Fare Evasion Help

[jared2594]

Hey everyone,

Back in March I was stopped by a fare evasion officer for only paying part journey for my ticket over the course of couple months (for the second time). The journey is to see my partner in Essex and I live in London, so I usually make the journey twice a month. The journey was from Chelmsford to Stratford and I only paid from Chelmsford to Sheinfield.

The officer was very nice and I gave all the correct information and answered truthfully

As this is my second time, I know i probably wont be able to settle out of court like the first time I got caught which I am completely fine with.

However, I still haven't had any form of communication from the train company (Greater Anglia) , where as the first time I had a phone call the same day and an email couple days after.

I just want your advice on the following :

• I am moving house a the end of June, do I need to inform greater Anglia that I am moving?
• How long does investigation usually take as this is taking quite a long time
• is there a chance that they aren't continuing with the investigation?
• Why have I not received any written communication like last time?

 

[MikeWh]

The investigation may be taking longer than usual because of staffing issues caused by the pandemic. I would definitely set up Royal Mail redirection for a year so that your post will still get through. It is also possible that it's been dropped, although I think that unlikely. If you have a reference number from the incident then you may want to let them know your new address, but as long as you set up redirection properly you shouldn't miss anything.

 

[Enthusiast]

They have six months from the date of the offence to begin court proceedings (if indeed that is what they intend to do). You may not hear until a week or two after proceedings have begun. Making sure you can receive your mail for at least that period would be wise.

 

[jared2594]

Hey both,

Thanks for the information

Do you recommend me trying to write to Greater Anglia or just leave it?

I didn't receive any information from the Fare evasion officer.

If it goes pass the 6th month, is that an indication that they have decided that they are not continuing with the investigation?

 

[Fawkes Cat]

If it goes pass the 6th month, is that an indication that they have decided that they are not continuing with the investigation?

Yes - but as @Enthusiast has explained, the six month limit is for the railway to get their case to court. The court then needs to notify you about when the case will be heard (or maybe give you the opportunity to plead guilty by post). So you can't be certain that you're in the clear exactly six months after the offence - you will have to wait a few weeks longer.

And while I don't know the letter of the law, it's clear from cases that we see here that if communication breaks down - maybe because you've changed your address - then that doesn't stop the railway taking you to court. If the railway and the court have taken reasonable steps to contact you (like writing to you at the address that they have for you) but have failed, then the prosecution can still go ahead in your absence. In that case, it might well be that the first you would hear would be a debt collector turning up on your doorstep a few years down the line to collect the fine, plus prosecution costs, plus court costs, plus debt collector's costs.

So @MikeWh 's advice to set up mail redirection is very good. If the railway or the court write to you then you don't want to miss the letter.

 

[jared2594]

Oh no I always was going to to set up a mail direction no doubt about that. I want to make the process as seamless as possible.

But all makes sense thanks for the help

 

[MikeWh]

Do you recommend me trying to write to Greater Anglia or just leave it?

If it was me I think I'd be inclined to leave it. You might get lucky in the current circumstances. If they do write to you then you can furnish them with your new address at that point.

 

[Brissle Girl]

I would do the full 12 month redirection (£68.99), given that there will be substantial delays in hearing court cases, as I suspect once they restart capacity will be somewhat lower than usual, as well as a backlog of cases.

 

[jared2594]

As this is a second time of the same offence, is there a chance I could go to jail?

 

[Fawkes Cat]

As this is a second time of the same offence, is there a chance I could go to jail?

No. If you are prosecuted, it will be a first prosecution.

We try hard on this forum not to be judgemental, but I would point out that you could save yourself a lot of distress by remembering to buy a ticket.

 

[Enthusiast]

As this is a second time of the same offence, is there a chance I could go to jail?

No chance. It is not an imprisonable offence. However, you may be sent to prison if you fail to pay any fines and costs ordered.

 

[Islineclear3_1]

If you live in London and you short-fared from Chelmsford to Shenfield (on the return journey), did you buy a ticket from Stratford to Chelmsford? How did you manage to exit at Chelmsford? Or did you get off en-route and buy a ticket to Chelmsford to exit the barriers?. If this goes to court, they may be considering this question

 

[Brissle Girl]

If you live in London and you short-fared from Chelmsford to Shenfield (on the return journey), did you buy a ticket from Stratford to Chelmsford? How did you manage to exit at Chelmsford? Or did you get off en-route and buy a ticket to Chelmsford to exit the barriers?. If this goes to court, they may be considering this question

Probably best to consider that nearer the time, although it sounds as though the OP would plead guilty, in which case I’m not sure there would be any discussion at all.

 

[MikeWh]

If you live in London and you short-fared from Chelmsford to Shenfield (on the return journey), did you buy a ticket from Stratford to Chelmsford? How did you manage to exit at Chelmsford? Or did you get off en-route and buy a ticket to Chelmsford to exit the barriers?. If this goes to court, they may be considering this question

Probably best to consider that nearer the time, although it sounds as though the OP would plead guilty, in which case I’m not sure there would be any discussion at all.

Agree with Brissle Girl, but from experience Stratford is a notorious location for doughnutters. RPIs often watch those who come off long distance trains and go straight to touch in an Oyster card because there are numerous validators within the station.