Fare Evasion Case

[t.s888]

Hi,

I have been living abroad for the past four months and have come back to the UK in the last few weeks. During my time abroad, I received a summons from the court for "fare evasion on travelling on the railway without having previously paid the fare and with intent to avoid payment thereof". I also then received a notice of fine and collection order as I had been found guilty given that I didn't attend the court summons.

I travelled with the wrong oyster when entering the tube, but i was accidentally borrowing a friends oyster as I had lost my wallet a few days previously and took it by mistake. I have managed to put the notice of fine and collection order on hold (till mid November) given that I was out of the country but am unsure how to proceed. This was a mistake and I am now very worried given the criminal conviction attached to being found guilty and the impact on any future job prospects.

What would be the best way to proceed? i.e. even though court has already taken place I was out of the country. Is it possible to have a retrial and then seek an out of court settlement, if so, what would the risks be attached to it? or is an out of court settlement now out of the question?

Thanks and I hope to hear from you soon,

 

[najaB]

Admittedly I did travel with the wrong oyster when entering St Paul's tube, but i was just borrowing a friends oyster as I had lost my wallet a few days previously.

Did your friend's Oyster card contain a season ticket or travel card? How was the misuse detected? What, if anything, was said between yourself and the inspector/barrier staff on the day?

 

[yorkie]

Admittedly I did travel with the wrong oyster when entering St Paul's tube

Using a pass that you're not entitled to (the fact it's held on Oyster isn't relevant in this case) is a criminal offence. You later say this was a mistake, but you admit...

but i was just borrowing a friends oyster as I had lost my wallet a few days previously.

...that it wasn't a mistake; it sounds like you knowingly used a pass held on Oyster.

I have managed to put the notice of fine and collection order on hold (till mid November) given that I was out of the country but am unsure how to proceed.

By paying it, is what I'd recommend.

This was a mistake and I am now very worried given the criminal conviction attached to being found guilty and the impact on any future job prospects.

How was it a mistake? What did the Oyster card you picked up look like and what pass/discount did it contain? You knew it wasn't your pass, by your own admission.

What would be the best way to proceed? i.e. even though court has already taken place I was out of the country. Is it possible to have a retrial and then seek an out of court settlement, if so, what would the risks be attached to it? or is an out of court settlement now out of the question?

Given the matter has gone to court, it's difficult to see how a settlement can be reached to keep it out of court?

I'll let the legal experts advise you further, but it sounds like you knew you were using a pass which you weren't entitled to, have been found guilty, and therefore you now need to pay the fine ASAP.

 

[t.s888]

I believe I can request a retrial given that I was out of the country both when the summons was sent and when the trial occurred, so I had no idea it had happened until I returned.

I am happy to pay the fine - but don't want the criminal conviction attached as it will stay with me for the rest of my life. Which is why I wish to know if it is possible to pursue an out of court settlement if I request the retrial.

RE what was said, I told him that I had lost my wallet a few days ago but didn't realise that there was a monthly fare on the card and so assumed I would be touching in with the Pay as you go amount.

 

[yorkie]

I believe I can request a retrial given that I was out of the country both when the summons was sent and when the trial occurred, so I had no idea it had happened until I returned.

People have asked similar questions before, so you may be able to find the answer from previous threads.

I am happy to pay the fine - but don't want the criminal conviction attached as it will stay with me for the rest of my life. Which is why I wish to know if it is possible to pursue an out of court settlement if I request the retrial.

You can't pick the fine only and not the conviction, as it doesn't work like that.

RE what was said, I told him that I had lost my wallet a few days ago but didn't realise that there was a monthly fare on the card and so assumed I would be touching in with the Pay as you go amount.

What did the Oyster card look like exactly?

Do you have evidence of your wallet being lost? How was it lost? If stolen, do you have a crime reference number?

Did you make arrangements for mail to be forwarded to you?

How well do you know this friend; if you know them well enough to borrow the Oyster card it seems implausible that the pass held on it wasn't discussed?

 

[najaB]

I believe I can request a retrial given that I was out of the country both when the summons was sent and when the trial occurred, so I had no idea it had happened until I returned.

In theory you can, yes. But it may not be the best idea to go down that route - I suggest that you speak with a solicitor/citizen's advice to find out the implications of making a statutory declaration.

I am happy to pay the fine - but don't want the criminal conviction attached as it will stay with me for the rest of my life. Which is why I wish to know if it is possible to pursue an out of court settlement if I request the retrial.

A successful prosecution may or may not lead to a criminal record depending on which legislation the prosecution is brought under.

RE what was said, I told him that I had lost my wallet a few days ago but didn't realise that there was a monthly fare on the card and so assumed I would be touching in with the Pay as you go amount.

You still haven't said what kind of Oyster card you used? Was it a photo card?

 

[455driver]

When you were stopped did you know you were going out of the Country and if so did you tell them?
If the answer to the above question is no-
When you did find out you would be leaving the Country did you notify TfL (or whoever was named on the notice you were given) that you would be leaving and when?

If not then why should they reset the clock!

 

[MarlowDonkey]

It may not be relevant, but there's nothing on the face of an Oyster card to show whether there are any "specials" loaded on it.

Like many living outside London, I have a PAYG Oyster for occasional use inside London. Unlike many cards and tickets, in its plain form, I understand it is common user. In other words I could lend it to anyone at my discretion. Having realised that Railcards can be loaded to get cheaper fares, I have now loaded a Senior Railcard onto it. But it doesn't look any different. How I would unload the Senior Railcard if I didn't renew, I wouldn't know either. Presumably a trip to an open TfL ticket office.

 

[DaveNewcastle]

Is it possible to have a retrial and then seek an out of court settlement, if so, what would the risks be attached to it? or is an out of court settlement now out of the question?

Yes, it is technically possible "to have a retrial" which in this case would probably be by way of an Application for Extension of Time to Appeal, and it is technically possible for you to instigate this yourself.

In practice, I think you would need the professional experience of a law firm to arrange this for you.

But, I very much doubt that there is any benefit to you from this course of action. It will be expensive. The Court will find that your Guilt had correctly been established. It will (presumably) find that the Prosecution had acted properly in bringing the matter to the Courts, had notified you as far as they could and as they are required to do, and that the Court's Sentence was not innappropriate to the Crime. Perhaps there was a small error in assesing your means to pay the Fine; but if a small reduction in a fine is all that you have to bargain for, then it would be a foolish decision to proceed down that path.

The risk that you ask about is a high probability of a four digit cost.

. . . . I wish to know if it is possible to pursue an out of court settlement if I request the retrial.

There is one step missing from your analysis:
You could seek an Appeal (or as others seem to be suggesting, a retrial in the Magistrates Court following a Statutory Declaration).
You could be granted the retrial.
But, and surely this is the most important element - how could you successfully defend yourself against the Prosecution's claim against you? What compelling evidence do you have which makes it impossible for them to succeed in pursuing their Prosecution of the Offence which you have already admitted on here, if not to the Prosecution?

Yes, again I have to say, yes, it is technically possible, but to what end?

If you want to proceed by 'putting the clock back', than I'm sorry to have to tell you that the correct point in time to return to is the moment when you took someone else's Oyster Card to pay for your own travel, and I don't think anyone on here can help you to reset that clock.

 

[FOH]

It may not be relevant, but there's nothing on the face of an Oyster card to show whether there are any "specials" loaded on it.

Like many living outside London, I have a PAYG Oyster for occasional use inside London. Unlike many cards and tickets, in its plain form, I understand it is common user. In other words I could lend it to anyone at my discretion. Having realised that Railcards can be loaded to get cheaper fares, I have now loaded a Senior Railcard onto it. But it doesn't look any different. How I would unload the Senior Railcard if I didn't renew, I wouldn't know either. Presumably a trip to an open TfL ticket office.

I think the railcard discount has a start and end date which will be set to match those on your railcard.

 

[hassaanhc]

It may not be relevant, but there's nothing on the face of an Oyster card to show whether there are any "specials" loaded on it.

Like many living outside London, I have a PAYG Oyster for occasional use inside London. Unlike many cards and tickets, in its plain form, I understand it is common user. In other words I could lend it to anyone at my discretion. Having realised that Railcards can be loaded to get cheaper fares, I have now loaded a Senior Railcard onto it. But it doesn't look any different. How I would unload the Senior Railcard if I didn't renew, I wouldn't know either. Presumably a trip to an open TfL ticket office.

Recall from when my 16-25 was loaded, they entered the expiry date of it into the computer.

 

[DelayRepay]

I am happy to pay the fine - but don't want the criminal conviction attached as it will stay with me for the rest of my life. Which is why I wish to know if it is possible to pursue an out of court settlement if I request the retrial.

Unfortunately you have already been convicted and it's not optional. Some people have been able to avoid prosecution by negotiating an out of court settlement but this is not an automatic right and there is no guarantee you would have been able to negotiate this even if you had been in the UK and received the summons.

By your own admission you avoided paying the fare due by using someone else's monthly season ticket which is a criminal offence.

This does serve as a warning to others - a lot of people arrive on this forum having received a court summons and believe they can get out of the situation via an out of court settlement. This is often possible but it's not an automatic right; the only way you can guarantee to avoid being convicted is to make sure you do not break the law by avoiding paying the correct fare due.

 

[6Gman]

Slightly off-topic, but there is a problem with identifying Oyster cards.

My wife and I each hold an Oyster Card - both carry staff travel discount - one carries a pensioner bus entitlement.

Without making a note of the reference number it would not be possible to tell which is which (apart from the biroed initials we attached ).

Would it not be possible, and desirable, to have some distinctive letters printed/embossed on issue to identify the holder?

 

[tsr]

Would it not be possible, and desirable, to have some distinctive letters printed/embossed on issue to identify the holder?

Oyster cards are not especially cheap to manufacture and distribute, so I suspect widespread modification at this level would probably be unwelcome. A simple use case for Oyster could indicate that the user who is organised enough to load discounts onto their card would also be the user who is organised enough to always ensure they have theirs and not someone else's, and though that is vastly over-simplified, I expect TfL think they can mitigate any issues with the facilities available to check cards.

A better option perhaps would be to change the design so that an area on the front is printed white, with a legend indicating it is for your name, and (if it could be done at the same price) making the cards less glossy so it is easier to write on them!

(I should add that the production costs for Oyster cards are not related to the considerable actual amount of pay-as-you-go credit cumulatively loaded onto all of them. I have been reliably informed that production and distribution funding is not directly related, which, whilst I am sure it perhaps can be argued it should be, goes some way to show why TfL may be a bit "tight" about the medium itself!)

 

[yorkie]

Slightly off-topic, but there is a problem with identifying Oyster cards.

If they are plain Oyster cards, yes that's true.

But in most of the cases that have been posted (here and elsewhere), the card that has been borrowed turns out to be something like a Freedom pass or student card, and I suspect that's the case here. I'd be willing to bet on it! Partly because of the way the original post was written, and partly because no answer was given when asked what the Oyster card looked like. So, having been caught, the OP is best just simply paying the fine ASAP.

My wife and I each hold an Oyster Card - both carry staff travel discount - one carries a pensioner bus entitlement.

Without making a note of the reference number it would not be possible to tell which is which (apart from the biroed initials we attached ).

Would it not be possible, and desirable, to have some distinctive letters printed/embossed on issue to identify the holder?

Well, as you say people can do that themselves, though I am not sure how long biro ink will last. But I agree with tsr's suggestion of a dedicated area where it's easier to write on them.

 

[Squaddie]

Would it not be possible, and desirable, to have some distinctive letters printed/embossed on issue to identify the holder?

Why not just keep them in wallets of different designs? That's what I do to differentiate between my registered PAYG Oyster and the ones I keep for visitors. Or just put a strip of magic tape on the back and write your name on that with a marker pen.

I don't think this is a problem that requires a redesign of the Oyster cards themselves.

 

[bb21]

What are the odds then of people claiming that they "accidentally" swapped the cards?

It really is no big deal as I can see at the moment. If one has multiple cards of the same design, put a small sticky tape on each one with an identifier and you are good to go.

 

[Puffing Devil]

Yes, it is technically possible "to have a retrial" which in this case would probably be by way of an Application for Extension of Time to Appeal, and it is technically possible for you to instigate this yourself.

In practice, I think you would need the professional experience of a law firm to arrange this for you.

But, I very much doubt that there is any benefit to you from this course of action. It will be expensive. The Court will find that your Guilt had correctly been established. It will (presumably) find that the Prosecution had acted properly in bringing the matter to the Courts, had notified you as far as they could and as they are required to do, and that the Court's Sentence was not innappropriate to the Crime. Perhaps there was a small error in assesing your means to pay the Fine; but if a small reduction in a fine is all that you have to bargain for, then it would be a foolish decision to proceed down that path.

The risk that you ask about is a high probability of a four digit cost.

There is one step missing from your analysis:
You could seek an Appeal (or as others seem to be suggesting, a retrial in the Magistrates Court following a Statutory Declaration).
You could be granted the retrial.
But, and surely this is the most important element - how could you successfully defend yourself against the Prosecution's claim against you? What compelling evidence do you have which makes it impossible for them to succeed in pursuing their Prosecution of the Offence which you have already admitted on here, if not to the Prosecution?

Yes, again I have to say, yes, it is technically possible, but to what end?

If you want to proceed by 'putting the clock back', than I'm sorry to have to tell you that the correct point in time to return to is the moment when you took someone else's Oyster Card to pay for your own travel, and I don't think anyone on here can help you to reset that clock.

Adding briefly to this - there's little merit in going for a retrial, but there would be a benefit to you in making the Statutory Declaration and resetting the clock back to the Summons Stage. If you were to plead guilty at the first appearance on the new summons, you would benefit from having your fine based on you actual weekly income, instead of the presumed £400/week in absence. Also, you will get a 1/3 discount off the fine. Unless you're on a high income, this would be the way to go.

 

[DaveNewcastle]

Adding briefly to this - there's little merit in going for a retrial, but there would be a benefit to you in making the Statutory Declaration and resetting the clock back to the Summons Stage. . . . . .

I fully support Puffing Devil's analysis and conclusions.

There may be no more to be said than to advise making a Statutory Declaration and to abandon any thought of an Appeal;
but . . . .
. . . . I do have one lingering doubt. That doubt arises from the difficulty that on an internet forum we are removed both from 'the other side' and also from 'this side'. While it is absolutely correct to suggest making a Statutory Declaration in the abstract, if there is even the slightest truth in the proposition that t.s888 had been aware that there were legal proceedings against them taking place in the UK during their absence, then a Statutory Declaration to the contrary would amount to a Contempt of Court - an action which can carry a custodial sentence (i.e. prison).

For this reason alone, I hestitate in suggesting that an unknown person makes a Statutory Declaration with absolute certainty that they would not have been aware of and in reality, were not aware of, any legal proceedings against them in the slightest.

With that reservation, I fully agree with Puffing Devil's assessment of the benefits in terms of sentencing.

 

[t.s888]

Hi all,

Thank you very much to everyone for your responses, it has been a lot of help to help me assess the situation and apologies for the delay in replying. As a brief update, I am currently in discussions with a solicitor to discuss the best way to approach the case.

I really really really regret the decision that I made and I can't put into words how stupid I feel. Honestly, I will never do such a dumb thing again and am willing to accept any monetary fine they (righty) decide to impose but hope I don't get a criminal conviction. A criminal conviction will literally ruin the rest of my life as it will completely destroy any job prospects I have in progressing in my chosen industry.

I will update everyone (who cares to read) the outcome of this matter when I know. Again, thank you to everyone who had an input to my query.

All the best