Intent to prosecute letter - reusing carnet - Please help!

[potterfan]

Okay first off completely my fault but any guidance/advice will be greatly appreciated!!! so this is the story:

I boarded a rush hour train to St Pancras from Luton before Easter, upon arrival at the barriers I presented a used carnet ticket (I had scratched the last date entered), in a moment of madness and panic I then offered an undated carnet ticket to the station staff. Because it was such a busy time the station staff then called upon the revenue inspector who confiscated both those tickets. Upon being interviewed by the revenue inspector (I've never been so terrified - someone reading me my rights!?) I cooperated willingly and provided my details when asked for them.

I thought I would receive a penalty ticket but last week I got a notice of intention to prosecute with details of offence being entering the train for the purpose of travelling without a ticket entitling travel and altering a ticket with intent.

I'm a post graduate student about to complete and my degree and desperately wish to settle out of court! I cant afford to have a criminal record if I wish to stay in my chosen career path. I admit it was my fault but I've had a couple penalty tickets in the past and I'm worried this will affect their decision.

 

[cuccir]

Hello,

Well it's good that you accept it was your fault. Frankly, the event along with the previous penalty fares don't paint you in a good light.

From the wording you give, it appears that they intend to prosecute under Railway Bylaws 18 and 20. Are those mentioned on your letter? Does it mention the 'Regulations of the Railways Act' (RoRA) anywhere?

The importance of that is that the Bylaws would, if you're prosecuted, come with a lower fine and no criminal record (though they would appear on the enhanced 'DBS' (formerly CRB) checks); the RoRA would come with a higher fine and a criminal record.

The company may still consider an out of court offer - you can reply to the letter by apologising, recognising the error of your actions and the loss to the company, and offer to pay the fare owed for the journey + costs incurred in investigating this case. They may chose to accept this offer, though the previous penalty fares will discourage them from doing this. Still, there is always a chance.

What (broadly) is the industry that you're looking for a career in? The implications of a criminal record are significantly different between different careers.

 

[potterfan]

Thanks Cuccir! The letter doesn't mention anything about Railway Bylaws or RoRA. It just asks me for a statement outlining what happened from my point of view that day. Do you think it would be okay to attach a letter instead of writing in the statement?

I'm currently a student so I can't really afford a hefty fine and as far as a criminal record is concerned I'm really hoping to stay in academia!

 

[DaveNewcastle]

. . . . details of offence being entering the train for the purpose of travelling without a ticket entitling travel and altering a ticket with intent.

. . . .

I cant afford to have a criminal record if I wish to stay in my chosen career path.

These are both Offences against the Railway Byelaws (Byelaws 18 and 20), and a conviction for neither of these will produce an entry in the 'Criminal Records' database.

 

[cuccir]

OK, well it sounds like they're planning a Bylaw prosecution, which is good as it isn't 'recordable' so won't bring a criminal record.

So just stick to the factual, apologetic reply and offer to pay costs incurred and fare - and start saving for a fine of a few hundred now! Even if they do prosecute, this shouldn't affect your career, however.

 

[najaB]

Thanks Cuccir! The letter doesn't mention anything about Railway Bylaws or RoRA. It just asks me for a statement outlining what happened from my point of view that day. Do you think it would be okay to attach a letter instead of writing in the statement?

Yes, you can write a letter if the space isn't big enough. However, don't do like a recent poster and compose a four and half page missive. It doesn't have to be long, just cover the facts, admit your mistake and offer an apology.

I'm currently a student so I can't really afford a hefty fine and as far as a criminal record is concerned I'm really hoping to stay in academia!

If the worst comes to worst then any fine would take your income into account and the non-recordable nature of Byelaw offences would mean that it is highly unlikely to affect your career.

 

[B4rney]

Hi,
I am currently going through this. I have had to instruct a solicitor, exactly the same as you a PG, who can't afford a criminal record, it will mean my career is totally over.

Wishing you luck!

 

[cuccir]

I don't know about the career your in B4rney, but it would be wrong to say that a criminal record would automatically end a career in academia, though we can't pretend that it would make things anything easier in a competitive jobs market.

Either way, this reads like an intended Bylaw prosecution, which would not bring a criminal record.

 

[cantabrigian]

It is not so different for me. I work under a contract that can be ended if I am guilty of a criminal offence. I don't think a railway bylaw offence is what the writer had in mind and probably it won't be invoked but it would be better not to have to find out.

 

[najaB]

I don't think a railway bylaw offence is what the writer had in mind and probably it won't be invoked but it would be better not to have to find out.

I suspect that a Byelaw offence wouldn't trigger that clause of your contract since it is a non-recordable offence. While I would never suggest lying to an employer, that means that - short of them slavishly reading the court reports - there is no way for them to find out that you had been found guilty.

Would you get fired if you got a speeding ticket?

 

[B4rney]

My contract interestingly states "apart from driving offences" so speeding is fine! In fact my solicitor read it and it is so vaguely worded that a day in detention should mean I could still work for them over getting a fine in court! Obviously though I need to be able to join my professional organisation and can't do that with a criminal record.

Either way, I'm still awaiting my fate

 

[cantabrigian]

In my case, if it were a criminal offence, the same point would arise and the question would again be whether it was invoked, so probably not but it's strange that there is no differentiation at all between different types of offence. Might need to see if I can get that changed when this is over ...

 

[potterfan]

Hi everyone, thanks for all your advice. I sent the prosecutions department a letter stating facts and wishing to settle matter out of court, I then immediately got a letter back requesting I call them. I spoke to one of the prosecutors who suggested that if taken to court I would have to pay approximately £700, however I was given a chance to make an offer that they would accept considering fees and admin costs. Being a student I could not afford that price (which I mentioned in my letter) but I did make an offer of £350 which got accepted. So the case is now closed!!! So thanks again Cuccir, NajaB and DaveNewcastle!!

 

[crehld]

Glad you found an amicable resolution and that you got it all sorted. Thanks for giving us the update.

 

[najaB]

That's fantastic news. Well, not fantastic since it cost you a hefty sum, but still great that you didn't end up in court. Thanks for letting us know how things panned out.

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