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Train Ticket fine, very worried :(

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Comments

  • Don't boil your woollens.
    I could dream to wide extremes, I could do or die: I could yawn and be withdrawn and watch the world go by.
    colinw wrote: »
    Yup you are officially Rock n Roll :D
  • Never meddle with gunpowder by candlelight.
  • jimbms
    jimbms Posts: 1,100 Forumite
    Don't eat yellow snow
    Approach her; adore her. Behold her; worship her. Caress her; indulge her. Kiss her; pleasure her. Kneel to her; lavish her. Assert to her; let her guide you. Obey her as you know how; Surrender is so wonderful! For Caroline my Goddess.
  • Sandoval
    Sandoval Posts: 903 Forumite
    Don't buy child's tickets when you're an adult.

    Oh wait...
  • elliff
    elliff Posts: 6 Forumite
    Travelling on the train with the intention of avoiding the "correct" fare is a criminal offence.
    You can be prosecuted under the regulation of the railways act 1889, some toc's also use the theft act or prosecute for fraud.
    Regs of the railways is the common one though.
    Punishment is a fine up to £1000 and/or a prison sentence of up to 3 months.
    By buying a child ticket you have shown clear intent to avoid the correct fare. It will go in your favour however that you admitted it, they would still prosecute if you tried to wriggle out of it.
    If you are convicted you will have a criminal record.
    To make it clear for those who do not understand, there is a clear distinction in railway law - travelling without a ticket is a civil matter (i.e penalty fares, byelaw offences), travelling without a ticket, with the INTENTION of avoiding your fare is a criminal offence.
    I believe all toc's use their own prosecutions teams - I believe they used to use the cps but there were problems with that system.
    The realistic outcome, in my experience depends on your previous record with the train company.
    If you have no record of not buying a ticket (never been issued a Penalty fare) then I would suggest a fine between £50-100 with cost £50-100 plus the fare you avoided. It depends on the magistrate.
    If you have a clean record with the toc, never been issued a penalty fare then it may be possible to negotiate with the toc. All the toc recieves from any conviction are costs and the fare - the tocs do not get the fine.
    So realistically the toc will get £100 + the fare.
    If you have no record with them it may be possible to negotiate with them. Offer them what they are likely to get out of it £100 + the fare not to prosecute, along with an apology. A lot of tocs will accept this, I cannot stress strongly enough ONLY if you aren't known to them.
    If you have a number of previous Penalty fares they will prosecute you regardless, provided they have the evidence.
    Don't plead poverty to the tocs, they won't care. You broke the law, if you cannot offer them something to make up for that not to prosecute then they will take it to court just to get the conviction.
  • david39
    david39 Posts: 1,968 Forumite
    I think eliff's suggestion is sound in principle.

    However, I wouldn't offer an exact sum of money as it may either be far too much or far too little in their opinion.

    I think you should go along with the eliff's letter sentiments but say in order to avoid the time, costs and possible resultant penalties you will offer the fare plus whatever they consider their costs-to-date are.

    This then puts the onus onto them to come up with a sum (which may be more, or less, than £100) but will indicate to you whether they are willing to negotiate or not.

    If the sum is outrageous then you just let them go ahead with the prosecution; if it is acceptable to you then you have achieved a fair solution; if it is somewhere in between, you might decide to go back to them with a lower offer and test whether they will negotiate.

    If you do settle this way, submit the money by cheque with a covering letter making sure that you state that the money is sent on the understanding that this is a full and final settlement and that they will not be progressing prosecution. That way, if they cash the cheque, they will be legally bound to accept those terms.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Never meddle with gunpowder by candlelight.

    Don't accept maltesers from an old lady in a hospital.
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