Intention to prosecute?

Shamrock87

Hi, I was just looking for some advice about an 'intention to prosecute' I've just received for a journey I made about a month ago.

I bought my ticket from Kings Cross, went through the barriers and boarded the train. During the journey there was a ticket inspector on the train. I took my ticket out of the place I usually keep it (my Oyster card holder) to show it to the inspector and obviously didn't put it back. When I got to the station I was travelling to (Royston) I found I didn't have my ticket and approached the man at the barriers. He offered to let me pay a fine of £40, which I didn't have at the time. End of the month ect. He took my details and one month later I have this letter!

I have my bank statement to show I bought the ticket, there was an inspector on the train (although I asked when I got to the station and apparently they don't keep records of who was on what train!) and it was a non stop service, so I had to have passed through barriers to get onto the train and knew there were barriers at the station I was travelling to.

I've googled the consequences of this being taken to a magistrates court and lots seem to mention the possibility of a criminal record. I'm wondering how likely this is. My job (and any job likely to get in the future) require me to have an advanced CRB check. I'm concerned that me loosing a ticket will result in me losing my job and/or impact on any job I'm likely get. Sorry for the lengthy post, but I'm very, very worried about this.

London50

I am sorry to say that is more than likely as far as I understand the way the train companies work that you could get a criminal record. You were offered the chance of paying a penalty fare but did not do so {reasons understandable but not excepted by the train company}. You have {as far as I read your post} made any effort to contact the train company to pay the penalty fare so they are now upgrading it to fare dodging that more than likely will end up in the courts and a fair chance you will loose and get a criminal record.
I am sorry that this has happened to you but as you had a chance to contact the rail company to pay the penalty fare but did not do so the action they are taking is correct.
I am no expert on these things but have read many posts with people that are saying the same as you and have seen the replies

Shamrock87

I couldn't pay at the time (for reasons I explained above). I wasn't given any information about paying the penalty fare afterwards, the options were pay now or have my information taken. The man at the station took a 'statement' and told me to wait to hear from the train company. I wasn't even given any receipt or information, the only thing I left with was a photo I took in my phone of what he had written down. The first I've heard from them is a letter stating their intention to take me to court.

London50

I personally have no doubt that what you are saying is true but it is not this forum you need to convince it will be a judge if it goes to court. the only thing I would suggest would be to phone the train company and explain to them and ask if you can pay the penalty fare. They may agree but it is now down to their goodwill

Shamrock87

It just seems to have escalated *incredibly* quickly. I'm a bit terrified/amazed at the repercussions of not putting my ticket back in my bag.

London50

I can understand just how you must be feeling and I am sorry for the position you have found yourself in. As I said try phoning them and see what they say, I know it is a worrying time but they could look in a favorable way towards you but until you try you will not know.
Good luck and I hope things go your way.

Shamrock87

Thanks, I appreciate the advice!

katejo

If I found myself in a situation similar to this (where I knew that I had paid for my ticket and had either lost it or been pickpocketed or accidentally left a travelcard at home - just examples), I would be very tempted to give a false name and address. Do the inspectors ask for proof of address? I wouldn't have such proof with me.
When I leave home in the morning or get off the train at the other end, my hand goes into my pocket to check that my Oystercard is there. On a longer journey I check tickets several times over!

I hope this case gets resolved without prosecution. I obviously couldn't work as a ticket inspector. I would want to give some passengers the benefit of the doubt, depending on circumstances.

fred246

More criminals. Don't people understand that if you travel on a train you need to buy a ticket and keep it with you? If you can't do that then don't travel on a train. It's obvious with all the criminals posting on this forum that if the ticket inspectors accepted silly excuses then none of them would buy a ticket.

JimmyTheWig

Shamrock87 wrote: »

I couldn't pay at the time (for reasons I explained above). I wasn't given any information about paying the penalty fare afterwards, the options were pay now or have my information taken. The man at the station took a 'statement' and told me to wait to hear from the train company. I wasn't even given any receipt or information, the only thing I left with was a photo I took in my phone of what he had written down. The first I've heard from them is a letter stating their intention to take me to court.

Does anyone know if that is what they would have meant by "wait to hear from the train company"?
Or would they have meant that the train company should have been in touch so the OP could pay the fine without going to court?
Should they have offered the OP an alternative way of paying?

[E.g. I crossed the Severn Bridge into Wales with no cash once (never again!) and was given paperwork to pay by post (crossing fee plus £5 admin fee) within 14 days or they would fine me something horrendous. It seems unduly harsh on the OP that they are going to be prosecuted basically for having no access to cash at that minute.]

wealdroam

Shamrock87 wrote: »

He offered to let me pay a fine of £40, which I didn't have at the time. End of the month ect.

Sorry, not much help now, but couldn't you have paid that £40 using a credit card?

Perhaps you could've suggested making a part payment that you could afford?