Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I'm wondering if you can offer some much needed advice!
Whilst on a night out in london, I lost my purse which had my bank cards, cash and tickert inside. Being late at night and a lone traveller, I boarded a train home with the intention of explaining the situation to the conductor (if I happened to run into one, if I'm honest!) and hoping I would be issued with some sort of I.O.U to the train company (FCC) Having not been in this situation before and having never evaded fares before,I thought I might get some sort of penalty notice for this,£20 perhaps......
As my luck would have it, I was asked to produce my ticket, which of course I couldn't. I explained the situation about having lost my purse but as I had no other means to pay for the ticket, was questionned (MG11 form?) and told that I would receive a letter in the post. I perhaps, naively, admitted that I had intended to board without a ticket and without the means to pay for it! D'oh!
I did receive the letter and was told to prove that I had lost my purse. My overly useful bank wouldn't provide me with a letter so all I could do was reply explaining that I wa happy to pay the fare if given the oportunity but unforutnaltey had no means to prove that I had lost my purse / cards/ticket etc...
I have now received summons to court for this which I am extremly worried about. I have no probelm in admitting I was wrong to board the train without the ticket but feel the situation I was in left me with little choice! I was polite to the RPI and answered all her questions without hesitation.
I would appreicate some advice on how I should proceed now; I am planning to plead guilty with mitigation.
With my bank letter to prove I cancelled my card at 1am that morning,do you think the court will look kindly on my situation?
Re: Court date for no ticket due to lost purse! Help!
"I perhaps, naively, admitted that I had intended to board without a ticket and without the means to pay for it! D'oh!"
From your description of the event you have truthfully admitted that is what you did.
Having signed an admission that you intended to avoid a fare and the fact that you knew that you did not have a ticket or, means of paying, I have to say it is very likely that you will be convicted if this case proceeds to court.
Travelling home from London on FCC means that you have started a journey at a main London station and there would have been someone there to ask for assistance, but it appears that you did not do so.
I know it might seem harsh, but like it or not, if we get stuck without money or ticket, we cannot just jump on a train and hope to get off without paying without facing the inevitable consequences if we get caught..
I strongly suggest that before entering your guilty plea with mitigation, you write to FCC prosecutor's office and ask if they will alow you to pay the fare and their costs so far to protect your good name.
They may say 'No', but you could then show any Magistrate that in addition to your acceptance of guilt by pleading to the charge with mitigation, that you had also made an effort to avoid taking up court time.
Re: Court date for no ticket due to lost purse! Help!
When I lost my handbag a few years ago and reported to the Police I got a permit to travel from them to get me home, do the Police not still do this? or did you not report it?
Re: Court date for no ticket due to lost purse! Help!
The Police have no authority to overrule the rail company's conditions of carriage nor Railway Byelaws, but if the loss of a ticket were reported and the traveller was given confirmation of the report by the police, most right thinking rail staff will act accordingly.
That still does not mean that the rail company cannot pursue the fare, because the law says the traveller must show a valid ticket on demand,
In genuine cases I guess most people will give their name, address and the police / crime report reference, but you might be surprised just how many people come up with that hoary old lost ticket excuse without just cause and intending not to pay.
This excuse is heard a hundred times a day across London and therefore I'm sure most people will understand why the rail companies are justifiably wary.
So far as your question about a record is concerned, yes, there will be a record that a conviction has been recorded although it should not be too onerous for anything other than employments where detailed checks are made.
If you manage to get FCC to settle out of court by accepting a payment to avoid prosecution, then there is no conviction nor record to worry about.
If not and the case goes to court and you are convicted, it will mean that you are likely to be ordered to pay a fine plus the rail company's claim for costs and the fare that was due.
Recently, penalties for conviction for these sort of offences have seen a sharp increase in the amount of the fines imposed by the court so it really is in your best interest to try to get them to withdraw from prosecution.
Re: Court date for no ticket due to lost purse! Help!
I think to paraphrase other excellent advice on this thread and elsewhere the 'key' to being 'honest' in the railways and their agents point of view is to NEVER wait until someone challenges you to produce a ticket/pay if you KNOW you have a problem already, i.e. Guard on a busy intercity train may well have 520+ passengers to see to, (s)he is hardly likely to believe someone that has made no effort to come and see them first, especially if its later in the journey, IME.
As O C has already eloquently said -TOCs and their staff hear these tales every day and unfortunately it does mean that honest customers will get treated in the same manner as fare evaders if there is nothing to distinguish them from the latter.
I always thought that if you lost a purse you had to report this to the police as well as the relevant card issuers?
Re: Court date for no ticket due to lost purse! Help!
I did report my bankcard lost at 1am that morning and have now managed to get a letter from them confirming this including the time and date. do you think this will be of any use?
thanks again for all the sound advice, I will defintiely contact FCC to see if we can sort this out before it goes to court.
Re: Court date for no ticket due to lost purse! Help!
Originally Posted by Amy Loo
I did report my bankcard lost at 1am that morning and have now managed to get a letter from them confirming this including the time and date. do you think this will be of any use?
thanks again for all the sound advice, I will defintiely contact FCC to see if we can sort this out before it goes to court.
thanks
Amy
Yes, make a copy of the confirmation and send it to FCC with your letter.
It might seem obvious, but don't forget to obliterate any card details