If this traveller is questioned by an inspector at the exit from trains, this will frequently be quite enough to secure a conviction.

I'm under impression that in this case, if Romford came to court I gave the 'right' answers, he might get away with conditional discharge or avoiding the conviction altogether. What he's done cannot be compared to giving the false name or jumping over the barriers Even if he's intent is proven, the culpability is low.

I think he might self-incriminate himself completing the questionnaire. Should he be informed that the questionnaire can be used as evidence in court?

All things considered, they should let him go with a warning (at most), if he re-offended, there would be iron clad case.

I'm afraid that my opinion based on what you have told us, is that the best you can do in this situation really is to write again, asking if the company will allow you to settle by making a payment to cover the fare and any reasonable costs that they have incurred to close the matter without Court action.

I don't think anybody would disagree with your points. Having said that, one magistrate court session costs hundreds of pounds of the taxpayer money and one should bring the case to the court if he cannot find justice in any other way.

My journey to Romford was on a very clean and newly tarted up 'dusty bin' (Class 321 to an anorak) I read the warnings on the first class compartment, and any GE (Sorry- NXEA) staff may want to point out to management that the warnings mention penalty fares but fail to mention 'prosecution'.

To prosecute for 'fare evasion' they would have to prove intent. In your case it would be very hard to prove it unless you've admitted it.

@ stigy

 

Please tellme how should i respond to them and how could i persuade them about the situation. i'm in deeply distressed and seriously worried about what will happen will they prosecute me or not..

 

if you please write a letter for me that i could forward them

I'm afraid I cannot do that. I've been advising you on the basis of having similar experience, but I don't have any legal education.

Besides, are you old enough to act like a grown-up? Ability to negotiate your way is an essential skill. Consider it a lesson in the school of life.

Perhaps you should start with why you haven't paid these twenty quid. But, don't expect you'll settle for £20, services of legal department are usually expensive.

How does one know if they have a criminal record? If the offence is recordable or non recordable. The letter from the court says 'notice of fine and collection order' but no mention of a record.

it depends whether you've been found guilty of fare evasion or violation of railways bye-laws. If the first you do have a criminal record, but it's significance is being overstated by TOCs. If it's the latter, you have little to worry about. It's more or lss the same as the speeding ticket.

In my case, they have sent me £75 fine, but I never got the letter. Next was the Notice of Intended Prosecution. Chances are, you missed some correspondence.

Engage in dialog, ask if you could reach the compromise. It shouldn't cost you more than £100 at this stage and it's only money.

Of course, you can take your chances in the Court, if you're believe you're innocent.

BTW. You should have paid this twenty quid.

yeah i behave with him nicely and requested him that its a genuine mistake but he keeps on writing my details and didn't listen to me at all

Have you been offered to pay £20 or £75 fine?

thank you very much for reply..

 

I've been alleged to violate 53 (b) )Having paid his fare for a certain distance, knowingly and willfully proceeds by train beyond that distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof; or.

 

I was going to harpenden in search for a job which one of my friend told me about

 

also i asked him several times that let me go back to harpenden but he didn't listen to me ..

In case of 53(b) the prosecution has to prove that you did it "Knowingly and willfully". Unless you've said something stupid it would be hard too prove. Did you behave sensibly? If you lied to him, you might give reasons to be that you have indeed evaded.

Easy to wander 'off thread', and end with a general rant about how bad things are, and how good they used to be!

 

A lot of 'posters' have deep experience of the rail network, and railway 'law', they do not necessarily 'agree' with those laws, or the 'outcomes' of prosecutions, but we are obliged to live in a 'real' world from time to time.

...

This isn't the place for it, but there does need to be a debate about how to address these issues.

Thanks for that Wriggler, very thoughtful.

They ask for things like profession and national insurance. I gather they would like to know the profession, because they would know if one should be concerned about the criminal record. Any idea what use do they have for my NI??

Cheers