Fare Evasion? How to proceed?

[Maxpower]

Good morning all,

I have this morning been spoken to by an attendant for holding an invalid ticket.

I have travelled from Irlam to Manchester Oxford road for the first time this morning. Since moving house from nearby Swinton.

At Irlam station there is no ticket office unlike Swinton, and the only ticket machine on the platform accepted bank cards.

Having no bank cards on me only loose change I got on the train intending to pay the conductor. The train was at 8.10am and to say it was full is an understatement. The conductor never appeared in our carriage .

I got off at Oxford road and went straight to the ticket office, when the person in-front of me (who got on at irlam) asked for his ticket and the cost was almost £4 I panicked, id realised I didn't have enough cash. When asked where I got on I told them Trafford Park as It was the only station on the route I could remember. I paid the £2.20 and then was stopped by the person at the gate, who took all my details and told me to expect a letter for fare evasion.

I am a nervous wreck after reading several threads about criminal records and huge fines. If id have known the fare was going to be that cost I wouldn't have boarded, but I did and then panicked at Oxford road. (Journey from Swinton to Salford Central was about £3.10 when i lived there), I was totally unprepared for a £4 fare.

What should I be expecting to happen now? I have never been in this kind of situation and don't want to be again. I hold my hands up what i've done was wrong, but I panicked and just didn't know what to do.

Any advice or help on how to proceed or what happens next would be appreciated.
Regards Max

 

[Wath Yard]

An Anytime Single from Swinton - Salford is £3.30 and one from Irlam - Manchester is £3.80 so it's only 50p more. I'm assuming you didn't intend to do much in Manchester if you didn't have a card and caried less than 50p more than you expected to pay for the train.

TOCs tend to take a dim view of deliberate fare evasion, which lying about your origin is, so you'll probably get a notice of intention to prosecute where they ask for your version of events, probably followed by a court summons.

 

[Maxpower]

An Anytime Single from Swinton - Salford is £3.30 and one from Irlam - Manchester is £3.80 so it's only 50p more. I'm assuming you didn't intend to do much in Manchester if you didn't have a card and caried less than 50p more than you expected to pay for the train.

TOCs tend to take a dim view of deliberate fare evasion, which lying about your origin is, so you'll probably get a notice of intention to prosecute where they ask for your version of events, probably followed by a court summons.

I just had loose change in my pocket, I didn't realise there was so little in it.

I didn't know what else to do at the time and panicked, I know what I have done is wrong but I cannot change that now. I understand why they take a dim view, but I am not a serial offender just someone who has made a poor choice / decision.

A court summons straight off seems drastic. Will they not ask for a fine to be paid, like a standard fare even if that is £500?

If it went to court do you get a criminal record or a caution? Never been in trouble before.

 

[222007]

You say it seems drastic but look at it from the train companys point of view they lost out. A few questions i have though

* Did you get cautioned?
* Did you admit to the staff member you had come from further afield than your ticket?

 

[Wath Yard]

How they proceed following your replying to the notice to prosecute depends on whether they believe you had good cause for not having a valid ticket or the means to pay for one, however lying about where you came from won't help your cause.

You need to wait until contacted by Northern. Some TOCs will settle out of court, and even if they don't there are two possible consequencies of being found guilty in court; one being more serious than the other, depending on what legislation they use to prosecute.

 

[Maxpower]

You say it seems drastic but look at it from the train companys point of view they lost out. A few questions i have though

* Did you get cautioned?
* Did you admit to the staff member you had come from further afield than your ticket?

I understand regarding their loss. All for 50p i'm so annoyed with myself, but we live and learn, although in this case it could be an expensive lesson.

I wasnt told I was cautioned? I assume they would say your under caution or this is being recorded or something? (Don't know how that works, never been in a situation like this before)
The man simply asked for a word "over here" and spoke to me at the side of the ticket machine and took notes on the event and took my ticket and then asked me to sign the ticket and also sign where he asked me to jott down my address and DOB. He didnt ask me to sign the notes he made to check if they were a true representation or anything like that.

 

[michael769]

Hi maxpower,

Only the courts can issue fines. Other bodies like train companies have no ability to fine you.

As you admit that you knowingly provided a false starting station the train company is likely to have sufficient evidence to proceed with a prosecution for fare evasion. This most likely outcome on conviction will be a fine, costs and a mandatory victim surcharge. The offence does result in a criminal record. ToCs do not issue cautions.

The next stage is will be for the train company to write to you to give you an opportunity to give your side (this is often as part of a notice of intended prosecution) - your response to this will determine what they decide to do.

In some cases train companies will accept an apology and offer of an out of court settlement (typically a three figure sum) to cover their costs. However their willingness to do this varies by train company, and also with the strength of their case.

I am guessing from the stations you mention that the ToC in question is Norther Railn - if so I am afraid to say that I understand that Northern is less willing to accept out of court settlements than other operators.

In the short term this is nothing for you to do, as you need to wait for any letter arriving from the ToCs prosecutions department. It can take some time (a few months is not unheard of) for this to arrive.

 

[LexyBoy]

You can expect to recieve a letter asking for your version of events. Unfortunately your accout definitely puts you in the fare evader category, as you misrepresented your journey in order to pay less than the fare due. (I fully understand how such a mistake can be made in the heat of the moment, and don't mean this to sound accusatory, however in law there's no difference between this and setting out all along to pay less). I think mentioning that you did not have any means to pay the fare is not going to help your cause in any way, but I don't know how you can avoid stating this whilst being honest (unless you just say that it is true that you travelled from Irlam but asked for a ticket from Trafford Park, which wouldn't be any better).

Only a court can impose a fine. The TOC (Northern presumably) could offer to settle out of court, or may accept such a proposal from you (along with an apology and promise never to do it again). Unfortunately though Northern seem to be less willing than other TOCs to settle out of court when they have a strong case.

Whether a criminal record will result will depend on the offense the prosecutions department decide to go for. A Railway Byelaw prosecution results in a fine but is not recordable, a Regulations of the Railways Act prosecution is recordable. In your case unfortuately it seems that a RoRA prosecution is likely as intent to avoid the fare can easily be proven.

I also agree that it seems a little odd that you went out with only (what you thought was) enough money for a single journey. Not that there's anything stopping you doing so, but it's your responsibility to be able to pay for the journey made.

 

[Maxpower]

Thank you for your responses.
Completely understand the implications of my actions and I am well and truly sorry for them, and I understand how the view of the ToC will be a simple fare evader categorisation.

The TOC (Northern presumably) could offer to settle out of court, or may accept such a proposal from you (along with an apology and promise never to do it again). Unfortunately though Northern seem to be less willing than other TOCs to settle out of court when they have a strong case.

Would I suggest such a thing in my response to their intention to prosecute letter that I will receive or will they suggest it?

As you admit that you knowingly provided a false starting station the train company is likely to have sufficient evidence to proceed with a prosecution for fare evasion

Just wondering how this is upheld, they have an unsigned statement and a ticket? Couldn't this be anyone?
I am not looking to get away with anything, I know what I've done is wrong I just wondered how they can present something like that to a court?

 

[michael769]

Would I suggest such a thing in my response to their intention to prosecute letter that I will receive or will they suggest it?

It depends ToCs have been known to suggest it - if not you can certainly make such an offer that this point.

Just wondering how this is upheld, they have an unsigned statement and a ticket? Couldn't this be anyone?
I am not looking to get away with anything, I know what I've done is wrong I just wondered how they can present something like that to a court?

There is no requirement in law for any statement to be signed - it can be helpful to get a signature but witness evidence by the person who took confirming that it is what you said to them is perfectly admissible in court.

At this stage it is impossible to say what evidence they have (other than whatever you said to them). I can only tell you that RPIs do not stop random people to accuse them to lying about their starting station so they must have already had something to prompt them to act.

 

[telstarbox]

Is there any chance of CCTV evidence being available to show that the OP boarded at Irlam?

 

[Maxpower]

At this stage it is impossible to say what evidence they have (other than whatever you said to them). I can only tell you that RPIs do not stop random people to accuse them to lying about their starting station so they must have already had something to prompt them to act.

The person that spoke to me said there should have been an attendant at the trafford park station giving out kind of raffle tickets for you to present when buying your ticket to prove where you came from.

Thank you for your help and advice. Ill just wait for the letter, seems some people wait for a significant amount of time for there's. ill then reply with a letter offering to pay the ToC for admin fees etc along with an apology and promise never to do such an out of character thing again.

 

[island]

Northern has been known to settle matters like this for a fixed sum of £80. You'll have to wait for the letter to come in the post though.

 

[scrapy]

Good morning all,


I am a nervous wreck after reading several threads about criminal records and huge fines. If id have known the fare was going to be that cost I wouldn't have boarded, but I did and then panicked at Oxford road. (Journey from Swinton to Salford Central was about £3.10 when i lived there), I was totally unprepared for a £4 fare.

Swinton to Salford Central is just over 4 miles, Irlam to Manchester Oxford Rd is around 8.5 miles (distances as crow flies) so a £4 fare (£3.80 actually) for around double the distance isn't unreasonable. The advice given earlier of offering about £80 to cover costs and an apology is probably the best bet, wouldn't hurt your chances to offer the £3.80 fare as well. Northern will generally settle out of court provided it is a first offence and other than the dishonesty over your boarding point the personal details you gave to the RPI were correct and you were not in any way abusive. (I am not trying to infer in anyway you were abusive, I have just been told that in general they will not settle out of court where people are).

 

[Maxpower]

Swinton to Salford Central is just over 4 miles, Irlam to Manchester Oxford Rd is around 8.5 miles (distances as crow flies) so a £4 fare (£3.80 actually) for around double the distance isn't unreasonable. The advice given earlier of offering about £80 to cover costs and an apology is probably the best bet, wouldn't hurt your chances to offer the £3.80 fare as well. Northern will generally settle out of court provided it is a first offence and other than the dishonesty over your boarding point the personal details you gave to the RPI were correct and you were not in any way abusive. (I am not trying to infer in anyway you were abusive, I have just been told that in general they will not settle out of court where people are).

Thanks again for the replies. I have started to draft a letter while all details are clear in my thoughts.
I was not abusive at all just in shock. I'm not the type of person to rant and rave. It is the first and I can assure you the last time this will happen.

I hadn't really thought about the distance of the journey, but when you outline those I suppose it is correct but I was obviously daft enough not to appreciate or think about that at the time.

Obviously I'm waiting for the letter to appear. I thank you for all your comments and advice etc. I do appreciate it. I truly hope it can be settled out of court and with me paying them some compensation. Thanks again.

 

[Maxpower]

I just thought I would share with you what happened, as people don't tend to mention that after requesting help on here.

I received a letter yesterday (3months after incident). It outlines I committed an offence under section *5.3(a) of the regulation railways act.

The letter is a fixed penalty notice for £80 + the cost of a train ticket which they value at £3.10. I have 14 days from date stamped on the letter to pay and then no further proceedings will be taken for the offence, and to which they say will bring a satisfactory conclusion of the matter. Any failure to respond will result in legal action.

The letter came from Northern Rail debt recovery unit.

Thanks for everyone's advice at the time.

 

[cuccir]

Thanks for letting us know. This is a relatively good result for you - if they attempt to prosecute under the Regulations of the Railway Act then you'd be looking at a higher fine and a criminal record if convicted. Not that I'm too keen on Northern Rail's legislation-bypassing 'fixed penalty notice' system, but in this instance it's served you well!

 

[misstt]

I just thought I would share with you what happened, as people don't tend to mention that after requesting help on here.

I received a letter yesterday (3months after incident). It outlines I committed an offence under section *5.3(a) of the regulation railways act.

The letter is a fixed penalty notice for £80 + the cost of a train ticket which they value at £3.10. I have 14 days from date stamped on the letter to pay and then no further proceedings will be taken for the offence, and to which they say will bring a satisfactory conclusion of the matter. Any failure to respond will result in legal action.

The letter came from Northern Rail debt recovery unit.

Thanks for everyone's advice at the time.

Was this the first you heard from them or did you receive a letter before this asking you to explain the incident?