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Will I get a criminal record for train far evasion?

A while ago I was travelling on my usual train to work. There's no ticket machine or staff at my station and no person came around the train so I intended to pay at the destination station. I went up some stairs to get to the cash machine and down once I checked my balance.

Having seen the huge queue for tickets and being late for work, I decided to check the machines. The queue at the machine was also long so I (stupidly) exited the station to get to work, thinking I'd pay on the way home.

I was stopped by a member of the British Transport Police and interviewed. He asked me at least three times if I intended to dodge paying and I said no and explained the above. At the end of the interview he said, because there was no intent, I'd probably get a caution.

Over two months later, I've been sent a summons. It asks for £4.20 + £30 court fees but what really bothers me is not know if I'll get a criminal record.

The summons also states that I '...[travelled between stations] without having previously paid your fare of £4.20 and with intent to avoid payment thereof'

My station doesn't have a ticket machine so I couldn't have paid and even the officer said I had no intent. Part of me want to challenge that but it would probably cost more money.

My main question though is will I get a criminal record for pleading guilty by post just to end this without paying even more?
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Comments

  • Lavendyr
    Lavendyr Posts: 2,610 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Does your station not even have one of those "permit to travel" machines? They are usual at most unmanned stations.
  • Spender wrote: »
    And you really expect a ticket inspector or in fact anyone to believe that you would actually purchase an extra ticket on your way home for the journey you did in the morning.

    Yeah right!!!!!!!!

    10p difference, even if I didn't. I did say stupid, no reason to be a jerk about it.
  • Lavendyr wrote: »
    Does your station not even have one of those "permit to travel" machines? They are usual at most unmanned stations.

    They had a broken down machine for years but they've even removed that now.
  • taffy056
    taffy056 Posts: 4,895 Forumite
    Spender wrote: »
    And you really expect a ticket inspector or in fact anyone to believe that you would actually purchase an extra ticket on your way home for the journey you did in the morning.

    Yeah right!!!!!!!!

    If you are not going to contribute constructively to the OPs question, don't bother posting at all - TROLL!
    Excel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
    They are all or have been suspended from accessing the DVLA database for gross misconduct!
    Do you really need to ask what kind of people run parking companies?
  • DaveF327
    DaveF327 Posts: 1,161 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I'm dying to know: Were you still late for work?
  • DaveF327 wrote: »
    I'm dying to know: Were you still late for work?

    Waaay late, interviews aren't quick.

    Anyone have any idea on the topic?
  • no1catman
    no1catman Posts: 2,973 Forumite
    Part of the Furniture 1,000 Posts I've been Money Tipped!
    Even a 'caution' maybe considered a criminal record.
    Some jobs may include the question about convictions and cautions, excluding traffic offences. I don't think this is the latter.
    Sometimes, the immediate need, overwhelmes the downside. Sadly, you should have waited ....
    Get legal advice, i.e. is it possible to plead innocent and win!??
    I used to work for Tesco - now retired - speciality Clubcard
  • Jacey53
    Jacey53 Posts: 292 Forumite
    Home Insurance Hacker! Cashback Cashier
    Hi - I think you need to take legal advice

    If you have been sent a summons with a court date on then a criminal prosecution has started - so in that case if you plead guilty you will have a criminal conviction.

    If you plead not guilty then the case will be adjourned for trial. If you are convicted you will have a criminal conviction. If you are aquitted you will not. I assume from your post that you admit that you travelled without a ticket? If so, it is only the intent that could be in dispute - but do check that.

    You need to check the papers you have received - don't just ignore the date as the case could be proved in your absence (I think - I'm not always sure which offences this applies to).

    A legal rep will be able to advise you on whether a caution could be proposed, and the suitability of a simple caution or conditional caution to your circumstances. It may have consequences for your employment etc

    Try citizens advice first? or a quick talk with a criminal lawyer?
    Sealed Pot challenge 2011 member 1051 - aiming for £365
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  • Jacey53
    Jacey53 Posts: 292 Forumite
    Home Insurance Hacker! Cashback Cashier
    Sorry - I've repeated Catman - who must be a faster typist that I am:rotfl:
    Sealed Pot challenge 2011 member 1051 - aiming for £365
    Frugal living challenge 2011 £4044 or less!
    Make £11,000 in 2011 £0/£11,000
    Planning a hand-made Christmas 2011
  • anewman
    anewman Posts: 9,200 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Sadly I believe you should have queued to buy the ticket. By exiting without paying it looks very much like you intended to travel without paying. Same sort of rule applies to thieves. They're ok sticking CD's in their bag in HMV, but the security guards will watch them, but they can only act once they exit the store as that means they do not intend to pay for the goods.

    I'm not trying to compare you to a thief (I can understand your position) but merely trying to open your eyes to the way it may be seen in court. By all means use all points to your defence possible, I would mention the long queue only alongside stating that you now realise it was not a good enough reason, and apologise profusely for not paying. Remember it could easily be believed that this is not the only occasion you travelled without paying, and this is the first time you were caught.
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