Will I get prosecuted?

[acidicpyramid]

I was issued with a penalty fare today for travelling without a ticket between Redditch and Longbridge by West Midlands Railway (I got asked for my first initial and surname by the collector). Last year I got issued two £20 fares and was threatened with prosecution by the old company which ran the railway, London Midland. I called customer services twice. One advisor said that I shouldn’t be worried as I had paid the fines there and then. The other advisor said that as the old fines were given by London Midland then it doesn’t matter. I’ve tried calling West Midland Railway prosecution office but no one picked up. Will I get prosecuted? I am really worried.

 

[bb21]

I was issued with a penalty fare today for travelling without a ticket between Redditch and Longbridge by West Midlands Railway (I got asked for my first initial and surname by the collector). Last year I got issued two £20 fares and was threatened with prosecution by the old company which ran the railway, London Midland. I called customer services twice. One advisor said that I shouldn’t be worried as I had paid the fines there and then. The other advisor said that as the old fines were given by London Midland then it doesn’t matter. I’ve tried calling West Midland Railway prosecution office but no one picked up. Will I get prosecuted? I am really worried.

No, if you paid the Penalty Fare then that is the end of it.

 

[gray1404]

Agreed. If you have paid it that is the end of it. If you were issued with one today and did not pay it there and then, pay it within 21 days and that too should be the end of it.

You might not be so lucky next time. The train company is entitled to cancel any PF and take further action against you. In short, start buying a ticket like most other people!

 

[MichaelAMW]

To add to the advice others have give, you would do your pocket and your anxiety a favour by simply always buying a ticket before you travel. The fare is only a fifth of what you had to pay. You have been caught three times already and I would hazard a guess that on other times you weren't. A pattern of behaviour such as this is a useful pile of evidence for taking you to a prosecution.

 

[gray1404]

London Midland was/and West Midland Trains could remain very prosecution adverse. The OP sounds like one of these people who think it is cheaper to bunk the train and just pay the £20 when they are caught. There are many people on Merseyrail who do the same, with ticket checks so rare they will just pay the £20 when caught.

If the TOC was use the "pile of evidence" for prosecution I believe they would have to bring a caught action within 6 months of the date of each offence they wished to try for (although it might be longer us using the Regulation of Railways Act - I am not sure) plus they would have to cancel and refund the Penalty Fares.

I know it has been said that a Penalty Fare can be cancelled but doesn't this act as an out of court settlement. i.e. once paid can it really be refunded and cancelled in order to bring about a prosecution?

 

[najaB]

I know it has been said that a Penalty Fare can be cancelled but doesn't this act as an out of court settlement. i.e. once paid can it really be refunded and cancelled in order to bring about a prosecution?

In theory, yes. Though in practice I suspect it very rarely happens. The key difference between a Penalty Fare and an out of court settlement is that paying the PF is an admission of guilt.