wise advice please

[gingerbeer]

My son has received a notice of intention to prosecute for non production of a ticket. He says he lost it but frankly I have my doubts. My instinct is that he should write back on the form they've provided with the letter to say he did get on the train without the ticket, he's really sorry and ashamed and he will never never do it again, please would the train authorities consider an out of court settlement. I believe that's the best thing to do. I realise that he may still be prosecuted and would be found guilty. Stupid boy. Any wise advice most gratefully received. Thank you.

 

[CheesyChips]

Where did he board the train and where was he travelling to?

Is your son a child or an adult?

Is there any mention of which offence they are looking to prosecute him for? Look for words like 'byelaw' or 'regulation of railways act'. I would imagine it's a byelaw offence given what you've already said.

Which company has sent the letter?

Out of court settlements are indeed possible but it's entirely at the discretion of the train operating company. It is always best to come clean in your reply and acknoweldge that he has broken the law and has learned from this experience not to do it again.

 

[najaB]

I believe that's the best thing to do. I realise that he may still be prosecuted and would be found guilty. Stupid boy. Any wise advice most gratefully received. Thank you.

If he travelled from a station where there was either an open ticket office or a ticket machine that he could have used then it is highly likely that he will be found guilty if it goes to court.

If that is the case then it would be best to seek an out of court settlement.

 

[DaveNewcastle]

If the passenger was under 17years and 6months and the incident occurred in England or Wales, then he is very unlikely to face a Criminal Prosecution (which would be in the Youth Court) - I would expect there to be aggravating factors for that to be progressed against him.

If over 18 when the Summons is issued and the incident occurred in E or W, then he will probably be treated like any adult ticketless passenger. Some rail companies are much more willing to agree a pragmatic, administrative disposal than others; but it is a possibility with all of them if there is no past history nor any other complaint against him.

Your suggested points to make in a wriiten response are very appropriate. If you are assisting him in writing it, then you could suggest that he clarifies his age and his status as a child living under his parent's guardianship. If you are writing on his behalf, then please make that very clear.

Hope this helps.