SouthWest court summons byelaw 18(1)

[Notme61]

Hi all, today i received a court summons and would greatly appreciate some advice/help from some one with similar experience or knowledge. I am 19, i was 18 at the time.

 

I have just received a magistrates summon, stating that i was questioned at Guildford and failed to show a valid ticket. in the statement written by the ticket officer its references that i had appropriate change, (so intent to pay) and that my reasoning was due to the ticket machine not taking my change.

 

I received several documents but am a bit lost on what is my best option, I personally think that pleading guilty would be the best options.

 

However i am unsure if being present at court would benefit me? Or whether i should sign guilty and provide a cover letter?

 

I'm also would like to know what kind of result this will have eg criminal record, as well as general thoughts on the matter.

 

any help would be greatly appreciated.

Edited October 2, 2015 by Notme61

[honeybee13]

Hello and welcome to CAG.

 

Are you talking about South West trains? If so, I'll move you from the local authority parking forum to the public transport one.

 

My best, HB

[Notme61]

Yeah its South West trains, new to forum thanks.

[honeybee13]

Right, I'll move your thread to the transport forum and leave you a link to follow.

 

HB

[BazzaS]

Hi all, today i received a court summons and would greatly appreciate some advice/help from some one with similar experience or knowledge. I am 19, i was 18 at the time.

 

I have just received a magistrates summon, stating that i was questioned at Guildford and failed to show a valid ticket. in the statement written by the ticket officer its references that i had appropriate change, (so intent to pay) and that my reasoning was due to the ticket machine not taking my change.

 

I received several documents but am a bit lost on what is my best option, I personally think that pleading guilty would be the best options.

 

However i am unsure if being present at court would benefit me? Or whether i should sign guilty and provide a cover letter?

 

I'm also would like to know what kind of result this will have eg criminal record, as well as general thoughts on the matter.

 

any help would be greatly appreciated.

 

Intent is relevant if you had been summonsed under some of the parts of S5 of the Regulation of Railways Act 1889.

 

However, Bylaw 18 is a "strict liability offence". You might have been (or still might be?) able to use lack of intent to avoid your fare to persuade them not to prosecute, but if it does go to court lack of intent won't stop you being convicted but might be mitigation (to reduce the punishment).

 

 

18 (1) In any area not designated as a compulsory ticket area, no person shall enter any train for the purpose of travelling on the railway unless he has with him a valid ticket entitling him to travel.

 

The defences are:

(I) There were no facilities in working order for the issue or validation of any ticket at the time when, and the station where, he began his journey; or

(ii) there was a notice at the station where he began his journey permitting journeys to be started without a valid ticket; or

(iii) an authorised person gave him permission to travel without a valid ticket.

 

 

The court will consider:

did you enter a train for the purpose of travelling on the railway?

If so, did you have with you a valid ticket entitling you to travel?

If not, do any of the specific defences apply?

If not they MUST find you guilty, regardless of if you intended to avoid your fare.

If this is the case you should try to avoid court by seeking an administrative settlement.

 

Can you tell us more about what happened (including when you were stopped), if the TOC wrote to you, and any reply you gave.

 

"Guilty" under 18(1) (by plea or conviction in court) usually creates a "non-recordable" conviction.

You can't go to prison (only get fined), and it generally won't show on a basic or standard Disclosure, but will show an enhanced Disclosure.

 

Are you likely to need an eDBS / apply for jobs exempt from the provisions of the Rehabilitation of Offenders legislation?

[Notme61]

Thank that clears up quite a bit, I don't plan to go into a job that requires an advance eDBS check such as teaching.

 

From what went down it was defiantly my fault i was being careless, The machine was spitting my coins out so decided not to get a ticket (stupid reason i know), not thinking about the ticket office as i always use the machines.

 

I got caught at a change over station. The ticket officer took my details and in the documents there is a written statement, It explains that I had money in change and that i explained that the machines where rejecting my change, its turns out one of them was faulty. However i still think that its best just to plead guilty as there was a open ticket office.

 

I'm happy to pay a fine to just get this over with, and write a plea of guilt letter apologizing.

 

Because its a bye law its defiantly wont be a permanent record?, this is the main thing i am concerned with. Just to clarify on the first page is says "Having contravened Bye Law No.18(1)"

[BazzaS]

Thank that clears up quite a bit, I don't plan to go into a job that requires an advance eDBS check such as teaching.

 

From what went down it was defiantly my fault i was being careless, The machine was spitting my coins out so decided not to get a ticket (stupid reason i know), not thinking about the ticket office as i always use the machines.

 

I got caught at a change over station. The ticket officer took my details and in the documents there is a written statement, It explains that I had money in change and that i explained that the machines where rejecting my change, its turns out one of them was faulty. However i still think that its best just to plead guilty as there was a open ticket office.

 

I'm happy to pay a fine to just get this over with, and write a plea of guilt letter apologizing.

 

Because its a bye law its defiantly wont be a permanent record?, this is the main thing i am concerned with. Just to clarify on the first page is says "Having contravened Bye Law No.18(1)"

 

Did the TOC write to you?

Did you try for an administrative settlement??

 

"Because its a bye law its defiantly wont be a permanent record?, this is the main thing i am concerned with"

 

What do you mean by "a permanent record"?

 

As a "non-recordable" conviction it wouldn't show on a basic check or standardDBS, and as the most severe penalty possible is a fine the "worst case scenario" for how long it would be before the conviction is "spent" is 1 year.

 

However, "guilty" (by plea or conviction) would always (so, even after a year) show on an eDBS / be required to be declared on a job application if the application form notes the post is one exempt from the Rehabilitation of Offenders legislation, as for the purposes of these convictions never become "spent".

[Old-CodJA]

I personally think that pleading guilty would be the best options.

 

 

 

I agree, because your intention at the time is irrelevant .

 

If, as you have been, you are charged with a strict liability offence, all the prosecutor has to show is that you were there and did the thing that you are accused of.

 

If you send a written guilty plea and a statement of income & outgoings (that's the MC100 which is one of the forms you have received) then the Court can only take into account what you have provided for their information.

 

If you attend and show remorse, apologise and make yourself available to the Magistrates to answer any query that they might have, then they may, I stress MAY, be a little more lenient when imposing the financial penalty of any fine & costs awards. Attending will also give you a final opportunity to speak with the prosecutor outside the Court to see if an alternative disposal might be achieved

 

If you are not there they will normally deal with you in accordance with sentencing guidelines.

[Stigy]

I'd certainly contact SWT's Prosecutions Department and offer to meet their reasonable costs in order to remain out of court, if you're in a position to. From experience, SWT are very lenient with first time offenders. This leads me on to my next question; I find it strange that you have even got a court summons to be honest. Did SWT not write to you in the first instance asking you to explain your actions etc? Usually they'll do so and only if you give an unsatisfactory answer or not responded in the given timeframe, will they progress to court. Given the charge here, you seem quite genuine.