Prosecuted by Xcountry despite having valid ticket

jackpease

Hi, i've tried googling this one but can only find questions where someone hasn't bought ticket, or involving penalty fare.

I was travelling X country on an e-ticket, which involves printing out barcoded ticket(s). I printed out e tickets, and x-country email receipt, and on the return leg when asked for ticket realised i'd thrown away the return barcode and kept the outgoing one.

I was sitting in my reserved seat, as confirmed on the email, not disputed by ticket inspector. The ticket inspector also didn't dispute i had bought a valid ticket, but said that as i didn't have the correct piece of paper, i need to pay. I chose not to as the inspector started saying i was evading the fare, which really annoyed me as i am 50 yrs old and have never evaded a fare in my life, and had paid for a ticket, so gave my name and address without a fuss.

I am being prosecuted despite confirming the proof of purchase, all in my name, I even showed the ticket inspector that the ticket matched my credit card, as is required, etc etc. What are my chances if i got to court and argue this one? If found guilty, what are the consequences? many thanks

wealdroam

The best advice I could offer would be to post on the Rail UK Fares & Tickets forum.

There are industry experts on there who will be able to help you.

It_can_get_better

I guess they could claim you gave your ticket to someone else?

dzug1

You are not being prosecuted for not having a valid ticket - you are being prosecuted for failing to produce a valid ticket

There's a world of difference and there's no actual defence to the charge - just a plea for mitigation of the consequences

yorkie2

What offence exactly are you being prosecuted for? This is crucial....

Livingthedream

Have they definitely stated that your getting prosecuted or have you just received the 'Intention of Prosecution' letter asking for your statement of facts?

jackpease

Thanks for these replies.

As i was sitting in my reserved seat, as per ticket *receipt* which i produced and was accepted, and showed ticket *receipt* for my (short) journey, and the lady said it was fare evasion and i was approaching my stop, i just said i couldn't paying, gave my name and address politely and got off.

I appreciate this is a technical offence, it is a failure of showing a valid ticket, Byelaw 18 (2005), which of course i am technically guilty of.

They want my (further response), my initial response being that i had a valid ticket and that i didn't feel it necesary to prosecute me further.

Is offering to pay the full fare (about £18 -please note this is nothing to do with penalty fares) going to make this go away? There doesn't seem to be any suggestion of settlement, they just seem to be saying 'we know you paid your fare, but didn't show the actual ticket stub, so we're gonna take you to court and we're not interested in settling'.

What's the sense in that for them - I was annoyed at the time but now happy to settle, but not being allowed to. What is the tariff for a guilty plea for technical failure to show ticket offence? What is the chance of arguing unreasonableness by refusing to settle and clear proof of purchase of ticket by showing ticket receipt? What if i am then found guilty, what is the tariff for that?

tia

jack

HappyMJ

I would choose to go to court and defend it. I think your chances are reasonable and if not it's only a civil matter so no detriment to yourself either way.

Notmyrealname

jackpease wrote: »

Is offering to pay the full fare (about £18 -please note this is nothing to do with penalty fares) going to make this go away?

With other offences it doesn't. The only thing you can do is make the offer, give your explanations and see what comes in the post.

vax2002

The only thing that will make this go away, is to wait for them to issue a summons for court, turn up and present your tickets.
You do not have to provide any other information that may incriminate you.
Until we know with what offence you have actually been summonsed then any advice is of little use, we would also need to know what you signed on the day as it would constitute a contract of confession.

jackpease

Thanks people, the offence is "I appreciate this is a technical offence, it is a failure of showing a valid ticket, Byelaw 18 (2005), which of course i am technically guilty of" but i thought this is NOT a civil matter, which would be arguable (I thought that when i declined to pay on the train), I now believe it is a criminal offence, and not arguable - unless any people here know of what magistrates actually do when they have a person standing in front of them waving proof of tickets purchased online, a month before the event, balding, inoccuous 50 years old and no previous!