Being taken to Court for Fare Evasion! PLEASE HELP!

[Old-CodJA]

I'm confused...On the one hand the Revenue guy is issuing you with a Penalty Fare, yet on the other, he's reporting you for offences. You can't do both...Maybe I misunderstood!

 

I think that there is a small element of confusion in referring to a Penalty Fare here, but if an inspector starts to issue a PF and in the process it is revealed that other action is warranted, he / she is at liberty to cancel the notice and make out a report for prosecution.

 

SRPO is right in your choices, but I have one question that I'd like answered please MissyLow and perhaps we can give you a little more advice in preparation for your Court appearance.

 

What have you actually been charged with?

 

On the Summons, does it say something like:

 

'that you did travel on a railway without having previously paid the fare due and with intent to avoid that fare contrary to Section 5.3.a of The Regulation of Railways Act 1889.'

[Old-CodJA]

No, send your letter by recorded delivery today and copy it to the legal advisor at the Magistrates Court.

[Old-CodJA]

You can ask the Court to consider granting an adjournment stating that you have written to the TOC and wish to see their response before entering a plea.

[Old-CodJA]

Train Operating Company

 

sorry, didn't mean to duplicate, answered from alert without reading other messages

[Old-CodJA]

sorry - what is the TOC?

 

As my summons is 7th Aug shall I just enter the not guilty plea and then write to TfL about the circumstances and ask if they will drop the action against me?

 

You have still not told us what you have been charged with so it is difficult to give you case specific advice. SRPO is right, IF you have been charged with the strict liability offence, you do not have a defence - only mitigation. You need to make clear what the charge on the Summons actually says.

 

Whilst you are entitled to change your plea, I wouldn't do it the way you are suggesting

 

You get the maximum credit for pleading guilty at the earliest opportunity

 

If you plead 'not guilty' the case will be set down for trial and the TOC witness (inspector) will be warned to attend. that increases the costs incurred by the TOC and if you are then found guilty, you might be ordered to pay higher costs.

 

I would ask for an adjournment, you might not get it although that's unlikely because there will be evidence of correspondence on file, and you will not have entered a plea on that basis

Edited August 3, 2009 by Old-CodJA

[Old-CodJA]

can anyone else provide further advice?

 

Thanks

 

You have still not told us what you have been charged with, if you do, perhaps people can help you further.

[Old-CodJA]

This is the 'strict liability' offence. It is the less serious of the two charges referred to earlier, but is usually the easiest for the rail company to prove

 

You are not being charged with intent to avoid a fare, so on what basis are you pleading 'not guilty' ?

 

Were you there?

Did you have a ticket?

 

If you were there and did not produce a valid ticket when asked, it would seem that the main elements of the offence as charged are proven unless there are strong mitigating circumstances

 

You would not be guilty of an offence under this legislation if you can show that either;

 

1) there were no facilities available for you to get a ticket before boarding the train

or,

2) that an authorised person gave you permission to board the train and pay at the earliest opportunity

[Old-CodJA]

That is mitigation, it is not a defence.

 

You can argue the point, but it is your responsibility to check and the machines give both audible and visual warnings.

[Old-CodJA]

Yes, well done,

 

I'm glad that it worked out OK and it's worth remembering that the £182 that you are paying, is probably around what the fine would have been in addition to the costs, victim surcharge, compensation and conviction record that would have gone with it.

[Old-CodJA]

Glad it worked out OK. Well done