Fare evasion help

[Stevefoxy]

So i was travelling on a train without a ticket because I had forgotten it. When i was questioned, I initially gave a false name and address. Now the train company has taken this to the magistrates court and i face conviction. I am a healthcare professional and so i really cannot afford to have a criminal conviction. What do i do? Will this effect my ability to get a job in the future?

[honeybee13]

Hello again, thank you for starting your own thread.

 

Please could you tell us which train company [TOC] you're dealing with and which offence they mention in their letter?

 

HB

[Stevefoxy]

First Capital connect and the only offence they mention is 'Failing to hand over a rail ticket for inspection'

[BazzaS]

So i was travelling on a train without a ticket because I had forgotten it. When i was questioned, I initially gave a false name and address. Now the train company has taken this to the magistrates court and i face conviction. I am a healthcare professional and so i really cannot afford to have a criminal conviction. What do i do? Will this effect my ability to get a job in the future?

 

First Capital connect and the only offence they mention is 'Failing to hand over a rail ticket for inspection'

 

Do you have a season ticket, which you had forgotten on the day? If so this may be why they aren't prosecuting for S5. RRA 1889 (intent to avoid a fare)

 

Are they proceeding under Bylaw 18 (failure to present a ticket on demand).?

 

Normal advice is to write, offering an apology.

Their attitude may be being hardened by the initial false details, which may feature in the report made by the TOC staff.

 

If you had previously paid your fare, they can't prosecute you for the false details under RRA 1889 S5(3)c .... But it may still have made them determined to proceed for what they can for trying it on by false details.

 

http://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5

 

If any person—

(a)Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof; or

(b)Having paid his fare for a certain distance, knowingly and wilfully proceeds by train beyond that distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof; or

©Having failed to pay his fare, gives in reply to a request by an officer of a railway company a false name or address,

 

You may have scuppered yourself by the false details.

If you write pleading for mercy given the possible effect on your career, how would you address the "false details" issue if you think that might be what is preventing them being lenient?

[Stevefoxy]

I purchased the ticket with cash and unfortunately i have lost the ticket so i have no proof of even having one. I have already tried writing a letter and they have still decided to proceed with prosecution.

I have no idea how to address the false details issue. I just panicked when they asked me because i feared that it would have an effect on my career and ironically it now is having an effect.

[BazzaS]

Write again, explaining what you have explained here.

Apologise (in your own words : they'll have seen enough examples where people copy "a script off the Internet")

You might consider what to cover : the events, any waste of their staff's time from the events & since ....

You might want to offer to settle for their expenses (consider saying you had paid your fare but since you can't prove it & they must hear that all the time you'd be willing to pay it again if they had any doubts) all due to the disproportionate effect a conviction would have on you.

 

If they proceed to court you will likely be convicted and it will show on an eDBS : you'll need to declare that to employers for most healthcare jobs : if you give the circumstances it may be an inconvenience rather than an absolute bar to employment - but try to avoid the conviction by pleading your case to the TOC.

[Old-CodJA]

Good advice by BazzaS,

 

 

Your best hope at this stage is to offer a sincere apology to both the company and staff concerned and ask if you may be allowed to protect your good name by being allowed to pay all of the administrative costs incurred by the rail company and any outstanding fares. Giving a false name and address when initially questioned does raise these matters to a more serious level and given that you have no proof of having purchased the lost ticket, it is encouraging for you that FCC have not proceeded with the S.5 RoRA charge

[Grotesque]

Yes it rather sounds- only sounds, mind you- as if perhaps the original provision of false details was not mentioned in the Inspector's report after all.

[Stevefoxy]

I was wondering whether they have not mentioned it so that they dont let me know their entire prosecution case. I am really quite worried about whats going to happen now but i shall write another letter and see how things proceed.

[Grotesque]

No, as O/C said above, if they were going to proceed with it, it would have been a prosecution under the statute rather than the bylaw (being, as it were, 'bang to rights').

[CoalMonkey]

If you have actually have received a summons for fare evasion and/or giving false particulars your only option is to declare this to your employer, and refer yourself to your regulatory body ASAP. It will be tough, but this will go in your favor over the course of any disciplinary/ fitness to practice procedures.

 

 

Good Luck

[Grotesque]

Err nice one CoalMonkey LOL but perhaps let's not cross our bridges before they've hatched... what you suggest is much further down the line as yet and their is still much to be done re. the actual case.

[BazzaS]

Err nice one CoalMonkey LOL but perhaps let's not cross our bridges before they've hatched... what you suggest is much further down the line as yet and their is still much to be done re. the actual case.

 

Agreed.

 

The aim is to prevent a successful prosecution if possible.

 

If that fails and you get convicted THEN is the time to tell your employer and regulatory body.

 

Different if you were charged with murder, but here there is still the chance you can get them not to proceed!

[CoalMonkey]

he stated in another thread he has received a summons for the magi court. therefore as he is a health prof he does have to declare this now, even if he's not been convicted yet.

[Grotesque]

It was not a summons. it is a letter from a railway prosecutor. Ergo two different things.

 

Where's my Davey lamp?! LOL

[Stevefoxy]

You're right. However the letter stated i shall receive a court summons soon. Thus i am panicking now. Thank you for the help. Also wanted to ask if it would be okay to call them and try to persuade them to make an out of court settlement? Or must it be written?

[Old-CodJA]

You're right. However the letter stated i shall receive a court summons soon. Thus i am panicking now. Thank you for the help. Also wanted to ask if it would be okay to call them and try to persuade them to make an out of court settlement? Or must it be written?

 

 

 

it is always best to put any such appeal in writing, there is then a tangible record of exactly what you have said in requesting such a consideration

 

Many prosecution departments will not actually give any decision by telephone in any case. A signed letter will have much more value.

[Stevefoxy]

So I've been in touch with some solicitors who want £1500 to represent me and are confident they can prevent a criminal record.

They informed me that if First Capital Connect have applied for a court summons this will already be on an eDRB.

 

Would it be a good idea to pay them and do this or to try and get Legal Aid? I have no idea..

[Grotesque]

So I've been in touch with some solicitors who want £1500 to represent me and are confident they can prevent a criminal record.

 

Are they indeed. What exactly is their area of specialism and what is their pro rata success rate with cases under railway Bylaws? I would want (positive) answers to these questions from them before I parted with my f-oldin' money!!!

[honeybee13]

Hello again.

 

I don't think rail offences normally qualify for legal aid.

 

HB

[Stevefoxy]

Are they indeed. What exactly is their area of specialism and what is their pro rata success rate with cases under railway Bylaws? I would want (positive) answers to these questions from them before I parted with my f-oldin' money!!!

 

They are Gray Hooper Holt and specialise in Fare Evasion. I shall ask them their success rate and post back.

[Grotesque]

I see they list some 'successful' case studies here: http://www.grayhooperholt.co.uk/successful-fare-evasion-cases.html

 

I note that the vast majority involve making 'detailed representations' to the prosecutors- in other words, exactly what you are being advised to do here, except saving you £1500 See, likewise, those cases did not involve proving the company to be 'in the wrong' or without legal foundation, but achieving administrative- out of court- settlements; again what is being advised here.

 

I in no way criticise or defend anyone using this or any other firm for this purpose, but would merely point out that in the context of 'value for money' any expenditure appears to for very little more than you could actually do yourself.

[Old-CodJA]

What is referred to as 'fare evasion' is legally charged as 'intent to avoid a fare or part thereof'.

 

'Intent to avoid a fare' and 'Breach of Byelaw' are two different things.

 

If convicted, intent to avoid a fare carries a record of criminal conviction. It is a recordable offence.

 

Conviction for breach of Byelaw does not result in a criminal record.

 

These offences do not qualify for legal aid. (unless an offender has a record for a number of similar convictions for intent to avoid a fare and would then be in danger of being sentenced to custody.)

[Grotesque]

Yes O/C- see they even state themselves 'N.B. PLEASE NOTE THAT GRAY HOOPER HOLT NO LONGER CARRY OUT LEGAL AID WORK IN THIS AREA. ALL CLIENTS ARE REPRESENTED ON A PRIVATE BASIS' which is pretty emphatic!!! lol

[honeybee13]

OC, I seem to remember that you have commented on smart alec lawyers not helping cases in the past. I'm not asking about these specific lawyers of course , but what is your view on the more specialist ones and how effective they are please?

 

I understand if you feel commenting is wrong, just thought it might help the OP if you can share any experiences.

 

HB