Fare Evasion Prosecution - Avoiding Court

BlueCreek

Hello,
I recently received a prosecution letter from Northern Rail regarding fare evasion. I do not normally travel this this station, and with the train being 30 minutes late and there being no where to purchase a ticket from before arrival. In a hurry I stated the wrong train station. I can only put it down to confusion.

I would really like to settle this before it reaches court as this will lead to a criminal record.

I am after any advice regarding this as to avoid a criminal record. Will responding to this letter asking for an out of court settlement be enough to avoid this going any further?

Thanks for your replies.

HappyMJ

To avoid court you need to pay the penalty fare which is a civil procedure and not criminal.

Avoiding a fare on purpose and it might go to the magistrates court without the offer of a penalty and then you risk a criminal record.

yorkie2

BlueCreek wrote: »

Hello,
I recently received a prosecution letter from Northern Rail regarding fare evasion. I do not normally travel this this station, and with the train being 30 minutes late and there being no where to purchase a ticket from before arrival. In a hurry I stated the wrong train station. I can only put it down to confusion.

Oh dear, that could be seen as a demonstration of intent to avoid payment of the correct fare; presumably the fare from the wrong station was lower.

BlueCreek wrote: »

I would really like to settle this before it reaches court as this will lead to a criminal record.

I am after any advice regarding this as to avoid a criminal record. Will responding to this letter asking for an out of court settlement be enough to avoid this going any further?

Thanks for your replies.

What does the letter say? Northern Rail are generally keen to settle out of court, often for £80 depending on the circumstances and available evidence.

yorkie2

HappyMJ wrote: »

To avoid court you need to pay the penalty fare which is a civil procedure and not criminal.

The OP has not been issued with a Penalty Fare; Northern Rail do not operate a Penalty Fares scheme.

It is a potential criminal matter, and Northern appear to have evidence of a possible breach of the Regulation of Railways Act.

More information on railway specific legislation can be found here: http://www.railforums.co.uk/showthread.php?t=71833

BlueCreek

yorkie2 wrote: »

Oh dear, that could be seen as a demonstration of intent to avoid payment of the correct fare; presumably the fare from the wrong station was lower.

What does the letter say? Northern Rail are generally keen to settle out of court, often for £80 depending on the circumstances and available evidence.

I am really hoping this is the outcome, the letter is from the debt recovery and prosecution unit, it is also the same letter they give out for any anti social behaviour, they say I have my chance to explain, and they decide if it then goes to court or I'm fined.

I am just deciding what is the best thing to say to get an out of court settlement.

I am hoping the detail it goes into about legal proceedings is due to other offences such as violence on a train which they would also use this letter for, and not fare evasion.
I am dreading any criminal records due to my job, I am contracted and not permanent in my position, so risk losing my job over basically £2.

al69

Your best bet is to offer them an out of court settlement for their inconvenience you have caused them etc. I wouldnt have thought £80 would be enough as they will be getting that anyway, think more like £300-400 or take your chances in court.

It is a criminal offence and what a lot of people dont realise is there is a national database of offenders.

I used to be a ticket inspector and we referred to the database checking the offenders details and if they had any other offences within the last 12 months anywhere in the country then it was instantly referred to the prosecutions department for their consideration.

I often caught people in london who had previous offences up north etc.
Certain offences are seen as deliberate evasion and again elevate to court action.

Bobcrowther

OP - your story doesn't add up.
You were caught in a "sting" - a station that you claimed to board at was fully barriered - no one was allowed to board there without a ticket. Fraud/revenue officers were then present at the alighting station and were looking for anyone who claimed to have boarded at the fully barriered station as above.
Thing is, they give you a chance to be honest - you'd have said "oh, a single from x station", the ticket seller would have said " x station, sir?" - that was your get out. But you continued to lie and they got you bang to rights. You stated the wrong station twice, or at least agreed to your first lie.
Contact Northern and ask them to settle out of court, but they may well want to make an example of you.

yorkie2

BlueCreek wrote: »

I am really hoping this is the outcome, the letter is from the debt recovery and prosecution unit, it is also the same letter they give out for any anti social behaviour, they say I have my chance to explain, and they decide if it then goes to court or I'm fined.

Only a court can issue an actual fine.

We'll see, but as it's Northern, my bet is on an £80 out of court settlement (which, I guess, is what you are referring to? It's not a fine, though I can see why people might call it that).