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Magistrates court summons

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Someone123

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Hello,

I've recently received a letter from Sevenoaks Magistrates Court with the following:

...

You are hereby summoned to appear on

18th december 2012 at 1:30PM before Sevenoaks Court,

at The Court House, Morewood Close, London Road, Sevenoaks, Kent, to answer the following information laid today:

1. That you on 27th May 2012 at Faversham (FAV) did travel on the Railway without having previously paid and with intent to avoid payment thereof.

Contrary to 5.3(a) of the Regulations of Railways Act 1889, as amended by the transport Act 1962, ss 84(2) and 93(1), the British Railways Act 1965, s35(5), the British Railways Act 1970, s18 and the British Railways Act 1977, sch1.

Statement of facts:

On 27th May 2012, Mr ***** ******* ******** travelled from from Faversham (FAV) to Sittingbounre (SIT). The defendant produced a child ticket for the journey made. Under caution, the defendant admitted their intention was to avoid payment of the correct fare due because they were aged over 15 and not entitled to the child discount. Mr ******** was informed the matter would be reported.
The outstanding fare avoided is £2.05 and compensation of this amount is claimed, together with the sum of £125 as a contribution towards prosecution costs.

Witness Statement:

On Sunday 27th May 2012 I was on duty in full uniform with another uniformed officer examining passengers tickets at Faversham when at approximately 15.20 a male whom I now know as *Full name* *Adress* looked at us, decided to use the ticket vending machine instead of the ticket office to purchase his ticket. He then went and put child ticket number *****, I submit as evidence NB/01. I Stopped him and asked to see his ticket, I asked how old he was he told me he was only 14 years old, but on requesting his date of birth he passed one over that made him older. Questioned him further to find out he was 20 years old. I cautioned *Name* at 15.28.

...

I admitted everything and that I intended to use a child ticket instead of an adult one, I signed his notebook and had it read back to me, to then find out that he had wrote down a made up national insurance number when I had not initially provided one, I was adamant that I did not give him any NI number and the officer then scribbled over it with his pen, haha.

A month later I receive a letter from the prosecutions office asking to explain myself so I wrote back and admitted what I did, only to then send it to the wrong address via same day signed delivery.

Then 5 months later I received the summons.

…

How much would i be likely to get fined for an early guilty plea?

Will the fine have to be payed instantly or do i get the choice of paying it off?

Any other advice on what to do next would be greatly appreciated.

Thanks.
 
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Deerfold

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I admitted everything and that I intended to use a child ticket instead of an adult one, I signed his notebook and had it read back to me, to then find out that he had wrote down a made up national insurance number when I had not initially provided one, I was adamant that I did not give him any NI number and the officer then scribbled over it with his pen, haha.

I'd probably advise taking this a little more seriously. Others will be able to advise ways on minimising the chance of a criminal record (though if the train operating company choose to prosecute, it looks like they have an open and shut case.

I'm not sure if I've read this correctly - did you return their letter to the wrong address? When did you find this out?
 

Ferret

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Well, I think at this late stage, all you can do is attend court and receive your punishment, likely to be a fine of 400 pounds or so, and with the obligatory criminal record - which will have serious implications for you.

From what you've told us, you've admitted the offence under caution, it's a very easy prosecution for the train company, and I have grave doubts that they'll be willing to settle the matter out of Court at this late stage.
 

island

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The Magistrates Court sentencing guidelines say that the base fine for this offence would be 100% of weekly relevant earnings, but it could range from 25% to 175%. To this will be added compensation, costs, and a victim surcharge.

An early guilty plea could reduce this further, and the magistrates will usually entertain a request to pay in instalments if you are on benefits.

If you plead guilty you will get a criminal record and must disclose this when applying for any job within the next 5 years, and beyond for certain jobs. It may also restrict your ability to travel abroad.
 

Dave1987

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I agree with a previous post the statement "haha" seems to suggest you are not taking what you have done seriously. You have tried to defraud the railway and a criminal record will make it difficult in future for you like when applying for a job.
 

island

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or are found guilty... I presume?

Of course.

Possible escapes for the OP are if the letter is dated 27th of November or later, in which case the information may have been laid out of time, or if he never travelled using the ticket.
 

wintonian

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Of course.

Possible escapes for the OP are if the letter is dated 27th of November or later, in which case the information may have been laid out of time, or if he never travelled using the ticket.

Would it not be unusual to receive a summons with less than 3 weeks in which to find a solicitor and prepare a case if one wanted to go down that route?
 

island

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I am not accustomed to the usual timescales in these matters so will have to defer to someone more knowledgeable in the area.
 

bb21

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I admitted everything and that I intended to use a child ticket instead of an adult one, I signed his notebook and had it read back to me,

So you admitted "intent" (see my quotation from the legal framework at the bottom of this post). I don't know what else you want us to say.

to then find out that he had wrote down a made up national insurance number when I had not initially provided one, I was adamant that I did not give him any NI number and the officer then scribbled over it with his pen, haha.

Your identity has been established. I don't see how arguing a technicality can really help you here.

If you did not provide him with any NI number, I do not believe the RPI would have made one up. [Unless it is something generic such as AA000000A to fill space. Even that is doubtful.]

A month later I receive a letter from the prosecutions office asking to explain myself so I wrote back and admitted what I did, only to then send it to the wrong address via same day signed delivery.

Then 5 months later I received the summons.

Did you manage to trace the letter? Do you have any proof with you that you sent the letter to the wrong address?

Any other advice on what to do next would be greatly appreciated.

Seek professional legal help. Go to the CAB and request Legal Aid if you are eligible.

I agree with a previous post the statement "haha" seems to suggest you are not taking what you have done seriously. You have tried to defraud the railway and a criminal record will make it difficult in future for you like when applying for a job.

I have to agree with the sentiment that you do not appear to be taking this seriously. Do you understand the severity of potential consequences if you were found guilty? Do you understand the potential impact a criminal record could have for your future career?

Question did the O.P. travel or where they stopped before travel?

Irrelevant. Section 5(3) of the Regulation of Railways Act says,

http://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5
RoRA 5(3) said:
If any person—

(a)Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof; or

(b)Having paid his fare for a certain distance, knowingly and wilfully proceeds by train beyond that distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof; or

(c)Having failed to pay his fare, gives in reply to a request by an officer of a railway company a false name or address,

he shall be liable on summary conviction to a fine not exceeding ...
 

Stigy

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Magistrates look favourably on an early guilt plea and as such you can usually expect a 25% or so reduction in the fine imposed. The fine for an offence under this legislation is typically equivalent to the average weekly wage (until recently about £350). Obviously the costs, compensation (ticket price avoided) and victim surcharge of £15 are all added. It usually costs around £500 for the day in court.

Of course, you also get a recorded criminal record regardless of how you plead as long as you're found guilty.
 

michael769

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Magistrates look favourably on an early guilt plea and as such you can usually expect a 25% or so reduction in the fine imposed.

There is a statutory automatic 1/3 discount in any fine for a guilty plea offered at the earliest opportunity.
 

island

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There is a statutory automatic 1/3 discount in any fine for a guilty plea offered at the earliest opportunity.

That's not correct. A one-third discount is recommended, but the court can depart from this recommendation if it gives reasons.
 

D2022

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I agree with a previous post the statement "haha" seems to suggest you are not taking what you have done seriously. You have tried to defraud the railway and a criminal record will make it difficult in future for you like when applying for a job.

I am sorry if I step out of line saying this but a criminal record isn't really a problem when applying for jobs nowadays. I've got a criminal record from an offence that in all honesty is a hell of a lot worse than what the railway will prosecute for. I've never had any issues with employers on it though.
 

Dave1987

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I am sorry if I step out of line saying this but a criminal record isn't really a problem when applying for jobs nowadays. I've got a criminal record from an offence that in all honesty is a hell of a lot worse than what the railway will prosecute for. I've never had any issues with employers on it though.

All depends what kind of employment you are seeking. For example with a criminal record you wouldn't get a job as a police officer for example. It can seriously hinder you ability to apply for jobs with responsibility.
 

D2022

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All depends what kind of employment you are seeking. For example with a criminal record you wouldn't get a job as a police officer for example. It can seriously hinder you ability to apply for jobs with responsibility.

That's very true, with mine I can't apply to any emergency services or the armed forces. Think railways are out the question now too looking at the anti terrorism legislation. Yet I only got a caution :roll:




Must point out I'm not a terrorist or anything lol, I caught caught with a .22 in a public field, my mistake, was out shooting in private fields and crossed into what I assumed was another private field, turns out it was public land. Oops
 
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Ferret

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That's very true, with mine I can't apply to any emergency services or the armed forces. Think railways are out the question now too looking at the anti terrorism legislation. Yet I only got a caution :roll:




Must point out I'm not a terrorist or anything lol, I caught caught with a .22 in a public field, my mistake, was out shooting in private fields and crossed into what I assumed was another private field, turns out it was public land. Oops

A bit different to an offence relating to dishonesty then!
 

snail

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All depends what kind of employment you are seeking. For example with a criminal record you wouldn't get a job as a police officer for example. It can seriously hinder you ability to apply for jobs with responsibility.
Convictions for dishonesty can also affect eligibility when applying for insurance policies.
 

Someone123

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Thanks for everyone's help. For the record I wasn't laughing about being caught, but at how totally fked I am.
 

Dave1987

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Thanks for everyone's help. For the record I wasn't laughing about being caught, but at how totally fked I am.

Fair enough that was the impression you gave that's all, when you go to court I would plead guilty, apologise profusely and admit that it was an extremely stupid thing to do. Be sincere about it and you never know what might happen at court. Just put it down to experience and learn your lesson.
 

tannedfrog

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I would plead guilty, apologise profusely and admit that it was an extremely stupid thing to do. Be sincere about it and you never know what might happen at court. Just put it down to experience and learn your lesson.
The earlier suggestion of speaking to a solicitor might be better than taking the above advice.
 

Dave1987

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The earlier suggestion of speaking to a solicitor might be better than taking the above advice.

Yes speaking to a solicitor wouldnt be a bad idea but the op has admitted to trying to travel on a child ticket when not entitled to so surely pleading guilty and apologising is the best thing to do!
 

gingerheid

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Being very grovelling would obviously be the way ahead.

A good criminal lawyer will have worthwhile advice as to the best way, in your area, of being so.
 

tony_mac

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a solicitor would cost more than he might possibly save!

There doesn't seem to be any aggravating factors, so assume around 1 weeks wages (Band B) with 1/3rd off for an early guilty plea. An early guilty plea also helps keep the prosecution costs down.

Showing remorse should also help. I think the large fines we hear of often come from people who didn't bother to turn up, which seems to send the wrong sort of message.
I believe that there is some sort of income and expenditure form to fill in if you wish to apply to pay by instalments.
 

Stigy

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All depends what kind of employment you are seeking. For example with a criminal record you wouldn't get a job as a police officer for example. It can seriously hinder you ability to apply for jobs with responsibility.
Again, not necessarily correct, as it all depends on what the offence is, and you were convicted. Although obviously exempt from the Rehabilitation of Offenders Act, even Police Officers have past criminal records.
 
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