My 18 year old son has received a summons to attend magistrates court for unpaid rail fare under byelaw 18.2 section 219. The offence occurred back in March – Cheltenham Gold Cup Day. We live in Cheltenham, he is a student in Cardiff and uses the train regularly.

He bought a ticket at Cardiff Central on the morning in question, he has a bank statement showing the transaction.

Unfortunately he lost his ticket and student railcard on the train, which he didn’t realise until he was stopped when leaving Cheltenham station. He usually keeps his card wallet out on the train ready for inspection – however no conductor came round, and he (stupidly) didn’t put the wallet away again and left it on the train.

When questioned by the inspector he explained he had lost his ticket, she seemed very sympathetic and gave him a TIR, the number for lost property at Paddington and said someone would be in touch if they found it. At no point did she ask him to pay the fare again. He reported the loss to Paddington (where the train was going) but it has not be found.

When we got the first letter from T.I. Ltd we wrote back explaining what had happened and sent a copy of the bank statement. They responded by saying that this was not proof that this was for a ticket for that journey, even though the payment was £12 which was the cost of a ticket from Cardiff to Cheltenham with a railcard. They also stated that he failed to pay the fare when asked, he wasn't asked and on her witness statement the inspector doesn't say she asked him to pay the fare.

He has now received a summons to attend court. I have a three questions:

1. Is it worth pleading not guilty and fighting the charge, or will they just say he is guilty of not having a valid ticket when asked regardless of whether he had at one time had a ticket but lost it?
   
2. If he pleads guilty without attending, will he just pay the £105 + £15? Or will there be a fine on top and will he have a criminal record? He is worried that it will affect his future career in medicine.
   
3. What is a TIR? Can it benefit him in any way to have this?
   
4. Another thing to mention is that you cannot go onto the platform at Cardiff Central without a valid ticket, you have to go through electronic gates - would this make a difference?
   

On the statement is this question asked: Do you have the means to pay the rail fare due?

If you mean on the witness statement from the inspector then no, it just says she asked where he was travelling from and to, and that she asked for his name and address. If asked he would have paid for the journey again as he knew he was stupid to leave the ticket on the train.

If you have the proof of payment, then let them take you to court.

The costs will outweigh the ticket price and I'll bet they drop it.

You've sent the proof. They have your money. What judge would rule against?

Hi Everyone

I'm new to This forum

it is great to join this Forum, hope i'm welcome in

We already have a court date. The problem is our options are either plead guilty in person, plead guilty without attending or plead not guilty. Unfortunately the charge is failing to produce a ticket, which technically he is guilty of, although there was no intent to travel without a ticket. We just don't know what to do for the best!!

If you have the proof of payment, then let them take you to court.

 

The costs will outweigh the ticket price and I'll bet they drop it.

 

You've sent the proof. They have your money. What judge would rule against?

The costs are paid by the defendant, this is a strict liabilty offence & therefore the offence is complete if no ticket was handed over.

Flyingchunk is telling you to take a gamble, I suggest you get qualified legal advice before doing so.

I had a few of these prosecutions. You get a fine and you can pay 5 pounds a week so it's not too bad.

thread is 7yrs old

now closed..

not very wise...….

esp for 1st time issues..

for a seasoned avoider yes maybe