Reported by RPO almost 6 months ago - Dispute is still ongoing

[JCC8595]

I was reported by a revenue protection officer at the end of last year (2017) for alleged fare evasion, the dispute has been ongoing for some time now.

Court action has been threatened on numerous occasions, the last letter I received rejecting my appeal, and request for an OOC settlement was in April.

It is now early June, I have had sleepless nights over these threats for roughly the past 6 months, and it has literally ruined my life of this year.

Straight to the point, my question is what happens once if the investigating parties take over 6 months? No summons has been issued as of yet. Surely this cannot go on for so long!

Best wishes all.

 

[SA_900]

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[Romilly]

If the company wants to prosecute you under section 5 of the Regulation of Railways 1889, or under railway byelaws, then because those offences are "summary only" (which means that they can be tried only in the magistrates' court) the rule is that the company has the day of the alleged offence, and the following 6 months, in which to get its application to the court for a summons. The technical term for applying for a summons is laying an information. But note that so long as the application is made within the time limit, the court can take as long as it chooses to issue the summons (although in practice this will be done relatively speedily). The summons is issued to the company, specifying an initial court date, and the company then has to get the summons sent to you.

However, if the company want to prosecute for more serious offences such as fraud, then where those offences are not summary only (because they can be tried only in the Crown Court, or in either of the Crown Court or the magistrates' court), there is no explicit time limit for applying for a summons, although excessive delay can result in a summons being refused.

 

[JCC8595]

If the company wants to prosecute you under section 5 of the Regulation of Railways 1889, or under railway byelaws, then because those offences are "summary only" (which means that they can be tried only in the magistrates' court) the rule is that the company has the day of the alleged offence, and the following 6 months, in which to get its application to the court for a summons. The technical term for applying for summons is laying an information. But note that so long as the application is made within the time limit, the court can take as long as it chooses to issue the summons (although in practice this will be done relatively speedily). The summons is issued to the company, specifying an initial court date, and the company then has to get the summons sent to you.

However, if the company want to prosecute for more serious offences such as fraud, then where those offences are not summary only (because they can be tried only in the Crown Court, or in either of the Crown Court or the magistrates' court), there is no explicit time limit for applying for a summons, although excessive delay can result in a summons being refused.

Thank you, spot on answer. Exactly what I was looking for. All the best to you.

 

[Fare-Cop]

Just to add to Romilly's spot on answer, with the pressures on Court's time these days it might be that, at busy locations that the actual Court hearing might be well in excess of six months after the date of commission of the alleged offence.

For example, if an alleged offence has been identified on say 30 November 2017 and considerable correspondence might have ensued, the TOC would have had until 29th May 2018 to 'lay the information' and once done and the Summons has been authorised, because of shortage of Court time the Court office may not be able to provide a listing date until maybe mid-late July or even later.

It is always desirable to do things more quickly and Courts will strive to deliver hearings promptly, but with the effect of many Courts closures putting ever greater pressure on available time elsewhere, such delays can and do occur.