then you may have no choice other than to plead guilty. Two offences, one of which is quite serious and is definitely going to give you a criminal record. I would say based on guidelines, you are looking at a mid-range fine, so around £700, plus costs, so I don't think you'll get much change from £1000, (because there are 2 offences).

However, if the "altering" a ticket is being brought under Section 6 - Fraud Act 2006 or Section 1 (or 3) Forgery and Counterfeiting Act 1981, you may see a much higher fine or imprisonment if a ticket/article has a substantial value, or be referred to the Crown Court. If it is a Byelaw offence then the above paragraph is probably more accurate.

The first offence definitely sounds like Section 5 Regulation of Railways Act 1889, which, again is fairly serious.

If they applied for a summons in October, then you may be able to claim it was "out of time" and have the case dismissed. They usually only have 6 months to apply for a summons from date of offence, (but the hearing can be months after the summons).

 

[FrequentUser]

Thank you all your quick responses.

I have tried to settle out of court and they (northern rail) were not interested. I have no idea when they applied for summons as there letter is signed on the 28/08/12 but I only received the summons yesterday. I will contact the magistrates to find out when the summons was placed. I have been honest and upfront as this is my first offence and I know the seriousness as I completely distraught and have been since the incident in March.

The case is on "contrary to section 219 and schedule 20 of the Transport Act 2000 as preserved by clause 4 (a) and (b) of the Railways Act 2005 and Byelaw no. 20 (2) of the National Railway Byelaws no person shall knowingley use any ticket that has been altered in any way with the intent that the Operator or any other railway operator shall be defrauded or prejudiced.

I have contacted a number of solicitors and now reviewing their advice. I am so scared of getting a criminal record.

If I plead guilty, should I attend court?

 

[Swirlz]

Thank you all your quick responses.

I have tried to settle out of court and they (northern rail) were not interested. I have no idea when they applied for summons as there letter is signed on the 28/08/12 but I only received the summons yesterday. I will contact the magistrates to find out when the summons was placed. I have been honest and upfront as this is my first offence and I know the seriousness as I completely distraught and have been since the incident in March.

The case is on "contrary to section 219 and schedule 20 of the Transport Act 2000 as preserved by clause 4 (a) and (b) of the Railways Act 2005 and Byelaw no. 20 (2) of the National Railway Byelaws no person shall knowingley use any ticket that has been altered in any way with the intent that the Operator or any other railway operator shall be defrauded or prejudiced.

I have contacted a number of solicitors and now reviewing their advice. I am so scared of getting a criminal record.

If I plead guilty, should I attend court?

are both offences for Byelaws, or just the second one?

You will, unfortunately get a criminal record if the "intent to avoid" offence is being prosecuted under the Regulation of Railways Act.

I still think a fine of around £600-£700, plus around £150 in costs is the likely penalty for 2 offences of this nature.

If it is an offence under secondary legislation, (i.e. the Byelaws), my understanding is that there will still be a record of conviction, that would show up if you applied for jobs with kids/disabled etc.

All the court cases I've watched as part of my uni work seem to result in a "fair" sentence if they turn up, smartly dressed and offer unreserved apologies. the 3 magistrates can judge you as a person, rather than a name.

 

[wintonian]

are both offences for Byelaws, or just the second one?

You will, unfortunately get a criminal record if the "intent to avoid" offence is being prosecuted under the Regulation of Railways Act.

I still think a fine of around £600-£700, plus around £150 in costs is the likely penalty for 2 offences of this nature.

If it is an offence under secondary legislation, (i.e. the Byelaws), my understanding is that there will still be a record of conviction, that would show up if you applied for jobs with kids/disabled etc.

All the court cases I've watched as part of my uni work seem to result in a "fair" sentence if they turn up, smartly dressed and offer unreserved apologies. the 3 magistrates can judge you as a person, rather than a name.

The bylaws are made under S.219 Sch. 20 of the 2000 act, which says:

20. Altering tickets and use of altered tickets
(1) No person shall alter any ticket in any way with the intent that an Operator
shall be defrauded or prejudiced.
(2) No person shall knowingly use any ticket which has been altered in any way
in breach of Byelaw 20(1).

 

[wintonian]

Thank you all your quick responses.

I have tried to settle out of court and they (northern rail) were not interested. I have no idea when they applied for summons as there letter is signed on the 28/08/12 but I only received the summons yesterday. I will contact the magistrates to find out when the summons was placed. I have been honest and upfront as this is my first offence and I know the seriousness as I completely distraught and have been since the incident in March.

The case is on "contrary to section 219 and schedule 20 of the Transport Act 2000 as preserved by clause 4 (a) and (b) of the Railways Act 2005 and Byelaw no. 20 (2) of the National Railway Byelaws no person shall knowingley use any ticket that has been altered in any way with the intent that the Operator or any other railway operator shall be defrauded or prejudiced.

I have contacted a number of solicitors and now reviewing their advice. I am so scared of getting a criminal record.

If I plead guilty, should I attend court?

Could you confirm that you have also been summonsed for the intent to avoid payment or is it just the alteration of the ticket?

 

[FrequentUser]

Hello all, yes I have received two summons

The first one already mentioned with the bylaws. The second one is " did attempt to travel on a railway without having previously paid the fare of and with the intent to avoid payment.

Contrary to 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.

Reading all the documents properly again.

Thanks everyone.

 

[island]

It looks like your best bet is to plead that the summons was issued out of time, if that was the case.

 

[DaveNewcastle]

It looks like your best bet is to plead that the summons was issued out of time, if that was the case.

I agree that this is a promising line of pursuit. The Clerk's Office of the Court will be able to clarify this.

 

[steadmane]

I am just agreeing with the poster(s) above that the best line here is to question the offence date to summons date although I am very surprised that you only received the letter yesterday and are asked to appear in court in a "couple of days". If this is the case, I would apply to the court for the date to be rescheduled as this severely restricts your ability to consider all your available options which you have a right to do.

 

[bb21]

Discussions regarding the Railway Byelaws and the Transport Act 2005 have been split into this topic.

 

[34D]

If I plead guilty, should I attend court?

A solicitor is best placed to answer, but potentially you can offer mitigation/personal circumstances