London Midland Prosecutions Unit

[SAM246]

Hi there

My husband is awaiting a letter from the London Midlands Prosecutions Unit and clearly we are very worried. Any advice would be welcomed on where London Midlands might go with this. Let me explain...

I am a Gold season ticket holder travelling from Northampton to Euston daily. My husband does not have much call for using trains as he travels by car from Northampton to Shefford everyday. Today however, was an exception, he needed to get to Milton Keynes to be picked up by a manager in his office. I was not working today so obviously not using the train. My husband was in such a rush and getting stressed about missing his train that he saw my ticket in the study and borrow it before he left the house. In hindsight, he accepts completely it was a stupid thing to do but rather than thinking through the consequences at the time, he was fixated on not missing his train. I should caveat that he has been burning the candle both ends at work and not sleeping well, so whilst this doesnt excuse the crap decision this morning, I hope it gives some context - people do stupid things when tired and stressed.

So, my husband arrives at Milton Keynes, shows the ticket and is asked to explain himself. He confessed he had borrowed the ticket and that it was a stupid thing to do given he was rushing for a train. He admitted he hadnt really thought about what it meant to use my ticket but accepted it was a crap decision and offered to pay any penalty.

Unfortunately for him, this was not allowed and he was asked to provide details at the station, sign a form and was given a card for the LM Prosecutions and Debt Recovery Unit. At the same time, my season ticket was confiscated and I cannot have it returned unless I obtain a crime reference number from the police.

So, we are both clearly very concerned. We both accept that he made a foolish and rash decision because he was stressing about the train and not thinking it through logically. We also accept any financial penalty deemed appropriate. The bigger concern is the possibilty of prosecution. We lead a very normal life and pay our way. We are really very worried because breaking the law is not something we do. This was a very silly mistake and not something he has done before. Infact, the train trip from Northampton to Milton Keynes is the first one he has ever done.

I am also worried about my season ticket. I am not going to get a crime reference number because he did not steal the ticket. He really did believe, and I can see the logic, that it was a quick borrow to avoid missing the train. However, if that is the only way to get my season ticket back - I am going to lose two months worth of travel plus the additional cost of travel in the meantime.

Aside from the fact he has never done anything like this before and there will be no record of my card being used for a Northampton to MK journey, do you think it will help to explain the stress my husband has been under? Its not just work, we have had a house sale fall through and I have had some health problems. I am not suggesting it should condone his behaviour but would it help with consideration of the case?

Any thoughts welcomed.

Many thanks

 

[rdwarr]

I'm no expert (I'm a commuter into London too) but the main issue seems to be that your husband has seriously underestimated how much trouble his actions could land you in. This is not unusual, every day we see similar stories here where people have done something which they regard as trivial but is actually a criminal offence.

Until you get better advice all I can say is to be clear of the facts (get everything written down now) and not to dig yourself in deeper by lying (e.g. by reporting this to the Police as a crime when you have said here that it wasn't) or trying to make excuses that will have no relevance to the case. Up until now both of you seem to have been honest and it IS the best policy to continue like that.

I am going to lose two months worth of travel plus the additional cost of travel in the meantime

No, it will be only one of these things. You've lost your "free two months" that you get with an annual ticket, look on the bright side - it could have had ten months left to run.

Sure you'll get some more advice soon, in the meantime try not to worry too much. Read some of the other posts here and you'll see that people often receive penalties or out of court settlements for first offences.

 

[maniacmartin]

It may well technically be a theft, because you didn't give permission for him to take the ticket, however I don't think that it is in your collective best interests to do involve the police.

The lost 2 months validity is really the least of your worries, as ticketless rail travel is governed by special laws that make it a criminal offence. There are 2 main pieces of legislation that they can prosecute under:

• Railway Byelaws: This is a strict liability offence, so they only need to prove that your husband didn't have a valid ticket, and had passed ticket-purchasing opportunities at the origin station. They don't need to prove intent. A prosecution under the railway byelaws is not recordable, and won't show up under any CRB checks or leave a criminal record if the fine is paid
  
• Regulation of Railways Act. There is a higher burden of proof for the TOC (Train Operating Company) here. They must prove that your husband deliberately intended to avoid the fare. A RoRA prosecution is more serious - the penalties are more severe and it goes on your record. By using your season ticket, he has given them strong evidence to win in such a case.

I think it's likely that the TOC will prosecute, however they may decide not to, if they think that withdrawing the ticket has punished you enough. They might also offer an out of court settlement, or accept one if offered to them. This is basically your husband paying them off in exchange for not being taken to court.

If they don't contact you asking for version of events, I wouldn't advise you remind them about it. It's best for you both if they forget about this incident. A court could impose a criminal record, plus a fine that equals the cost of a 2 month season ticket anyway.

 

[reb0118]

I am also worried about my season ticket.

You should be worried about more than that. YOU are also at risk of prosecution for travel fraud.

I am not going to get a crime reference number because he did not steal the ticket.........

He either took the ticket without your permission (i.e. stole it) or with your permission (i.e fraud ~ for both of you). There is no middle ground. To avoid being implicated in this you have to report this to the police otherwise the railway may also attempt to prosecute you ~ get legal advice sharpish.

I am going to lose two months worth of travel plus the additional cost of travel in the meantime.

If that is all you lose then you will be very lucky.


Your husband would have been in a much stronger position is he had boarded a train WITHOUT any ticket than to attempt to use your season ticket.

 

[maniacmartin]

He either took the ticket without your permission (i.e. stole it) or with your permission (i.e fraud ~ for both of you). There is no middle ground. To avoid being implicated in this you have to report this to the police otherwise the railway may also attempt to prosecute you ~ get legal advice sharpish.

I agree. You should seek qualified legal advice

 

[SAM246]

Thank you for your comments and advice. I can appreciate how it may appear to a prosecutor and I accept that. We will deal with the consequences. We are of course not taking this lightly and will certainly be honest in our response. There was no malicious intent on his part, he just didnt think and now is clearly chewing us both up about a silly decision. He acted irrationally to avoid missing a train not to deliberately avoid a fare.

We will of course offer to pay any penalty considered appropriate by London Midland and to cover their costs. We both feel sick to the stomach and just hope we can resolve this out of court.

 

[bb21]

I cannot add any more than to urge you to seek professional help.

Unfortunately using a season ticket that does not belong to him is pretty conclusive proof for intent to avoid paying the correct fare, regardless of what his real intentions are. This is a Regulation of Railways Act offence so could have serious implications for the future if convicted under.

Seeking to settle out of court might be your best shot.

 

[michael769]

He either took the ticket without your permission (i.e. stole it)

Not necessarily. Theft requires dishonest appropriation with an intent to permanently deprive. It would IMO be very difficult to make a case for theft in these circumstances.

However arguing that the ticket had been used without the OPs consent and knowledge could still provide her with a defense. It is for the prosecution to prove to the courts satisfaction that the OP consented to who did nothing to prevent misuse of her ticket.

As there will be at least a suspicion of collusion to misuse a season ticket charges under the Fraud Act are a distinct possibility so I would agree that this case is one where it would be prudent to seek legal advice from a solicitor.

 

[reb0118]

He either took the ticket without your permission (i.e. stole it) or......

Not necessarily. Theft requires dishonest appropriation with an intent to permanently deprive. It would IMO be very difficult to make a case for theft in these circumstances.

However arguing that the ticket had been used without the OPs consent and knowledge could still provide her with a defence.

Yes, I take your point. I was thinking about the offence of taking without consent with regard to an uninsured person using another persons vehicle. The rightful owner has to make a choice to either state that they knowingly gave permission or that they did not as, as far as I am aware, they can not remain silent in the matter. Of course TWOC is not theft.

Is there a similar offence for the temporary removal of anothers property, be it a season ticket or suchlike, when the taker can derive some unlawful benefit from it. Or is this just covered by fraud?

As an aside, does the season ticket belong to the railway and not the passenger? Could this have an impact on what charges are brought (if any)?

Again, I repeat, get professional legal advice.

 

[michael769]

Of course TWOC is not theft.

TWOC is a specific offence that relates only to road vehicles. There is no analogous offence on the statue books for other goods.

Is there a similar offence for the temporary removal of anothers property, be it a season ticket or suchlike, when the taker can derive some unlawful benefit from it. Or is this just covered by fraud?

It is pretty much just fraud. The act of borrowing is simply a means to the end, in the same way that lying about what the "guy in the station" said would be.

As an aside, does the season ticket belong to the railway and not the passenger? Could this have an impact on what charges are brought (if any)?

Not really. The issue of someone using the ticket without the consent of the railway would on its own be a civil matter. Any criminality arises from the act of misusing it to obtain a benefit (ie free travel).

Again, I repeat, get professional legal advice.

Very good advice.

 

[the sniper]

Personally I'd write to them explaining what you've told us here and hope for an out of court settlement.

 

[En4orc3R]

[*]Railway Byelaws: This is a strict liability offence, so they only need to prove that your husband didn't have a valid ticket, and had passed ticket-purchasing opportunities at the origin station. They don't need to prove intent. A prosecution under the railway byelaws is not recordable, and won't show up under any CRB checks or leave a criminal record if the fine is paid

Although this is a strict liability offence, if convicted it IS a conviction!

It is a 'non-recordable' criminal conviction.
The emphasis being on the words 'criminal conviction'.

Although it is not recorded on the PNC (Police National Computer) and it does not show up on a CRB (now renamed something else), it could show up on an enhanced CRB if it is relevant to the job you are replying for.
In any event, if a potential (or current employer) requires you to disclose any convictions, this is disclosable.
The rules around the 'Rehabilitation of Offenders Act' also apply in that it will be 'spent' after 5 years.

For instance, if you are studying Law and have this type of conviction, it could stop you practicing, so you need to check.
Don't assume it will be alright.

Hope this helps you or somebody else.