Accused of fare evasion... Please help!!

[Bambilegs]

Hi guys,

 

I've read a lot of forums on here which have given great advice, I'm wondering if you can help me?

 

I was stopped by northern rail officials for not being able to produce a ticket a few weeks ago. I did in fact have a ticket but had stupidly, really stupidly thrown it away on the train, i do it every day as the last time my ticket ever gets checked is on the train. I can't tell you how ridiculous I know this habit is now.

 

I received a letter from the prosecutions department asking for my version of events, I wrote a letter explaining, gave my photo card number as I normally buy monthly and weekly tickets, the only reason I'm not at the moment is because I'm waiting on work to provide me a yearly ticket using salary sacrifice.

 

They have wrote back today to ask for proof of purchase of my ticket which I explained to the gentlemen on the day I don't have because I pay cash since being told by a northern rail official thy wouldn't accept my type of bank card any longer as it takes three days to clear!!

 

I'm at a bit of a loss now and am so worried. I really don't want it to go to court as it will effectively end my career as I am obligated to travel to America and Japan 4 times a year. I have also just booked a family holiday to Disneyland for next march.

 

Can anyone advise the best course of action? Is it best to ring on Monday and discuss it direct?

 

Thanks everyone!

[rebel11]

Hi bam

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum.

[Bambilegs]

Thanks rebel! Appreciate it!

[honeybee13]

Hello there.

 

They have wrote back today to ask for proof of purchase of my ticket which I explained to the gentlemen on the day I don't have because I pay cash since being told by a northern rail official thy wouldn't accept my type of bank card any longer as it takes three days to clear!!

 

This sounds strange, can you tell us any more please?

 

My best, HB

[Bambilegs]

Hi honeybee,

 

Yeah sure! Basically I used to pay with my card all the time, but I always had to sign instead of using chip and pin due to the type of card I had! One day, about 2 weeks before i was stopped, the ticket man would not let me use the card as he stated because I signed instead of using chip and pin it took 3 days to clear, this was also true on my statement, the cash wouldn't come out for three days, therefore on that day and since then I've had to pay cash for my tickets, therefore no proof of purchasing one!

[honeybee13]

I see. I didn't realise it was still possible to pay on a card with a signature. I thought you could ask for a receipt though.

 

HB

[Bambilegs]

Yeah but only on certain cards, and as it seems only certain ticket sellers will accept this method of payment. As soon as I was aware I started paying with cash to make it easier! As I say it's only temporary anyway until I get my yearly through work.

Didn't know you could get a receipt when paying cash! Guess I'd never had thought to ask for one though before this happened! :/

[Stigy]

I wouldn't worry too much about the potential outcome at this stage. I would imagine they're going to be using Byelaw 18(2) if they did prosecute you, which is non-recordable and as such wouldn't affect your international travels. If you were charged with Fare Evasion, contrary to s.5(3)a of the Regulation of Railways Act 1889, which is recordable on the Police National Computer, if could be different.

 

Unfortunately, said Byelaw is an offence of Strict liability, and as such there need be no intent to avoid payment present on your part. This Byelaw states that you must be able to produce a ticket when asked. I suggest you explain that you have no receipt for purchase (even this seldom makes much difference as only a ticket usually suffices!). I fear that the only way of stopping court action, and thus, albeit non-recorded, conviction, will be to offer to pay all the TOC's reasonable admin costs in order to stay out of court. They don't have to accept, but it's worth a try, and from experiance, for first offences such as this, they'll want to settle the matter. You should advise them of this being your first offence also, even though they'll already know. Good luck!

[Bambilegs]

Thanks for your help! I can't help feeling worried about this.

 

I will follow your advice. Is it best to write or call them do you think?

[Stigy]

I'd write to them to be honest, at least then there's a paper trail...

[Old-CodJA]

Firstly, it is important to recognise that whether or not you are allowed to 'settle out of Court' is entirely at the discretion of the rail company.

 

You could try writing to the rail company again. The format that I have provided previously suggests that the main points of your letter should be as follows:

 

i) Offer an unreserved apology to the company and staff concerned,

 

ii)Stress that this was an out of character action for which you are genuinely sorry

 

iii)Explain that if you are prosecuted and convicted this could have a wholly disproportionate effect on your future employment

 

iv) Offer to pay any unpaid fare/s and all of the reasonable costs incurred by the company in dealing with this matter , all of which you recognise arise as a result of your actions

 

v) Give a written untertaking not to travel without a valid ticket on any journey in future.

 

The company are not obliged to accept your offer, but will give your letter consideration.

 

The prosecution costs applied for in any successful prosecution are normally in the region of £120 - £150 so you might consider making an offer based on that knowledge. If they agree this will need to be paid in full immediately.

Edited May 15, 2012 by Old-CodJA

[Bambilegs]

Thank you so much for all your advice.

 

You can't believe how worried I've been about this, it's made me physically ill!

 

I have wrote back to them today explaining everything as advised by you both.

 

Fingers crossed and I will let you know what comes back.

 

Thanks again!

[honeybee13]

Hello again.

 

Good luck and yes, please let us know how you get on or if you need more advice. The guys on the forum like to know the outcomes and what you tell us could help someone in the future who finds themselves in the same position as you are now.

 

HB

[Bambilegs]

Hi again all,

 

It's been 2 weeks since I sent the letter today.

 

Should I be worried that I haven't heard a reply? Could this be a bad sign? The first letter I sent them I heard back within a week!!

 

Thanks again

[Bambilegs]

I phoned the prosecutions department this morning and they advised that they have received my letter but are now doing further investigations and will reply to me in writing.

 

What further investigations could they be doing? I really need an answer on this asap as I can't stand this worry any longer.

 

Anyone got any suggestions?

 

Thanks.

[Bashiru]

Hi Bambilegs,

I had a similar problem sometimes back, was stopped using my wife's 18+ card on the 23 of March and I am yet to hear from the TFL guys. Can you please give me the prosecution s department phone number you called, I am planning to call them up to check their systems for any information. I am a bit worried that I have not gotten any communication in over 2 months, I hope just hope they have not gone ahead to prosecute without writing me first. How long did it take to get the first letter after you encounter with the inspectors? Many thanks in advance.

 

Regads

 

Bash

[Bambilegs]

Hi bash,

 

I got stopped on the 30th of March and it took about 6 weeks to get my letter.

 

Is it northern rail you travelled with or another train company?

[Bashiru]

Hi Bambilegs, thx for the prompt response. I was stopped at upton park station (District line) and this weeks makes it 10 weeks. So I was thinking it may be better to call the presecution team (if i get the number) to check with them if they have any information of correspondence for me just incase the first letter did not get to me for whatever reason.

Thx

Bash

[Bambilegs]

Oh I see, well it'll be a different prosecution office than the one that contacted me so I'm afraid I don't have the number. Maybe someone else on here does though!

 

Good luck with your case!

 

Can anyone advise on an update for my case? Thanks!

[Bashiru]

OK.....thx

[honeybee13]

Oh I see, well it'll be a different prosecution office than the one that contacted me so I'm afraid I don't have the number. Maybe someone else on here does though!

 

Good luck with your case!

 

Can anyone advise on an update for my case? Thanks!

 

I'm just bumping this for you, bambilegs.

 

Bash, if you have further questions, please ask them on your own thread so bambi can have the advice they need.

 

My best, HB

[Bambilegs]

Thanks HB!

[Bambilegs]

Anyone any further advice?

[Bambilegs]

Hi all,

 

Thanks for all your help!

 

Just to let you know I received a reply from them yesterday saying there will be no further action taken and just reminded me that in future I should keep hold of my ticket until I've left the station and not just the train! which obviously I will always do now since this incident. Looking back I cant believe how silly I was to throw my ticket away daily!!! Just habit!

 

I am so relieved! Thanks all for your help!

 

BL

[honeybee13]

Hello again.

 

Great news for you and an object lesson which I don't think you'll ever forget.

 

Good luck in the future and thank you for letting us know.

 

My best, HB