Hi just to update you that the matter is proceeding to court and is due to be heard within the next week.

He has completed a means form and a plea form stating he is pleading guilty and not attend court.

He is being charged under section 5.3.A regulation of railways act 1889.

Can I ask as he has a caution from BTP for breakage of the barrier I have been told that this matter is settle and should not nesscaily be brought upin court is this true ?

Also as he has been given the option of not attending court can I take it that prison is not an option as the sunmons only mentions that the train company are claiming £3.20 compensation and £125 costs but I know he will have a fine and a surcharge also.

I'm not entirely sure he has confirmed that he can provide copy's if tickets that he has bought, that he is severely stressed and the pressure is causing his marriage to fail.

Fair point he has issued another letter asking for them to settle it out if court however I would be surprised if they so I will update the thread once he has had a reply thanks.

Apologies I don't understand why they would add on his letter magistrates descreation a term of imprisonment knowing it's his first offence and this isn't an option seems to be a bully boy tactic

It's S.5.3.a RRA 1889 on the letter he has recieved which ever they choose to charge him with would any of these a term of imprisonment or just a hefty fine to pay as he intends on pleading guilty anyway.

It states that hes charged with 'travel on a train without a valid ticket' contrary to S.5.3.a regulation of railways act (1889) but it also says breach of national railway byelaw 18 (2005) can I ask what the difference is?

Hi old-codJA i can see that it does state that on regulation of railway 1889 is this the same as the railway byelaws 1889 as this is what he is being proscuted under.Many thanks

Hi old-codJA thank you for your information

can I ask where you have obtained this from because I can't find anything to suggest he cannot be sentenced for first offence ?

Can I also ask when then say "up to level 3 on the standard scale" whats including in the standard scale and what's not ?

Finally once an application for summons has been issued is this reviewed by the court or do they just issue a summons?

Thanks in advance

on the last letter he received

it states that an application for summons has been issued and they would let us know once a date has arranged

does this mean the case is definitely going to court or can a court say otherwise?

Also it states that he can be fined up to level 3 on the standard scale

or at magistrates descreation a term of imprisonment

has anyone ever been jailed for fare evasion?

As from what Ive been told even tho he ran this doesn't really matter as fare evading is fare evading whether he ran or walked out without paying

He has previously sent a letter stating he wishes to settle this out of court due to his father in law being diagnosed with cancer and his wife suffering from post natal depression but they have just replied stating they happy to continue with court action. He does have 6 months worth of tickets bought after the event and two tickets which he bought before which he could also photocopy and send if the matter does proceed to court I know his intention is not to attend but would it be better for him to do so?

Hi all bit of an update

my son has received a caution from the BTP and paid for all costs to repair the atomatic barrier which totalled £1298.00.

he is being taken to court by transport investigations limited under section 5 of railway byelaws of 1889 for fare evasion.

He has wrote to them asking if he could settle the matter out of court

they have confirmed that they are happy to continue with court action.

I have seeked some advice on his behalf and have been told that his caution won't matter in court and as its his 1st time for fare evasion he will be looking to pay around £800 in total including court costs, victim surcharge etc

I would like to still try and settle this out of court if possible

could anyone please advise if it would be worth writing to transport investigations offering to pay £500/£600 in full and final settlement or to just wait for the court summons,complete the means form and await for the outcome?

Im hopeful for an out of court settlement just due to the fact i dont think he could handle going to court however if he pleads guilty does he have to attend court or could he just wait to be contacted on how he needs to repay the fine? do you not think they would loom at sending him to jail as he has had previous conviction ?

He didn't do it twice but when they spotted him they recognised him from running before and had CCTV inmates of him catching trains after the event. He totalling regrets running do you think his drink driving conviction will have any involved as it was over 5 years ago. Hopefully if they do decide to prosecute does anyone know if we could agree a settlement figure out of court?

Hi all

im writing this on behalf of my 26 year old son and would appreaciate any help you could give.On 11th July 2014 heoarded arriva Trains Wales from lisvane to Cardiff Queen Street when he got to Cardiff he realised that he didnt have enough moeny for his ticket so he attempted to buy a ticket from heath to cardiff as he needed to get to work.

He was then questioned by a transport officer and he admitted he had come from from lisvane and didnt have enough money for his ticket, the transport officer told him he was caling the police and then would need to speak to him at this point my son ran through the barriers and out of the station. He has since been catching the trains and last week got stopped by them again but this time he admitted what he had done and gave them his details.

The police were called but because he has apoligised and cooperated they told him it was a civil matter and left him to deal with transport investigation Ltd. He is now waiting to recieve a letter in regards to this from transport investigation Ltd but is pannicing he may well go to jail. It is totally out of charcater for him and he has been off work due to stress as his wife is due with there second child in the next 3 weeks and a member of the family has recent been diagnosed with cancer this is why when he was told the police were on there way he panniced !

Could you please help if anyone has been in this position or knows what hes up against hes only been in trouble once before in 2007 for Drink driving but recived a disqualification and a fine. CAB state that he could be charged up to £1000.00 but im more concerned about him going to jail.

Thanks