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need help - just had caution, don't know what to do?
Ah, I’m really panicking as have just been cautioned for intending to travel beyond my destination and am not sure what to do.
Early in the morning, was in a rush for the train (plus also stressed as could not find travel photocard, which I’ve also now lost) and accidently pressed the wrong destination on the train ticket machine, selected a return ticket, paid and got on the next train.
I only realised I’d got the wrong ticket when I reached my destination, so walked towards the ticket office to get a proper one, this is when I saw police with inspectors checking tickets. I completely panicked, back tracked, tried to look for another ticket machine and was then stopped by one of the inspectors who grabbed the ticket I had off me, didn’t even wait for me to explain and took me upstairs to the ticket office.
He asked me for id but all I had was a bank card, he then asked for my name, DOB and address when I gave correctly. He checked the address which didn’t match as I’ve only just moved and so I gave him my parents as well.
He then got out a form, which had four questions on it. The first 3 related to whether or not I actually had a valid ticket, which I didn’t, so I said YES, I didn’t have a ticket to travel to this station and the 4th question was had I intentionally tried to carry on my journey. I said NO, which he then wrote down, but then he re-phrased the question and said something like so you’re saying that you haven’t travelled further than the destination on this ticket’ I replied that I obviously had travelled further and he then wrote a YES for question 4 with a little note underneath the NO.
He then told him to sign the form, without showing me, which I did. He then cautioned me (although from what I’ve read, he didn’t tell me that I could leave if I wanted to or that I was entitled to a solicitor) and told me he was putting me forward for prosecution!
I generally do not like confrontations and so had so far not really made a scene but when he said this I started quizzing him about what this meant and what would happen. He replied that you’ll get a letter in the new few weeks and probably end up with a fine and that I could now go now.
I am now really worried as I really can’t end up with a criminal record, I was looking to emigrate in the future and it could also severely affect my career, which I have read is the what most people end up with.
Please can anyone help advise what to do? Nothing like this has ever happened to me before!
I’ve heard that some people have ‘settled’ out of court. Has anyone actually done this, if so after the initial letter or after the court summons has been sent?
Should i see a solicitor straight away as i knwo they can be v.expensive?
Is there anybody that has not been able to settle out of court? I really don’t mind paying any fees, I’m just s**t scared of getting a criminal record and wrecking my life by doing this idiotic mistake!
Re: need help - just had caution, don't know what to do?
A little more clear information, without being case specific would be helpful. I find it difficult to give accurate help in advising on this one as your story is somewhat sketchy.
For example, which rail company were you on? It will have a bearing on what you might expect.
What type of ticket had you bought? Return, single or what?
Why is your reference to a travel photo-card relevant? If you'd only bought a single or ordinary return ticket you don't need one.
I assume that by 'I've just been cautioned' you mean that a reporting inspector cautioned you before asking you some questions?
If so, I would wait until you get a letter from the rail company explaining what it is they have alleged that you have done and then send a truthful reply.
If you can answer some of the questions I have asked above, maybe we can give you a little more guidance, but it would be foolhardy to try to give specific answers on the basis of what you have told us so far.
From what you have said thus far it seems that you bought a ticket for a journey shorter than that you intended to make and when you saw a ticket check taking place you turned away and attempted to avoid being checked. That suggests the serious charge of intending to avoid a fare is a likelihood.
When you get a letter, the rail company should tell you what you are being accused of.
Re: need help - just had caution, don't know what to do?
Originally Posted by Boda123
Sorry for the lack of detail, am still in shock of all of this!
The train company is FCC and yes, i mistakenly bought a return ticket to a destination shorter than the one i made.
if the letter i get does involve the serious charge of intending to avoid a fare then what would be my next step.
I definately was going to write a reply to the letter apologising and saying what happened but is this likely to be taken any notice of?
What would you suggest my next step should be?
Thanks for your advise
I am sorry if this isn't the answer you were hoping for and I stress that this is my personal opinion, but so far as I can see you have very little chance of convincing anyone that your actions were honest.
I have a lot of decision making experience in whether or not to prosecute similar cases (not with FCC I hasten to add) and for what it's worth I do expect that you will receive a Summons.
If you do, you can plead 'not guilty', go to court and try to convince the Magistrates that you made an honest mistake, then panicked on seeing the check taking place and that you acted irrationally in trying to avoid it.
The prosecution will attemt to prove that you bought a short ticket with the intention of avoiding a fare and further compounded that by trying to avoid the inspectors on seeing a check taking place.
Given that you have to make a number of specific press-button choices to obtain a ticket from a self-service machine, I suggest the latter view will succeed. Furthermore, if you had honestly made a mistake, would it not be more likely that you would have approached the ticket inspectors and immediately offered your explanation? Attempting to avoid them suggests otherwise.
I never advise anyone to plead guilty if they genuinely believe that they have done nothing wrong, but whether or not you were taking a chance, why not write a letter of apology.
You should acknowledge your error and offer to pay the fare and any reasonable costs incurred by the rail company and ask them to consider settling this matter without proceeding to Court action.
They don't have to agree, but in my experience the rail companies generally want to minimise their costs & workload too. They may say no and proceed to prosecution, but you lose little by writing that letter and stand to gain considerably by avoiding a conviction and hefty fine if your request is successful.
Re: need help - just had caution, don't know what to do?
You could engage a solicitor, but if you haven't actually had a letter from the rail company yet why would you want to add any unnecessary expense if you can avoid it?
Wait until you get their letter then, if you are saying that you accept you did wrong, writing a personal letter, sticking to the facts and asking the rail company to see this as a one-off error of judgement that will not be repeated is your best bet.
Mitigate this by offering to recompense their fare loss and the administration costs that they have incurred will be the option most likely to succeed.
It is also the cheapest option for you and if accepted by FCC, means you do not risk a record of conviction.
You can still consider going to a solicitor later if FCC say no to your settlement offer.
Re: need help - just had caution, don't know what to do?
FCC have just employed/reassigned a group of bully boys into a special plain clothes team to target the revenue dripping out of various places.
FCC are known to prosecute heavily, however they are also known to accept offers if it means easy cash for them. admin is around £125, plus cost of fare, plus £20
Re: need help - just had caution, don't know what to do?
Just wanted to wrap this one up.
I recieved a letter from the train company stating that they would be willing to end the matter if i paid a one off charge of about £40 which was the cost of travel plus admin costs.
I am very relieved this is all over but also confused at the lack of consistency between penalty fines/one off charges/court summons handed out
Anyway, special thanks to everyone who provided me with advice
need help - just had caution, don't know what to do?
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Originally Posted by Boda123
