Fare evasion question

[xp9k]

Hi everyone,

 

 

I was really stupid and bought short tickets on South West trains. I bought a return from a station with barriers to the next stop along the line, but got off a few stops later where there were no barriers.

 

 

I have done this once or twice and was caught today and given a caution.

 

 

I am really worried about being prosecuted as a criminal record would ruin me! I'm only a student and I have no previous convictions or cautions.

 

 

I'm really worried about this - could anyone help? I know I have been really stupid to do this!

 

 

Thanks.

[xp9k]

I forgot to add - the difference in ticket price was only £5 - I don't know if that affects it at all!

[honeybee13]

Hi everyone,

 

 

I was really stupid and bought short tickets on South West trains. I bought a return from a station with barriers to the next stop along the line, but got off a few stops later where there were no barriers.

 

 

I have done this once or twice and was caught today and given a caution.

 

 

I am really worried about being prosecuted as a criminal record would ruin me! I'm only a student and I have no previous convictions or cautions.

 

 

I'm really worried about this - could anyone help? I know I have been really stupid to do this!

 

 

Thanks.

 

Hello and welcome to CAG.

 

I've moved your thread to the transport forum, with a short term redirect from the welcome forum where you posted. Here's a link to the new forum thread in case you need it.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?430855-Fare-evasion-question

 

My best, HB

[honeybee13]

Hello again.

 

When you say you were given a caution, is that what happened or do you mean you were interviewed under caution please?

 

Either way, you must make sure that you buy tickets in future, because if you're caught again it will be looked on very badly.

 

HB

[xp9k]

There were revenue collection guards at the station where I got off and she cautioned me there. She asked me some questions and wrote it down in her little book.

 

 

Thanks for your response!

[rebel11]

Hi xp9k

 

Firstly you need to change your mindset, 'it will not ruin you'. Start thinking positive, you made an error of judgement.

 

You need to wait until you get a letter from the South West Trains. Once you do post up the details, you can then consider writing to them to see if they will consider an out of court settlement, you'll need to be upfront and honest. In the mean time try not to worry.

[xp9k]

Thanks. Do you think it is worth writing them a letter before I receive anything from them?

[rebel11]

Hi xp9k

 

I think you are going to need a reference number, so they can link the letter you send to the caution you received. There is no point in 'jumping the gun'. We have some industry experts who can advise on the matter. They can advise on the contents of the letter you receive.

 

Thanks. Do you think it is worth writing them a letter before I receive anything from them?

[honeybee13]

I agree with rebel.

 

The industry guys always say wait for the letter so you have a reference and the name of who's dealing with your case. Letters can take up to 6 weeks to arrive, sometimes more in busy times of year.

 

Then you will know which law or byelaw they're looking at. But there's always the chance that it won't be reported and nothing will happen. I'm afraid waiting is the best thing to do.

 

And as I said, make sure you buy the right tickets in future.

 

HB

[BazzaS]

Advice so far is spot on. Wait for the letter (else any communications may not get linked to your case, and just in case the paperwork gets lost : why create a paper trail).

 

There are 2 main ways they could proceeed if they took you to court:

A) Bylaw 18. 18(2) (that you didn't show a ticket on demand) : well, you did show a ticket, just not a valid one!, but 18(1) holds that you must have a valid ticket. If in a 'compulsory ticket area' read 17(1)/(2) for 18(1)/(2)

 

B) S5(3)(b) of the Regulation of Railways Act 1889 (as amended),

"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"

 

Bylaw 18 is "strict liability" : they don't have to show intent. The good news is it is seen as 'less serious', the bad news is that you can't offer lack of intent as a defence: either you had a (valid) ticket or you didn't.

 

S5(3) is seen as a more serious offence, and more likely to show in a DBS (if you need one). Both would show in an eDBS (enhanced DBS). To be found guilty (if you were to plead 'not guilty') they would have to show you intended to offer a short fare : what will the staff member's notes (taken under caution?) reflect what you said?

 

As others have noted:

1) wait until you get the letter, try not to worry too much in the interim

2) When you have the letter post back here, you'll want to maximise your chances of getting them to agree an out of court administrative settlement (which they don't have to offer you!),

3) Don't do it again! (as that is the only way to be sure you won't get caught again) : if you again get reported it would be very difficult to avoid prosecution for the 2nd report.

Edited August 14, 2014 by BazzaS
edited to clarify Bylaw 18 as 1891) and 18(2)