Northern Rail Fare Evasion Letter received.

[bluenoxid]

However, I observe that there seems to be many more threads on here from trainee solicitors than, say, trainee chemists or trainee mathematicians.

Because the rest of us are more bothered about those flashing little yellow boxes at the side of the road sadly.

A rail prosecution is less of a problem for most other professions compared to bankruptcy and assault.

I do think it would be more helpful though if the railways offered a large fine get out clause for first offences rather than trying to chase people with letters that many don't fully understand.

 

[missy]

alex, just received a letter so was wondering what was the outcome? Were you able to settle out of court?

 

[island]

Missy, if you'd like to tell us more about your experience and look for specific advice to your own case, as no two are exactly alike, it is recommended that you start your own new thread.

 

[missy]

Island thanks for the reply, I would like to start my own thread but everytime I try there is a message that tells me that I am not allowed to - perhaps I need to do a few posts?
--- old post above --- --- new post below ---
I cant see the button start a new thread which means I need the right permissions??

 

[island]

This link should do it; otherwise, you may need to check with an admin or confirm your email address or something.

 

[missy]

Thanks I think it works.

 

[alex89]

It's been nearly 2 months since my letter was sent and I still haven't had a reply. Is this normal? I'm beginning to hate the sight of the postman. :-x

Still worrying ALOT.

Thanks

Alex

 

[DaveNewcastle]

As I replied to you on 1st July (and it's still true), Northern can take 2 months to respond. Can be longer, especially as its now the holiday season and the Company has been much more active in pursung Fare Evasion in recent months.

How's your mother?
And your career in Law?
Have you given your correct name this time?

 

[alex89]

Thanks Dave.

I knew I was repeating myself, and thanks for answering again.

I guess I will just have to carry on waiting.

Thanks

Alex

 

[reb0118]

It's been nearly 2 months since my letter was sent and I still haven't had a reply.

It is not only their trains that run late then

I imagine that there is just an administrative backlog.

Have patience brother!

 

[alex89]

Ah. It's worrying.

Is there a limitation period on these things?

And I prefer to be called sister

 

[island]

I think they have six months to institute proceedings. But I could have just made that up.

 

[alex89]

Thanks Island.

I presume if you are correct that's from date of the incident?

 

[DaveNewcastle]

The Statute of Limitation (as I'm sure you know with a Legal Career) is 6 years.
But if an Offence is to be placed before the Magistrates, then this should normally be done within 6 months. (Are you still working in Law?)

 

[alex89]

I am yes.

I don't deal much with the Mags, mainly County and High Court, in Civil matters so as you said limitation is 6 years (which would be extremely nerve wrecking in this case).

 

[reb0118]

have patience brother!

I prefer to be called sister

I do apologise, the Internet can be quite androgynous at times! For some reason I am full of biblical quotations this evening.

Back on topic, I think that most TOCs just have a small team dealing with these matters. It normally takes about a month before I get any feedback from HQ that they have received my Ticket Irregularity Forms. This is also the summer holiday period so back offices could be short handed at present.

I know this is probably not what you want to hear but all you can do is wait.

Fingers crossed.

 

[alex89]

That is quite okay, I have been called worse things I suppose.

Thank you for helping regardless.

Patience is most definitely a virtue, and I definitely do not possess it.

Thanks all

Alex

 

[michael769]

For offences which are tried under the summary procedure at a magistrates court they have 6 months from the date of the offence in which to "lay information" before the magistrates court (The Criminal Procedure Rules 2011 - 7.1(5), Magistrates Court Act 1980 Sect 127 ). In practice the summons can take up to 6 weeks after information is laid (depending on how busy the court is) to arrive so closer to 7-8 months in total.

For offences tried on indictment at a Crown Court no such limit applies (unless a statute applies a specific limit to an offence - The Criminal Procedures Rules 2011 7.1(6), Criminal Justice Act 2003 Sect 30 ), but I doubt even the S5 RoR is an indictable offence?

As noted there is a 6 year time limit for civil claims, unless the claim relates to personal injury or death in which case the limit is 3 years, or 12 years for certain property/land related claims (Limitation Act 1980)

 

[alex89]

Having still not received any form of correspondence, do you think I can sleep yet? Would a quick call to Northern's prosecution dept do any harm?

It has now been approximately 7 months since the occurrence of the alleged act..

 

[John @ home]

Having still not received any form of correspondence, do you think I can sleep yet?

No. Come back in a month and ask the question again.

Would a quick call to Northern's prosecution dept do any harm?

It would be an unnecessary risk.

 

[alex89]

No. Come back in a month and ask the question again.It would be an unnecessary risk.

Many thanks John, will do.

 

[34D]

Would a quick call to Northern's prosecution dept do any harm?

It has now been approximately 7 months since the occurrence of the alleged act..

A call to the relevant magistrates court (not sure whether Northern would use the one closest to your address, the location of the alleged crime, or the one closest to their offices, but I suspect the latter) could be a plan. Just ask whether anything has been laid against your name.

 

[alex89]

A call to the relevant magistrates court (not sure whether Northern would use the one closest to your address, the location of the alleged crime, or the one closest to their offices, but I suspect the latter) could be a plan. Just ask whether anything has been laid against your name.

Not a bad idea. I shall look into this in the coming week. Thanks.

 

[alex89]

Having had a couple of messages asking the outcome, I have still, unfortunately, heard no further. It has now been 9 months (just over) since the initial event.

I will be sure to post back if I hear anything, but at this point, I am still none the wiser, nor any less worried.

Thanks,

Alex

 

[michael769]

As I mentioned earlier the prosecution had 6 months in which to "lay information" after the alledged offence, a summons can take a few weeks after that event, but not as long as 3 months.

After this time you can be fairly confident that the matter is out of time, so I'd stop worrying and put it behind you.

 

[alex89]

As I mentioned earlier the prosecution had 6 months in which to "lay information" after the alledged offence, a summons can take a few weeks after that event, but not as long as 3 months.

After this time you can be fairly confident that the matter is out of time, so I'd stop worrying and put it behind you.

Thanks Michael769. I had imagined this was the case but was unsure of any discretion of the Court to extend the limitation period.