Old Fare Evasion Case

[clem93]

Hi all,

About 18 months - 2 years ago I was caught attempting to evade a fare. Without giving specifics about locations, the station i got on at did have ticket machines so i think it was a penalty station, usually i buy tickets before getting on the train but i was in a huge rush that day. When i went to buy a ticket after getting off at my destination, i stupidly told the guard i'd gotten on at a later, cheaper station. He knew i hadn't because, as he told me, that station has barriers so i couldn't have gotten on there without buying a ticket.

They then began to take a statement, my name, address, reasons for not having a ticket etc, which was written down and signed by me. As ridiculous as it sounded to them and probably sounds to all reading, the reason i lied was because I realised that I only had a handful of change (just enough for the journey i lied about taking, not enough for my real journey) and no valid bank card. I should have told him straight away that i couldn't pay but i was nervous, (hence the stupid lie about getting on at a station with barriers) in a big rush and not thinking straight.

For the next few weeks i sat at home expecting to receive a fine or another letter from the company in the post but nothing came. I'd basically forgotten about the entire situation until recently and became really worried that maybe the case was still open and i could still potentially be prosecuted or fined. I can't think of a reason why they haven't been in touch, i definitely gave the right address and name etc.

Does this sort of thing happen often? is it possible that they lost my details or for some other reason decided not to pursue the case?

Just to point out, I was genuinely apologetic and contrite (and more than anything, embarrassed for being so dumb) when explaining the situation to the staff, i wasn't argumentative or aggressive at all and always buy tickets in advance when i can.

Thanks
Clem

 

[najaB]

If it was over a year ago then you got away lucky. Generally speaking the TOC has six months from the date of the incident to bring the case before the court.

 

[clem93]

Thanks for the reply. Reading this thread worried me because the OP referred to a case that was two years old and a huge fine. Was this because the company had sent him letters to his old address that the impostor had provided so they assumed he'd just been ignoring them?

http://www.railforums.co.uk/showthread.php?t=141415

 

[CyrusWuff]

Whereabouts within the UK did this take place? The reason I ask is that Scots Law is different to English and Welsh Law.

Assuming England or Wales, the TOC would have had six months from the date of the offence to "lay information" before the Courts, with Court paperwork potentially arriving a few weeks later, so you would appear to be in the clear.

Whilst it's possible that the paperwork got lost in the post and the case was heard in your absence, if that was the case and you were found guilty and fined, I would expect Court Bailiffs to have traced you by now.

An alternative (though pretty unlikely) option would be for the TOC to pursue a claim through the Small Claims process as a civil debt. The time limit for that course of action is six years from the date the debt was incurred.

 

[najaB]

Whereabouts within the UK did this take place? The reason I ask is that Scots Law is different to English and Welsh Law.

Assuming England or Wales...

Which seems a reasonable assumption if there was a threat of prosecution.

 

[clem93]

Whereabouts within the UK did this take place? The reason I ask is that Scots Law is different to English and Welsh Law.

Assuming England or Wales, the TOC would have had six months from the date of the offence to "lay information" before the Courts, with Court paperwork potentially arriving a few weeks later, so you would appear to be in the clear.

Whilst it's possible that the paperwork got lost in the post and the case was heard in your absence, if that was the case and you were found guilty and fined, I would expect Court Bailiffs to have traced you by now.

An alternative (though pretty unlikely) option would be for the TOC to pursue a claim through the Small Claims process as a civil debt. The time limit for that course of action is six years from the date the debt was incurred.

Thanks for the answer. It was in England. I assume even if one letter was lost in the post they would have sent a couple more, such as warnings, final warnings or notifications of intent to prosecute etc? The odds of several going missing are extremely slim, and I've lived at the same address for the whole time.

 

[Pinza-C55]

Hi all,

About 18 months - 2 years ago I was caught attempting to evade a fare. Without giving specifics about locations, the station i got on at did have ticket machines so i think it was a penalty station, usually i buy tickets before getting on the train but i was in a huge rush that day. When i went to buy a ticket after getting off at my destination, i stupidly told the guard i'd gotten on at a later, cheaper station. He knew i hadn't because, as he told me, that station has barriers so i couldn't have gotten on there without buying a ticket.

They then began to take a statement, my name, address, reasons for not having a ticket etc, which was written down and signed by me. As ridiculous as it sounded to them and probably sounds to all reading, the reason i lied was because I realised that I only had a handful of change (just enough for the journey i lied about taking, not enough for my real journey) and no valid bank card. I should have told him straight away that i couldn't pay but i was nervous, (hence the stupid lie about getting on at a station with barriers) in a big rush and not thinking straight.

For the next few weeks i sat at home expecting to receive a fine or another letter from the company in the post but nothing came. I'd basically forgotten about the entire situation until recently and became really worried that maybe the case was still open and i could still potentially be prosecuted or fined. I can't think of a reason why they haven't been in touch, i definitely gave the right address and name etc.

Does this sort of thing happen often? is it possible that they lost my details or for some other reason decided not to pursue the case?

Just to point out, I was genuinely apologetic and contrite (and more than anything, embarrassed for being so dumb) when explaining the situation to the staff, i wasn't argumentative or aggressive at all and always buy tickets in advance when i can.

Thanks
Clem

I'm not sure what you mean by a "guard" but from my experience as a former guard I can tell you that some guards would be on the last trip of their shift and might not be bothered to write a report out since they wouldn't get any real benefit from it. Or he might have forgotten to note down some important detail and thought later that it was pointless to submit a report without it.

 

[island]

I'm not sure what you mean by a "guard" but from my experience as a former guard I can tell you that some guards would be on the last trip of their shift and might not be bothered to write a report out since they wouldn't get any real benefit from it. Or he might have forgotten to note down some important detail and thought later that it was pointless to submit a report without it.

It won't have been a guard as we understand the term if the OP was spoken to at a station. However the nomenclature is not too important.

It seems likely that the OP has gotten away with it in this occasion, though there is a small possibility he was tried and convicted in his absence and that this will catch up with him at some point, most typically when he hears of an attachment of earnings order to pay a fine.

 

[clem93]

It won't have been a guard as we understand the term if the OP was spoken to at a station. However the nomenclature is not too important.

It seems likely that the OP has gotten away with it in this occasion, though there is a small possibility he was tried and convicted in his absence and that this will catch up with him at some point, most typically when he hears of an attachment of earnings order to pay a fine.

Would the AoE order likely include charges added to the original fine or penalty fare that may have been issued? This is what worries me most.

Apart from simply waiting for this to happen, is there any way to find out if I was tried in my absence? I can't remember which TOC i travelled with that day

 

[najaB]

Apart from simply waiting for this to happen, is there any way to find out if I was tried in my absence?

If the case was heard in your absence you can make a statutory declaration to the effect that you had no knowledge of the proceedings and you'll be given a new opportunity to make a plea.

 

[Fare-Cop]

Would the AoE order likely include charges added to the original fine or penalty fare that may have been issued? This is what worries me most.

Apart from simply waiting for this to happen, is there any way to find out if I was tried in my absence? I can't remember which TOC i travelled with that day

If this is something that really might have resulted in a case that has been heard by a Court in your absence and an attachment of earnings ensued without you having any knowledge (which would seem unusual for something that happened 18 months ago) you will need to identify the location and contact the Court at which any case is likely to have been heard.

As a first step you could contact your local Magistrates Court and see if there is anything on LIBRA (the Courts records system) in your name.

You will then know whether you need to apply to make a Statutory Declaration out-of-time or not

 

[island]

It wouldn't be out-of-time as long as it was made within 21 days of becoming aware of the case.

 

[Fare-Cop]

It wouldn't be out-of-time as long as it was made within 21 days of becoming aware of the case.

Yes, that's correct of course. Mental aberration there http://www.railforums.co.uk/images/smilies/icon_rolleyes.gif