Court summons for fare evasion SWT

[rjslondon]

Hello everyone - thank you in advance for any help you're able to give me.

 

I have been sent a court summons for travelling without having previously paid the fare and with the intention to avoid payment. I would like some advice please because I do not think I am guilty, yet would prefer to pay than go to court.

 

The situation is that last October I was travelling from London to commuter-land after work. It's not a journey I do at all regularly. I had a railcard for London zones 1-3 and as I was running slightly late for the train I asked the member of staff by the ticket barrier in London if it was OK to buy the remainder of my ticket at the other end - i.e. from the boundary of zone 3 to my destination. He said this was fine.

 

On arrival I explained this to the staff at the ticket barriers and they let me through to buy a ticket, whereupon I joined the queue. I was supposed to be met by my mother and I saw her in the foyer from the queue. I shouted out to her and she, thinking that my voice was coming from elsewhere (she's quite deaf), turned to walk out of the station. I left the queue and walked after her, reaching her just at the exit to the station. I was about to give her a hug and say hello when the Revenue Protection Assistant ran up to me and accused me of fare evasion, etc. because I was outside the station boundary.

 

I cooperated and answered all the questions, and was very civil to him. The thing I didn't tell him, because I didn't think at the time that it was relevant, was that I was only making this journey to visit my mum and grandmother because my grandfather had passed away two days previously. It was a highly emotional time and the first time I had seen my mum since she'd lost her dad. Obviously giving her a proper hug was a more important priority at that moment than paying the £8 ticket, although I had every intention to do so.

 

I was sent a letter asking for my details etc back in January and I wrote in response giving this additional info because I believe it was a mitigating factor. And then yesterday I received my court summons.

 

It's a first offence, and yes, I did travel without previously having paid for the whole journey, but I checked with a member of staff beforehand and they said that it was fine. I had every intention of paying for the full journey. It was absolutely not my intention to avoid the fare.

 

I am happy to pay a fine, but I am very worried about getting a criminal reference - I work in the civil service and am at the beginning of my career. I don't want to plead guilty because I don't think I am guilty of having the intention of avoiding payment. However, I also do not want to go to court and would prefer to settle and quickly and painlessly as possible. I'm really quite worried about this and have no idea how to go forward...

 

What should I do? Any advice would be much appreciated!

 

Many many thanks.

[honeybee13]

Hello everyone - thank you in advance for any help you're able to give me.

 

I have been sent a court summons for travelling without having previously paid the fare and with the intention to avoid payment. I would like some advice please because I do not think I am guilty, yet would prefer to pay than go to court.

 

The situation is that last October I was travelling from London to commuter-land after work. It's not a journey I do at all regularly. I had a railcard for London zones 1-3 and as I was running slightly late for the train I asked the member of staff by the ticket barrier in London if it was OK to buy the remainder of my ticket at the other end - i.e. from the boundary of zone 3 to my destination. He said this was fine.

 

On arrival I explained this to the staff at the ticket barriers and they let me through to buy a ticket, whereupon I joined the queue. I was supposed to be met by my mother and I saw her in the foyer from the queue. I shouted out to her and she, thinking that my voice was coming from elsewhere (she's quite deaf), turned to walk out of the station. I left the queue and walked after her, reaching her just at the exit to the station. I was about to give her a hug and say hello when the Revenue Protection Assistant ran up to me and accused me of fare evasion, etc. because I was outside the station boundary.

 

I cooperated and answered all the questions, and was very civil to him. The thing I didn't tell him, because I didn't think at the time that it was relevant, was that I was only making this journey to visit my mum and grandmother because my grandfather had passed away two days previously. It was a highly emotional time and the first time I had seen my mum since she'd lost her dad. Obviously giving her a proper hug was a more important priority at that moment than paying the £8 ticket, although I had every intention to do so.

 

I was sent a letter asking for my details etc back in January and I wrote in response giving this additional info because I believe it was a mitigating factor. And then yesterday I received my court summons.

 

It's a first offence, and yes, I did travel without previously having paid for the whole journey, but I checked with a member of staff beforehand and they said that it was fine. I had every intention of paying for the full journey. It was absolutely not my intention to avoid the fare.

 

I am happy to pay a fine, but I am very worried about getting a criminal reference - I work in the civil service and am at the beginning of my career. I don't want to plead guilty because I don't think I am guilty of having the intention of avoiding payment. However, I also do not want to go to court and would prefer to settle and quickly and painlessly as possible. I'm really quite worried about this and have no idea how to go forward...

 

What should I do? Any advice would be much appreciated!

 

Many many thanks.

 

Hello and welcome to CAG.

 

I hope the rail guys will be along soon with advice for you. It's not too late to negotiate, you can try anytime up to the court hearing. Hopefully someone will give you an idea of what to say and do.

 

My best, HB

Edited April 14, 2013 by honeybee13
Typo/bad grammar.

[Stigy]

I see where you're coming from, but you surely see how this looks too? If you feel you're not guilty, which of course, you're not, assuming what you say is true, you should plead not guilty and attend court.

 

You do have a defence, it's just the Magistrates you have to convince. Did you tell the RPA about hearing/seeing your Mum etc, at the time? Did you also tell SWT when they initially wrote?

[CoalMonkey]

I was convicted of fare evasion and giving false particulars to a rail officer earlier this year. I'm training to be a health professional and I can tell you from personal experience these convictions do not show up on an enhanced crb. I did disclose the convictions to my university and they are happy with me to continue training. If anyone is found guilty I would try not to stress too much about it, declare it to your employer and you should be fine.

[BazzaS]

I was convicted of fare evasion and giving false particulars to a rail officer earlier this year. I'm training to be a health professional and I can tell you from personal experience these convictions do not show up on an enhanced crb. I did disclose the convictions to my university and they are happy with me to continue training. If anyone is found guilty I would try not to stress too much about it, declare it to your employer and you should be fine.

 

I don't have any convictions that might show on my eDBS, and am happy your convictions don't (yet?) show on your eCRB.

 

Assuming from the description you give these were convictions under S.5(3)a and S.5(3)c of the RRA 1889 : they certainly can show on an eDBS.

You may be lucky if yours don't, and are wise to declare them (what if they later do show : you are secure by having declared them!).

 

However, I don't think it is safe to reassure others that they won't show on THEIR eDBS, based only on them not showing on your eDBS/eCRB.

[CoalMonkey]

Fair enough, I was just going from my personal experience. And if memory serves me right the convictions you stated are what applied to my case. I was totally amazed these did not show on my enhanced crb as I work with some of the most vulnerable members of society. Any idea why the convictions did not come up on the enhanced crb?

 

Thanks

[Feebee_71]

Fair enough, I was just going from my personal experience. And if memory serves me right the convictions you stated are what applied to my case. I was totally amazed these did not show on my enhanced crb as I work with some of the most vulnerable members of society. Any idea why the convictions did not come up on the enhanced crb?

 

Thanks

 

Coalmonkey,

 

It may simply be that the information about the conviction has not been uploaded onto the relevant database in time to show up on your eCRB/eDBS.

 

Feebee_71

[firstclassx]

It also depends on whether the TOC bothers to inform the NPIA* of the impending prosecution(s).

 

The NPIA functions were largely split between the Home Office and College of Policing, the Home Office now responsible for the National Information Services.

[Stevefoxy]

Fair enough, I was just going from my personal experience. And if memory serves me right the convictions you stated are what applied to my case. I was totally amazed these did not show on my enhanced crb as I work with some of the most vulnerable members of society. Any idea why the convictions did not come up on the enhanced crb?

 

Thanks

 

I am on the exact same situation at the moment. I am a health care profrofessional and really don't want to be convicted because of the effect it might have on my ability to get a job. I have been summoned to a magistrates court and don't really know what to do now.

Have you had any problems with this being on your CRB since then?

[honeybee13]

I am on the exact same situation at the moment. I am a health care profrofessional and really don't want to be convicted because of the effect it might have on my ability to get a job. I have been summoned to a magistrates court and don't really know what to do now.

Have you had any problems with this being on your CRB since then?

 

Hello and welcome to CAG. If you would like advice about your court case, please start a thread and tell us your story. Hopefully CoalMonkey will get a notification of your post and let you know what heppened.

 

My best, HB

[CoalMonkey]

Well I declared the situation to my uni and my employer as soon as I received the summons. My employer actually laughed at the situation and it did not effect my employment with that company, though I was working as a health care assistant then, not a registered professional. My uni took it more seriously but eventually deemed that the conviction did not effect my ability to practice as a student nurse. I have only had one crb done since the conviction at the request of my uni and the conviction did not display on it. So, so far it has not caused me much trouble. However, I am due to qualify very soon and will be applying for jobs. I'm not overly concerned that this will effect my employment opportunities as I have other convictions for more serious offences and they have not restricted me to date gaining employment or gaining entry to uni for a professional course. Best thing to do in my IMO is declare it ASAP to your employer and regulatory body as they will likely be more accommodating if you refer yourself promptly andtransparently.

 

I also have a dangerous driving conviction from around 1995 which hasn't displayed on my crb in about 8 years, though i still declare it.

 

Good luck

[Grotesque]

I am on the exact same situation at the moment. I am a health care profrofessional and really don't want to be convicted because of the effect it might have on my ability to get a job. I have been summoned to a magistrates court and don't really know what to do now.

Have you had any problems with this being on your CRB since then?

 

Some members here could misunderstand this of course.

[honeybee13]

CoalMonkey, thank you for updating your thread. I'm pleased you're getting on OK.

 

HB