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Notice of intention to prosecute

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Vicks

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16 Feb 2019
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17
Hi advice welcomed
My son got on a train as was there when arrive at platform. Got on the train as otherwise was going to be late for college . Had all intension of buy a ticket but panicked as was late for college.
As going through at station he arrived at he asked if he could buy ticket they said no and refused. Took his details gave him nothing so he could not pay. This happened in October 18.
He has just received a notice of intention to prosecute, Have 14 days to reply.
His first name is spelt wrong on letter too.
He travels three days a week to college and always regularly pays.
Did not realise how things are now ! Help would be much appreciated with this.
Reply to the letter in question.

Thank you for you help much appreciated!!
 
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Vicks

Member
Joined
16 Feb 2019
Messages
17
Such a mine field looking on here would welcome advice thank you
 

Vicks

Member
Joined
16 Feb 2019
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17
Did not think the name thing would make a difference. But thought I would mention it.
 

tom73

Member
Joined
24 Apr 2018
Messages
211
Hi advice welcomed
My son got on a train as was there when arrive at platform. Got on the train as otherwise was going to be late for college . Had all intension of buy a ticket but panicked as was late for college.
As going through at station he arrived at he asked if he could buy ticket they said no and refused. Took his details gave him nothing so he could not pay. This happened in October 18.
He has just received a notice of intention to prosecute, Have 14 days to reply.
His first name is spelt wrong on letter too.
He travels three days a week to college and always regularly pays.
Did not realise how things are now ! Help would be much appreciated with this.
Reply to the letter in question.

Thank you for you help much appreciated!!

Nothing has changed in a hundred years or so. It has always been a legal requirement (and common sense to be honest) to purchase a train ticket before boarding a train. The only exception is on very quiet rural lines where bold notices at the station invite you to pay the conductor on the train.
You may be offered an Out of Court Settlement which you would be wise to accept to end the matter before it proceeds to court. However, there is no legal requirement for such Settlement to be offered.
 

Vicks

Member
Joined
16 Feb 2019
Messages
17
My son approached the tickets Guard at hitchin explain that he got on the train at arlesey and did not get ticket and could he purchase one for the journey please.
 

Vicks

Member
Joined
16 Feb 2019
Messages
17
Nothing has changed in a hundred years or so. It has always been a legal requirement (and common sense to be honest) to purchase a train ticket before boarding a train. The only exception is on very quiet rural lines where bold notices at the station invite you to pay the conductor on the train.
You may be offered an Out of Court Settlement which you would be wise to accept to end the matter before it proceeds to court. However, there is no legal requirement for such Settlement to be offered.

Like stated I do not use the trains so this area is a minefield for me. But thanks for your Advice
 

Vicks

Member
Joined
16 Feb 2019
Messages
17
How old is your son?

The fact his first name is wrong probably won't make any difference. And much depends on what your son told the member of staff who stopped him
My son approached the tickets Guard at hitchin explain that he got on the train at arlesey and did not get ticket and could he purchase one for the journey please.
 

najaB

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28 Aug 2011
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30,691
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Scotland
Thanks.

This is a bad news, good(ish) news scenario.

Bad news first
  • If Northern were to prosecute under the Railway Byelaws then your son has no defence as Arlesey appears to have ticketing facilities
  • He is old enough that they would be justified in proceeding with a prosecution

Good news
  • Northern* historically have been less likely to prosecute than some other TOCs - it is highly likely that you'll be able to achieve a settlement (with old Northern it was typically £80 plus the fare due)
  • Even if they do prosecute under the Byelaws, it's a non-recordable offence so in all likelihood it wouldn't affect your son's future
  • As presented, they don't appear to have a strong case to prosecute under the more serious Regulation of Railways Act
In your son's response to Northern he needs to make it clear that he understands that he broke the rules and the impact that non-payment of fares has on the travelling public, that he will always pay for his ticket before boarding in future and that he wants to restore Northern to the state as if this had not happened by paying the fare due plus the costs they've incurred so far.

*You said Northern, did you mean Great Northern?
 

Vicks

Member
Joined
16 Feb 2019
Messages
17
Thanks.

This is a bad news, good(ish) news scenario.

Bad news first
  • If Northern were to prosecute under the Railway Byelaws then your son has no defence as Arlesey appears to have ticketing facilities
  • He is old enough that they would be justified in proceeding with a prosecution

Good news
  • Northern* historically have been less likely to prosecute than some other TOCs - it is highly likely that you'll be able to achieve a settlement (with old Northern it was typically £80 plus the fare due)
  • Even if they do prosecute under the Byelaws, it's a non-recordable offence so in all likelihood it wouldn't affect your son's future
  • As presented, they don't appear to have a strong case to prosecute under the more serious Regulation of Railways Act
In your son's response to Northern he needs to make it clear that he understands that he broke the rules and the impact that non-payment of fares has on the travelling public, that he will always pay for his ticket before boarding in future and that he wants to restore Northern to the state as if this had not happened by paying the fare due plus the costs they've incurred so far.

*You said Northern, did you mean Great Northern?
Thank you !! Your comments are very helpful and written beautifully. Thank you !!
 

Vicks

Member
Joined
16 Feb 2019
Messages
17
Thanks.

This is a bad news, good(ish) news scenario.

Bad news first
  • If Northern were to prosecute under the Railway Byelaws then your son has no defence as Arlesey appears to have ticketing facilities
  • He is old enough that they would be justified in proceeding with a prosecution

Good news
  • Northern* historically have been less likely to prosecute than some other TOCs - it is highly likely that you'll be able to achieve a settlement (with old Northern it was typically £80 plus the fare due)
  • Even if they do prosecute under the Byelaws, it's a non-recordable offence so in all likelihood it wouldn't affect your son's future
  • As presented, they don't appear to have a strong case to prosecute under the more serious Regulation of Railways Act
In your son's response to Northern he needs to make it clear that he understands that he broke the rules and the impact that non-payment of fares has on the travelling public, that he will always pay for his ticket before boarding in future and that he wants to restore Northern to the state as if this had not happened by paying the fare due plus the costs they've incurred so far.

*You said Northern, did you mean Great Northern?
Great northern :)
 

Vicks

Member
Joined
16 Feb 2019
Messages
17
Thanks.

This is a bad news, good(ish) news scenario.

Bad news first
  • If Northern were to prosecute under the Railway Byelaws then your son has no defence as Arlesey appears to have ticketing facilities
  • He is old enough that they would be justified in proceeding with a prosecution

Good news
  • Northern* historically have been less likely to prosecute than some other TOCs - it is highly likely that you'll be able to achieve a settlement (with old Northern it was typically £80 plus the fare due)
  • Even if they do prosecute under the Byelaws, it's a non-recordable offence so in all likelihood it wouldn't affect your son's future
  • As presented, they don't appear to have a strong case to prosecute under the more serious Regulation of Railways Act
In your son's response to Northern he needs to make it clear that he understands that he broke the rules and the impact that non-payment of fares has on the travelling public, that he will always pay for his ticket before boarding in future and that he wants to restore Northern to the state as if this had not happened by paying the fare due plus the costs they've incurred so far.

*You said Northern, did you mean Great Northern?
Great northern yes and thank you
 

js1000

Member
Joined
14 Jun 2014
Messages
1,011
Did not think the name thing would make a difference. But thought I would mention it.
Unfortunately, the mispelt name will not quash the fine. It's a minor error given it was sent to an address where you might reasonably be expected to receive it and the person accused is indeed contactable. If the RPI wrote down the address incorrectly then be a major error that would invalidate the fine given the accused would not have known about it. Obviously, the misspelt name and identity of the accused will need to be clarified with the TOC. (Alhtough the TOC is quite fortunate that they didn't send the letter with the wrong name out 4-6 weeks later as you could have run down the 6 month prosecution limit)
 

Vicks

Member
Joined
16 Feb 2019
Messages
17
Thanks.

This is a bad news, good(ish) news scenario.

Bad news first
  • If Northern were to prosecute under the Railway Byelaws then your son has no defence as Arlesey appears to have ticketing facilities
  • He is old enough that they would be justified in proceeding with a prosecution

Good news
  • Northern* historically have been less likely to prosecute than some other TOCs - it is highly likely that you'll be able to achieve a settlement (with old Northern it was typically £80 plus the fare due)
  • Even if they do prosecute under the Byelaws, it's a non-recordable offence so in all likelihood it wouldn't affect your son's future
  • As presented, they don't appear to have a strong case to prosecute under the more serious Regulation of Railways Act
In your son's response to Northern he needs to make it clear that he understands that he broke the rules and the impact that non-payment of fares has on the travelling public, that he will always pay for his ticket before boarding in future and that he wants to restore Northern to the state as if this had not happened by paying the fare due plus the costs they've incurred so far.

*You said Northern, did you mean Great Northern?
Yes great northern :)
 

Vicks

Member
Joined
16 Feb 2019
Messages
17
I would like to thank you for all your help
 
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