I am being Criminally charged for sitting in an empty seat on a crowded train!

Criminality

I have been a commuter between Chelmsford and Liverpool St. for many years. The trains have always been overcrowded, late, dirty and unreliable. The cost of commuting has spiralled out of control, way ahead of inflation and my earnings.

In March of this year I was returning from a long day in the city, and boarded an overcrowded National Express train. There were no available seats in standard class, for which I have a season ticket, and as I was not feeling well, I decided to use one of the many empty seats in the first class section of the the carriage. Prior to this I had checked on the National Express website using my mobile to see what penalty this offence carried. It clearly stated, and still does to this day, that I would be charged twice the single first class fare as a "penalty fare". This I considered acceptable as there was no way I would be able to purchase an upgrade from the ticket office at Liverpool St as it is always overcrowded in rush-hour.

During the journey the Transport Police boarded the train and took my details. I offered to pay the penalty fare, but they informed me that that would not be possible as "it is now a police matter."

6 months later I am now being pursued through the Magistrates court, and facing a criminal charge along with a £370 fine!! I cannot afford legal advice, nor the £370 fine, and I do not want this criminal charge against my record, yet I feel powerless to do anything about it.

I cannot believe that I am being labelled "criminal", a charge I would associate with serious crime, for simply taking an empty seat on an overcrowded train. The punishment does not seem to fit the crime, nobody was put at risk or injured. Everything I have read in the Passengers Charter and on the National Express Website says that I should have received a Penalty Fare.

I am required to be registered with the FSA for my job and they require to be notified of any criminal charges that an individual receives. This could cost me my income! Surely that is not proportional.

Somebody please help, what should I do?

Livingthedream

Unfortunately this is a well known offence and an easy target for Railway revenue protection staff, have a read of the links I've provided from the CAG Forum, these are just a selection of a few from the first 4 pages of the forum. They might give you some info to help you with your case. But my advice would be to repost on the CAG Forum and the RailUK forum as see what people say over there.


http://www.consumeractiongroup.co.uk/forum/showthread.php?319693-FCC-in-first-class-with-standard-class-ticket
http://www.consumeractiongroup.co.uk/forum/showthread.php?310004-FCC-Prosecution-First-Class
http://www.consumeractiongroup.co.uk/forum/showthread.php?311733-FCC-First-Class-Court-Case
http://www.consumeractiongroup.co.uk/forum/showthread.php?315884-Being-prosecuted-for-sitting-in-first-class-with-standard-ticket-help!

bigjl.

Criminality wrote: »

I have been a commuter between Chelmsford and Liverpool St. for many years. The trains have always been overcrowded, late, dirty and unreliable. The cost of commuting has spiralled out of control, way ahead of inflation and my earnings.

In March of this year I was returning from a long day in the city, and boarded an overcrowded National Express train. There were no available seats in standard class, for which I have a season ticket, and as I was not feeling well, I decided to use one of the many empty seats in the first class section of the the carriage. Prior to this I had checked on the National Express website using my mobile to see what penalty this offence carried. It clearly stated, and still does to this day, that I would be charged twice the single first class fare as a "penalty fare". This I considered acceptable as there was no way I would be able to purchase an upgrade from the ticket office at Liverpool St as it is always overcrowded in rush-hour.

During the journey the Transport Police boarded the train and took my details. I offered to pay the penalty fare, but they informed me that that would not be possible as "it is now a police matter."

6 months later I am now being pursued through the Magistrates court, and facing a criminal charge along with a £370 fine!! I cannot afford legal advice, nor the £370 fine, and I do not want this criminal charge against my record, yet I feel powerless to do anything about it.

I cannot believe that I am being labelled "criminal", a charge I would associate with serious crime, for simply taking an empty seat on an overcrowded train. The punishment does not seem to fit the crime, nobody was put at risk or injured. Everything I have read in the Passengers Charter and on the National Express Website says that I should have received a Penalty Fare.

I am required to be registered with the FSA for my job and they require to be notified of any criminal charges that an individual receives. This could cost me my income! Surely that is not proportional.

Somebody please help, what should I do?

Pay up and abide by the rules next time.;)

forgotmyname

I always thought you could upgrade on the train? Shows how often i use trains.

Wouldnt a decent lawyer get you off on this? You got on a train and there were no seats you had no option
to purchase an upgrade on the train. Unreasonable terms?

Deliberately overcrowding the train in the hope people would assume you could upgrade on the train and fine them instead.

Humphrey10

forgotmyname wrote: »

I always thought you could upgrade on the train?

Well last year I upgraded almost every week from a standard Anytime ticket to first class without any problems, I did this about 30 times. I always sat in first class, then when they came round to check tickets I said I wanted to buy an upgrade. I never had to pay a penalty fare (despite travelling from a penalty fare station) and I never got prosecuted for fare evasion. A few times when it was really busy they let me sit in first class for free.

I guess it depends on how you treat the train crew?

Hammyman

Humphrey10 wrote: »

I guess it depends on how you treat the train crew?

They work in the city. Do you really need to ask how it went?

Lum

Do you have any evidence of your illness, such as a sick note covering the period immediately after the train journey in question? If you took time off work then HR should have this on file.

Not saying it will help in court, but it might.

vax2002

Listen, do you intend to enter a guilty plea. ?
Might save everyone some time if you state this before they dig up defences .

Tucker

Basically, your job is at risk and you don't think that's worth pulling out the stops to obtain legal advice?

Have you seen someone on a free initial consultation?

You won't solve this on a forum. Sacrifice what you have too and get a legal representative otherwise you've no hope of avoiding prosecution.

They maybe able to negotiate a non criminal outcome.

jamespir

sorry im confused Were you asked to move or did the police just find you in first class

you need to find a solicitor cause other wise youll be screwed oak

Owain_Moneysaver

Penalty fares are an option the train company can use instead of prosecution, in PF areas. They always have the option to prosecute if they wish.

Transport police cannot (AFAIK) issue penalty fares, so they will prosecute.