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Penalty fare - recorded as criminal offence?

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Momaiki

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Hi my friend have recently travelled on the train. In her sleep deprived state and her phone not working properly especially with the internet she thought she had bought her ticket however as the ticket officer was approaching and she was getting ready to show her ticket and she noticed she didn’t pay so she rushing to pay the ticket as she was already on board. The officer took her details and gave her an orange paper (I’m assuming the penalty). My friend said the officer asked if she had money on the day and to wait for the letter. She’s really anxious right now as she works in the hospital and is scared to loose her job. Is there any way she can pay the fine soon/online without waiting for the letter? And will this affect her job and be recorded as a criminal offence? She’s never done this before and it’s her first time getting one and she doesn’t know what to do. Could someone please help and advise what she should do? As she doesn’t want to go down and be recorded as criminal offence.
 

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Hadders

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Welcome to the forum!

Boarding the train without a valid ticket is a criminal offence and Govia Thameslink are entitled to prosecute you in the Magistrates Court if they want to. Fortunately for you, GTR normally offer to settle cases lilke this without court action being necessary as long as you co-operate with them and haven't come to their attention before.

What happens next is GTR will write to you in the next few weeks saying that they have received a report and are considering prosecuting. I suggest replying with a short, concide reply mentioning the following points:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

While we cannot guarantee it, GTR are normally prepared to offer an out of court settlement, expect to pay the fare avoided at the full Anytime rate plus an admin fee of around £150.

When it arrives, upload a copy of the letter from GTR in this thread, along with your draft reply, and forum members will proof read it for you.
 

Fawkes Cat

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It's perhaps worth clarifying that there's a bit of a mismatch between the thread title ('Penalty fare - recorded as criminal offence?') and the thread content.

The title asks about penalty fares - and the answer to that question is that a penalty fare is not recorded as a criminal offence.

But it turns out that the OP's friend has received a 'Bylaw Report'* and I agree with Hadders that this could result in prosecution. If it does result in prosecution and the OP's friend is convicted (i.e. pleads guilty or is found guilty) then that will result in a 'criminal record' - that is, if someone asks 'have you ever been convicted of a crime', and the Rehabilitation of Offenders Act (RoOA) doesn't give protection, then the honest answer will be 'yes'. But I also agree with Hadders that if the OP's friend co-operates and is offered an out of court settlement, then the out of court settlement is not recorded as a criminal offence either.

This all sounds awfully complicated, but my suggestion would be not to worry about it just yet. When the letter arrives from GTR, respond in line with what Hadders has suggested above: that will probably result in an out of court settlement, so all the complicated details of criminal offences and the RoOA won't matter.

* As a side issue, just to note that I don't remember seeing something exactly named like this before
 

Grvrdvicdr

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26 Oct 2021
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223
Location
London
Has your friend received any penalty fares before (particularly in the last 12 months)? As I’m pretty sure GTR operate the 3 strike policy similar to SE. Can get 2 penalty fares in a 12 month period but if you get a 3rd then instead you get issued a bylaw report which the company almost always bring to court as they see it as not having learned.

Side note this would be a report under bylaw 18
 

WesternLancer

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12 Apr 2019
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Hi my friend have recently travelled on the train. In her sleep deprived state and her phone not working properly especially with the internet she thought she had bought her ticket however as the ticket officer was approaching and she was getting ready to show her ticket and she noticed she didn’t pay so she rushing to pay the ticket as she was already on board.
Look at it from the railway companies point of view. Your friend needs to realise that this looks like classic 'pay when challenged' fare evasion. ie board the train and don't buy a ticket until you see an inspector and hope to 'get away with it' - the 'sleep deprived state' line, however true it may have been, just looks like a poor excuse after the event to the inspector.

Your friend could usefully act now to do something that she can show them when they write to her that she has done to avoid this happening again, and has 'learned a lesson', If she uses the train to get to and from work regularly then she should buy a season ticket or flexi season ticket now - this will then show that she has acted to prevent the situation that occurred happening again and say that to the railway company when they ask her about this.

The officer took her details and gave her an orange paper (I’m assuming the penalty).
No that isn't the Penalty - you are thinking of a Penalty Fare (posters for which you or your friend have probably seen at stations warning that you can be issued with a Penalty Fare that may cost £100 for not having a valid ticket.

I suspect that the member of staff suspected your friend may do this regularly (travelling without a ticket) and may thus be a deliberate fare evader, so has issued a report for this to be investigated.

My friend said the officer asked if she had money on the day and to wait for the letter. She’s really anxious right now as she works in the hospital and is scared to loose her job.

If she is a union member, a good idea would be for your friend to have an informal chat with a union representative at work who might be able to give her an idea of how this would best be handled in a situation if it did got to prosecution (which hopefully can be avoided by following the advice above).

Is there any way she can pay the fine soon/online without waiting for the letter?
No, because they have not issued a Penalty Fare. She needs to wait to hear from them - it is vital that she receives this letter and replies to it promptly in order to avoid being prosecuted. It may take a few weeks or even over a month to hear from them - so be sure to check hard copy post, e-mail and spam for any communication from Thameslink.

And will this affect her job and be recorded as a criminal offence?

It would only be recorded as a criminal offence if they prosecuted her and she was found guilty. She needs to engage with Thameslink to try and prevent prosecution.

She’s never done this before and it’s her first time getting one

She needs to be 100% honest in any dealings - so when you say never done this before do you mean?
a) never travelled without a ticket valid for her journey
or
b) never been caught before and issued with a Bylaw report or Penalty Fare for example

It is worth bearing in mind that they can access any on line ticket purchasing she has made in the past to look to see if there is anything suspicious on her ticket buying record. You don't have to tell them about that unless they ask but it's best to be honest with yourself and certainly not lie in anything your friend does tell them. The other side of the coin would be if they did look at her past ticket buying record will they see that she buys a correct ticket from a station near her home address to a station near her work address on every working day?

and she doesn’t know what to do. Could someone please help and advise what she should do? As she doesn’t want to go down and be recorded as criminal offence
Yes, you will get good advice here on what to do and how to avoid being prosecuted and getting a criminal record so tell her not to worry too much.
 

Grvrdvicdr

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26 Oct 2021
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223
Location
London
I don’t think we’ve seen any evidence of such a policy being operated by either of those companies.
When I was se revenue 4 years ago this was definitely the case, the system would automatically select bylaw and not let it be changed to penalty. Working with GTR they used the same operating system (TIPS). Other than 3 in 12 months was very unusual is be issued with a bylaw report for no ticket.
 
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