Terrified of a criminal record

[Sl8901]

Please can someone help I was traveling between Hereford and Newport and I got straight on the train as I was running late I got to Newport and did ask to pay for a ticket from a closer stop in a panic but I realised and told them exactly where I got on then a man took me aside and read that the police may get involved he asked me did I have the funds to pay and I said yes he asked me why and I was honest and I said I panicked and did want to save a few pounds apparently now I will get a letter to explain my side of the story and on the paper he did give me it does say it's not an automatic conviction in praying I can explain how sorry I am and how I will do anything to keep it from
going to court just not sure it will be enough I am terrified I have ruined my life over one stupid stupid mistake.

 

[ainsworth74]

You will need to await the reply from the Train Company but it seems quite likely they may opt to prosecute you under either the Regulation of Railways Act Section 5 or Railway Byelaw 18.

The next likely step will be that they will write to you asking for your version of events. It is up to you how you respond but it would be wise to tell the truth at this stage as lying is likely to make the situation worse. You can also consider replying stating that you're very sorry for your mistake, that you will never do so again, that you are willing to pay the fare outstanding and any administration costs they've inccured.

In our experience replying along the lines of the above may sometimes (but not always) enable you to avoid court and a potential criminal record.

If the TOC decide to prosecute you then you have a few options:

1) Defend your case in court by pleading not guilty. You'll need to be able to defeat the evidence that the prosecution will bring against you. Further if you're found guilty you'll not only face a fine and potentially a criminal record but also the other sides costs (you would also lose the advantage in sentencing of an early guilty plea potentially reducing the fine).

2) Plead guilty and accept a fine and potential criminal record.

3) Write directly to the TOC apologising for your actions and offering to pay the fare outstanding and whatever costs they've incurred so far. They may opt to accept a payment from you directly and avoid court or they may wish to proceed to court.

Finally, and especially if they do take you to court, you should strongly consider seeking professional legal advice even if it's only a 30 minute free consultation. Whilst specialists in railway law are available they are not common and charge a great deal for their services. However, a local firm dealing in criminal law defence should be able to provide adequate assistance.

You may wish to consult the Legal section of our Ticketing Guide for more information and with particular reference to this section and this section.

 

[Sl8901]

Thank you I understand how truly stupid I have been I'm hoping they will settle out of court the man did say that it may not lead to a prosecution as it was my first time and he could see how visably shaken I was I'm just terrified I've ruined my life.

 

[headshot119]

Which stop did you say you'd got on at ?

 

[Haywain]

Which stop did you say you'd got on at ?

That's not really relevant, given that the OP has already admitted to the RPI that he actually boarded at Hereford and then asked for a ticket from a nearer station.

 

[talldave]

Don't bother with the emotive language of "terrified" and "panic" in any communication with the TOC. You made a conscious choice to lie which you now regret.

 

[najaB]

I got to Newport and did ask to pay for a ticket from a closer stop in a panic...

It's probably not going to be relevant, but what was the reason for your 'panic'?

 

[headshot119]

That's not really relevant, given that the OP has already admitted to the RPI that he actually boarded at Hereford and then asked for a ticket from a nearer station.

It will effect how the ATW prosecutions team look at the particular case.

A lot of people doing the old chestnut of "Came from Cwmbran mate" are facing RORA prosecutions.

If the OP said he'd boarded at Pontypool, they're more likely to go for a straight bylaw prosecution.

 

[6Gman]

Thank you I understand how truly stupid I have been I'm hoping they will settle out of court the man did say that it may not lead to a prosecution as it was my first time and he could see how visably shaken I was I'm just terrified I've ruined my life.

Take a deep breath. You're very, very, very unlikely to have ruined your life!

A single conviction for a fares issue (and it may well not even come to that) is unlikely to have a severe impact.

 

[Greenback]

It's important to remain factual and not emotional in your dealings with any correspondence if your objective is to try and settle out of court. Think along the lines of I've made a big mistake, I haven't done this before (if that is the case), I'm truly sorry and it won't happen again.

The company won't be interested in reasons or excuses. They will be looking at it from a purely practical stand point. They will be wondering if their interests would be better served by making an example, or by settling out of court. They aren't obliged to settle, but even if they don't, you won't necessarily have ruined your life.