Honeybee, common sense should be the guide, this is what i am saying, so in this kind of situation they should look at the person, the circumstances, the railcard expired by how many days, the profession of the person (I still am a research student and show my University card to the revenue officer) I've just read a very interesting article re. this http://www.thisislondon.co.uk/standard/article-23731140-fare-dodgers.do and I duly agree with that view... in my case I wanted to pay the full fare and I offered to do that, I apologised and explained the circumstances, whatelse they want me to do, crucify myself before them because i din't notice the expiry dat of my railcard? where is the compassion and human understanding here, do we have to act like we are robots under the law AND what's the point of asking to explain the mitigating circumstance when they ignore my letter completely? (sent it recorded delivery so it's not gone lost in the post) ... but we are free to disagree here...

MrGates thanks for the suggestion regarding the nonsense:|. I wouldn't write or talk in that tone to them of course...this is a forum and I think it's nice to express opinions in truly honest fashion at least here....GRRRRR....

MrGates the ticket I had was the only ticket and it was a return ticket Leicester-Nottingham. I had to purchase a new ticket on my return and they didn't even allow me to pay the difference between the old ticket (discounted) and the new (so i had to pay in full for a new ticket when in fact I had purchase alrady a discounted one) , and sent it (photocopy) to them in my "letter of apologies". I have the copy of my letter of apology (which they didn't bother to reply to: is this acceptable? ) and I could post it in the thread (without my personal details of course). My argument is that they sent me a first letter asking me to write to them explaining any mitigating circumstances. I did write a letter of apologies explaining the circumstances. They never replied. After 2 months I receive a summon calling to Court. Is this an acceptable practice? I think they should have then sent me a response or a notice of some sort, don't you think?

Thanks Old-CodJA, does it make a difference that I offered to pay the full ticket and that the railcard was expired by only 7 days and not months? probably yes:) but I may be too optimistic... the point is that if nobody challenge this nonsense ever they will always bully customers/travellers in this way. It was a human mistake and the case is ridicolous, any Court in my opinion would recognise this. Ops!... Too optimistic again?

Thanks Honeybee I will try to refrain from posting private messages then:) MrGates, I understand that every case is different , but in my case i had a ticket and a rail card which was expired (by only 7 days!!). The other guy (which the case got dismissed on the day of hearing) didn't have a ticket at all. That's why I am so curious to know whether he plead not guilty. Mr gates did you mean in your last post that you deduct from Warren218 thread that he probably plead NOT guilty because the case was adjourned? thanks again

and I also signed the notebook at the end. I still cannot believe this is happening:smile:!!

Thanks again MrGates, I did offer to pay the full ticket and I was utterly shocked to hear that option was not accepted and I would be prosecuted When she (the ticket officer) started to write the report she asked me a few questions and then you are right she asked me exactly: "Do you have the means to pay a valid ticket?" at which I responded (in the report) "Yes, of course I have the means". Thanks again

Dear Warren218, I have read your old post regarding being dismissed by the prosecutor in your case, bt it's not clear whether you plead guilty or not guilty in your case? I have too been summoned to appear at magistrate court by the EMT (train company). I was stopped by an officer in October, I had my ticket but my student card was expired by 7 days and both me and the ticket agent who issued the ticket never realised it. On that day I offered to pay for the difference or even for a full new ticket (the difference in price was £4.20, so this is the amount unpaid) but the officer treated me like a criminal and took all my details, saying that I would be receiving a letter from the prosecution department, quite frankly I thought it was a joke but then after a few weeks I received EMT's letter advising me about the prosecution. I wrote to them explaining the matter and mitigating circumstances but never got any reply from them. Now (after another 2 months almost) I receive this summon to appear in court with lot of legal jargon which is very criptic to understand (and I am Italian so this doesn't facilitate the task I guess). the offence they cited on letter is FAIL TO PAY THE CORRECT RAIL FARE OF £4.20, "therefore contraveinign Bye Law No.18 (1) under section 219 of the transport Act by the strategic Rail Authority and confirmed by under schedule 20 of Transport Act 2000. My question to you is whether you plead guilty or not guilty and if you could let me know the name of the rail company (privately if you prefer) Hope to hear from you soon, thanks in advance & best wishes, Franki

I do really need urgent help regarding a similar case, my new thread regarding this is : "Court summons received. What should I do?". Thank you Franki

also there is a post by Warren218 (member name) in a previous thread named: "Court summons - a few questions" where he explained that he went to the hearing and the case was dismissed by the prosecutor, who offered the option to pay a £20 fine to him and the full ticket price, so they never went ahead with the hearing. It still not clear whether Warren218 did plead guilty or not. His case -he said0 was adjourned to another date, but he doesn't specify what it was his response to the summon (did he plea guilty or not guilty?). I wish I could contact the member, but i don't have yet enough posts to do this!

i still think they should have not gone this way, it doesn't make any sense. I can dispute and not agreein with the statement of fact, right? they don't mention anywhere in their statement that I have in fact offered to pay the full ticket! if I don't agree with their statement of fact perhaps the things are debatable...

thanks MrGates! what should I do then, if I plead guilty most likely I will be responsible for all the costs!! it's crazy

Dear all, reading your post was very interesting but I am not sure it asnwer my doubts at this point. I have too been summoned to appear at magistrate court by the EMT (train company). I was stopped by an officer in October, I had my ticket but my student card was expired by 7 days and both me and the ticket agent who issued the ticket never realised it. On that day I offered to pay for the difference or even for a full new ticket (the difference in price was £4.20, so this is the amount unpaid) but the officer treated me like a criminal and took all my details, saying that I would be receiving a letter from the prosecution department, quite frankly I thought it was a joke but then after a few weeks I received EMT's letter advising me about the prosecution. I wrote to them explaining the matter and mitigating circumstances but never got any reply from them. Now (after another 2 months almost) I receive this summon to appear in court with lot of legal jargon which is very criptic to understand (and I am Italian so this doesn't facilitate the task I guess). I asked a few solicitors for advise but they want to charge me for their advise and it's not cheap. To be honest I trust more first person experience than solicitors, so I would be grateful if any of you could let me know where I stand and in your opinion what should I do now - pleading guilty or not guilty, I am not sure? the offence they cited on letter is FAIL TO PAY THE CORRECT RAIL FARE OF £4.20, "therefore contraveinign Bye Law No.18 (1) under section 219 of the transport Act by the strategic Rail Authority and confirmed by under schedule 20 of Transport Act 2000. My argument would be that I ashould have been offered to pay a fine instead and this sort of action is grossly ridicolous and a waste of time and money! I am thinking to plead NOT GUILTY and send to the company the £4.20 due, so being the amount beeen paid their claim would have no legs to stand. Hope to hear from you soon, thanks in advance & best wishes, Franki