PLEASE HELP ! Transport Investigation Limited

[cardiff150508]

Hi all

 

im writing this on behalf of my 26 year old son and would appreaciate any help you could give.On 11th July 2014 heoarded arriva Trains Wales from lisvane to Cardiff Queen Street when he got to Cardiff he realised that he didnt have enough moeny for his ticket so he attempted to buy a ticket from heath to cardiff as he needed to get to work.

 

He was then questioned by a transport officer and he admitted he had come from from lisvane and didnt have enough money for his ticket, the transport officer told him he was caling the police and then would need to speak to him at this point my son ran through the barriers and out of the station. He has since been catching the trains and last week got stopped by them again but this time he admitted what he had done and gave them his details.

 

The police were called but because he has apoligised and cooperated they told him it was a civil matter and left him to deal with transport investigation Ltd. He is now waiting to recieve a letter in regards to this from transport investigation Ltd but is pannicing he may well go to jail. It is totally out of charcater for him and he has been off work due to stress as his wife is due with there second child in the next 3 weeks and a member of the family has recent been diagnosed with cancer this is why when he was told the police were on there way he panniced !

 

Could you please help if anyone has been in this position or knows what hes up against hes only been in trouble once before in 2007 for Drink driving but recived a disqualification and a fine. CAB state that he could be charged up to £1000.00 but im more concerned about him going to jail.

 

Thanks

[rebel11]

Hi Cardiff

 

Welcome to CAG

 

First of all it is very unlikely that he will go to prison. No doubt the rail company will want to prosecute for fare evasion. Running off wasn't the smartest thing to do, having done that and being caught doing the same thing again, enough said

 

The best thing to do is wait for the letter, it is up to the rail company if they except the mitigating circumstances. When you seek to resolve the matter with the rail company via letter.

 

When you get the letter update the thread.

 

Spaces added to post.

[cardiff150508]

 

He didn't do it twice but when they spotted him they recognised him from running before and had CCTV inmates of him catching trains after the event. He totalling regrets running do you think his drink driving conviction will have any involved as it was over 5 years ago. Hopefully if they do decide to prosecute does anyone know if we could agree a settlement figure out of court?

[rebel11]

O.K. he had a valid ticket when they stopped him, they recognised him from CCTV images. You will have an opportunity to respond and can ask for an out of court settlement, but it is up to them if they will accept.

 

[cardiff150508]

Im hopeful for an out of court settlement just due to the fact i dont think he could handle going to court however if he pleads guilty does he have to attend court or could he just wait to be contacted on how he needs to repay the fine? do you not think they would loom at sending him to jail as he has had previous conviction ?

[rebel11]

If he pleads guilty he doesn't have to attend court, but can send in a letter with any mitigating circumstances. I think it unlikely, but there is no certainty. When you get the letter update the thread so we can advise further. We have industry experts.

 

[Bazooka Boo]

Please stop trying to second guess what they 'might' do.

 

Wait until you receive anything through the post.

 

A previous conviction that has no relation to fare evasion is not going to have any impact on any potential legal action they ''might'' bring.

 

All they are interested in is profit, so they will be much more likely to line their pockets, besides, only a judge can order custodial sentences.

And as this would be a first offence (for evasion) it is incredibly unlikely.

[cardiff150508]

Hi all bit of an update

 

my son has received a caution from the BTP and paid for all costs to repair the atomatic barrier which totalled £1298.00.

 

he is being taken to court by transport investigations limited under section 5 of railway byelaws of 1889 for fare evasion.

He has wrote to them asking if he could settle the matter out of court

they have confirmed that they are happy to continue with court action.

 

I have seeked some advice on his behalf and have been told that his caution won't matter in court and as its his 1st time for fare evasion he will be looking to pay around £800 in total including court costs, victim surcharge etc

 

I would like to still try and settle this out of court if possible

could anyone please advise if it would be worth writing to transport investigations offering to pay £500/£600 in full and final settlement or to just wait for the court summons,complete the means form and await for the outcome?

[rebel11]

Hi cardiff150508

 

You can consider writing to the company as you have the reference number. In your letter quote the Ref Number on the letter previously sent to you. An example of a letter can be found in post no.18 in the link below.

 

Amend it accordingly so you quote the correct railway regulation in the letter and that applies to your case. Don't copy the letter.Your letter needs to have more substance and be personalized to your particular case. Convey that your son regrets his actions and is apologetic.

 

Also send photocopies of your ticket purchases as proof that you pay and abide by railway regulations, this is very important.

 

Also add any mitigating cirumstances, i.e. his work/career, any health issues etc.

 

Send it Recorded Delivery.

 

Also don't mention any figures, let them come back to you with a figure.

 

http://www.consumeractiongroup.c o.uk...ly-travel-card

 

The matter can even be settled out of court on the day of the hearing.

 

You need to keep trying.

 

 

[cardiff150508]

He has previously sent a letter stating he wishes to settle this out of court due to his father in law being diagnosed with cancer and his wife suffering from post natal depression but they have just replied stating they happy to continue with court action. He does have 6 months worth of tickets bought after the event and two tickets which he bought before which he could also photocopy and send if the matter does proceed to court I know his intention is not to attend but would it be better for him to do so?

[rebel11]

Send another letter, ask them to reconsider, maybe send some medical evidence, a doctors letter showing that he has been under considerable stress and pressure because of his father-in-law and wife's illnessess. Send copies of the tickets. If it isn't resolved by the date of the hearing then he still has an opportunity on the day of the hearing, but lets not think about that at the moment. He has mitigating circumstances get the proof so they can see it's out of character, get a character reference as well.

 

[cardiff150508]

on the last letter he received

it states that an application for summons has been issued and they would let us know once a date has arranged

 

 

does this mean the case is definitely going to court or can a court say otherwise?

 

 

Also it states that he can be fined up to level 3 on the standard scale

or at magistrates descreation a term of imprisonment

 

 

has anyone ever been jailed for fare evasion?

 

 

As from what Ive been told even tho he ran this doesn't really matter as fare evading is fare evading whether he ran or walked out without paying

[rebel11]

If it's the first time it is very, very unlikely, almost zero per cent chance of going to jail. Correct on fare evasion, ran or walked, doesn't matter. They will issue a summons, don't worry about what they are going to do, you need to use every avenue to get an out of court settlement, write to them, lets see what they say.

 

[Old-CodJA]

on the last letter he received

it states that an application for summons has been issued and they would let us know once a date has arranged

 

does this mean the case is definitely going to court or can a court say otherwise?

 

It is the right of the company to decide whether or not they will prosecute the matter. The decision as to whether or not a Summons is issued will be with their prosecution unit.

 

Also it states that he can be fined up to level 3 on the standard scale

or at magistrates descreation a term of imprisonment

 

has anyone ever been jailed for fare evasion?

 

The answer to that final part of the question is 'yes'.

 

Going back to your earlier post, the Police were wrong to say that fare evasion is a civil matter.

 

It is not a civil matter, avoidance of fare contrary to Section 5 of The Regulation of Railways Act [1889] is criminal offence and conviction is a recordable matter.

 

The penalty for a first conviction may be a fine of up to £1000 (Level 3 on the standard scale), but will be reduced by credit given for an early guilty plea. If pleading guilty a defendant does not need to attend Court, but can put the plea in writing along with any relevant mitigation and the Magistrates will be asked to deal with the matter in absentia. The Court will then write and advise the defendant of their decision.

 

You cannot be sentenced to custody on conviction for a first offence of this nature so if there is no previous conviction for avoiding a fare, the defendant cannot be sentenced to prison.

 

 

As from what Ive been told even tho he ran this doesn't really matter as fare evading is fare evading whether he ran or walked out without paying

 

 

That is correct, the Appeal Court judgment in Bremme (1964) determined that the fare is due at the time of travel and not later.

[cardiff150508]

Hi old-codJA thank you for your information

 

can I ask where you have obtained this from because I can't find anything to suggest he cannot be sentenced for first offence ?

 

Can I also ask when then say "up to level 3 on the standard scale" whats including in the standard scale and what's not ?

 

Finally once an application for summons has been issued is this reviewed by the court or do they just issue a summons?

 

Thanks in advance

Edited December 29, 2014 by honeybee13
Paras.

[honeybee13]

Hello again. I've put some paragraphs into your post to make it easier to read for the guys.

 

If you want to know a bit more about OC's experience, click on his username and it takes you to a page with his biography.

 

HB

[Old-CodJA]

A person can be convicted and only be sentenced to a fine for a first offence of intending to avoid a fare.

 

Section 5 of The Regulation of Railways Act [1889] makes clear that a custodial sentence is only an option available to Magistrates when sentencing for 'a second, or subsequent offence'.

[cardiff150508]

Hi old-codJA i can see that it does state that on regulation of railway 1889 is this the same as the railway byelaws 1889 as this is what he is being proscuted under.Many thanks

[BazzaS]

The bylaws aren't from 1889.

 

I'd usually post more, but I'm limiting the effort I put in now:

I don't want to spend ages typing something definitive to have to remove it.

[cardiff150508]

It states that hes charged with 'travel on a train without a valid ticket' contrary to S.5.3.a regulation of railways act (1889) but it also says breach of national railway byelaw 18 (2005) can I ask what the difference is?

[BazzaS]

S5 RRA 1889 is viewed as more serious but they have to show intent.

 

Bylaw 18 is failing to show a valid ticket on demand : it doesn't matter if it was a deliberate act, intent is irrelevant.

There are a few specific defences, but otherwise : it is "strict liability" - if a ticket wasn't shown on demand, and there isn't one of the specific defences, it is a "slam dunk" "guilty"

[cardiff150508]

It's S.5.3.a RRA 1889 on the letter he has recieved which ever they choose to charge him with would any of these a term of imprisonment or just a hefty fine to pay as he intends on pleading guilty anyway.

[BazzaS]

See previous answers : OCJ (& I) have answered this already.

[cardiff150508]

Apologies I don't understand why they would add on his letter magistrates descreation a term of imprisonment knowing it's his first offence and this isn't an option seems to be a bully boy tactic

[rebel11]

I think you need to deal with the 'matter in hand', you can deal with the contents of the letter later by complaining to the CEO of the rail company. If you can't settle the matter and it's heard by the court, I don't think the Judge will consider the contents of the letter at all.