Nightmare: Does a "caution" show up on a criminal record check?

[BestWestern]

'MG11' is the internal name for the paperwork submitted to the Prosecutions Department by revenue protection staff after initially dealing with an offender, so yes you'll receive a letter in due course. It is usually at that point that it may be prudent to contact the Department with an offer of an out-of-court settlement. Until then, there is little that you can do. The company is under no obligation to accept any such offer, and anything you do propose would need to be fairly substantial - we aren't talking 50 quid here, a few hundred is usually considered reasonable. Your providing false details will not have encouraged them to be overly forgiving, and if they are aware of your previous transgression that isn't going to be helpful either. Regarding the previous incident, you said 'dodgy travelcard' - was it in London (Tube, DLR, Overground etc), or with a mainline train company? I don't know how thorough or historic the records of such incidents are, one of our more informed posters may be able to make an educated guess on that one.

The CEO (or his secretary/PA) may very well reply with advice simply to wait for the letter, or may not reply at all. Do keep in mind however that if your communication with him constituted an admission of guilt (either for intent to avoid payment or for supplying false details), then that information may have been forwarded to the Prosecutions Department. It is very unlikely that the CEO would personally deal with such a matter, there is a set procedure to be followed and that is the job of the Prosecutions team.

 

[mrproblems]

i got the letter finally. although it's dated 23rd november and says i have to respond within 7 days so i have written a letter and i will post it special delivery tomorrow. is this a good idea? it's going to a po box

my response to them is....

I didn't buy a ticket on the {date} from {station} as i usually get one on the train by the conductor. I was going to get one but when I got to my destination I didn't encounter the train conductor and I was stopped by a ticket inspector.

I had my headphones on so I had left the station and couldn't hear the inspector calling. I got stopped by a british transport police officer who dragged me back into the station.

I gave a false name because I was scared, but then I gave my real name shortly afterwards.

The inspector was a bit rude and the whole incident made me feel quite distressed.

She didn''t want me to pay the fare even after I offered and said I had to pay a penalty fare of £20. I then offered to pay that but was told I couldn't pay this either.

She then gave me a caution which I don't know what that means. The BTP said it was a civil matter.

Does this mean it's going to court? I really don't want it to go to court.

I am happy to pay the fare and/or the penalty fare and I am sorry I didn't buy a ticket and so sorry for giving a false name. I apologise most sincerely. I was just scared and I told this to the inspector at the time.

Can I pay the fare/fine without it going to court? I promise this will never happen again. It was a stupid mistake and looking back I should have bought a ticket before I got on the train

Regards

 

[Peter Mugridge]

Special Delivery - yes; that's the only provable fully tracked method and yes you can use it to a PO Box number.

 

[najaB]

i got the letter finally. although it's dated 23rd november and says i have to respond within 7 days so i have written a letter and i will post it special delivery tomorrow. is this a good idea? it's going to a po box

If you post it tomorrow it should be in time. As @Peter Mugridge says: use special delivery.

 

[mrproblems]

what happens after i post it?

i included my email address and asked if they could communicate via email as it's quicker and more effiecent?

have they been known to do this? or is it all snail mail?

 

[Fare-Cop]

She then gave me a caution which I don't know what that means. The BTP said it was a civil matter.

Please don't think this is intended to worry you more than necessary, but I am constantly amazed by this misinformation seemingly given by a majority of BTP every time someone asks about fare evasion.

Avoidance of fare contrary to S.5(3) of the Regulation of Railways Act (1889) is definitely NOT a civil matter.

It is an offence for which the alleged perpetrator may be summonsed to a hearing in a criminal list in a Magistrates Court and if found guilty, will result in a record of conviction.

The same goes for a breach of National Railway Byelaws (2005) although a conviction in this case would be non-recordable

That said, it does not automatically follow that you will be prosecuted and it is possible that you may be able to reach a settlement with the train operating company, although giving false details instead of the correct name and / or address when travelling without a valid ticket is treated as a serious matter.

 

[mrproblems]

i've posted it special delivery. so they should get it tomorrow.

do you reckon they'll respond via email or do you reckon they'll send me another letter

 

[mrproblems]

they replied back with a letter dated the 30th november

they said as it was a first offence. i would need to pay £5.30 (fare) plus £95 admin costs.

My own fault and tbh i think i probably got off lightly.

 

[najaB]

they said as it was a first offence. i would need to pay £5.30 (fare) plus £95 admin costs.

My own fault and tbh i think i probably got off lightly.

Rather than 'got off lightly', I say 'treated fairly' as £95 is a reasonable estimate of costs based on other cases. Thanks for letting us know.

 

[6Gman]

Rather than 'got off lightly', I say 'treated fairly' as £95 is a reasonable estimate of costs based on other cases. Thanks for letting us know.

I'd say "got off very lightly" given the potential sequence of events:

May have passed an opportunity to pay at the start station;
Made no effort to seek out the guard on the train (realise that's not required if no previous opportunity to pay);
Made no effort to pay at destination;
Walked past an Inspector (didn't hear him because of earphones);
Gave a false name!

 

[najaB]

I'd say "got off very lightly" given the potential sequence of events...

Would there be any benefit in prosecuting, given that the OP 'gets' that that what they did was wrong?