Single Justice Procedure Notice for travelling on a rail card without a valid railcar, Southern Rail

[Deborah1988]

Happy New Year guys. Unfortunately I am starting the year with a bit of a tricky situation, and was wondering if anyone could help?

I received a Single Justice Procedure Notice (SJPN) on 19th December for travelling without a valid railcard whilst using a railcard discounted ticket between London Bridge and Uckfield back in August. I was stopped by an inspector and was unable to produce a railcard so was issued a fine.

Long story short, I didn't have a railcard so was asked to pay the excess fare which I paid at the time (with the ticket inspector present) at the station - along with the fine which I received a few weeks later and paid online.

A month later I received a letter saying the fine was still unpaid, (I don't know why the payment didn't go through - I checked but it's not on my bank statement) so a further fine was issued. I then tried to pay this but on the website it said that the case under my surname could not be found. I called the number which it gave on the letter to pay by phone but this just kept ringing and then would cut me off, so I contacted the website helpline number and the same thing happened.

I have since received the SJPN and am asked to plead guilty or not guilty. What I need to know is if I plead guilty but with my mitigating circumstances attached (I took screenshots of my call records and the website which shows my case wasn't found when I tried to pay) will I receive a criminal conviction? If I do receive a criminal conviction is this likely to show up/hinder my travels to America?

Any advice on this would be greatly appreciated.

 

[gray1404]

If you have not been to court then you will not have received a fine. What exactly did the Inspector ask you to pay at the time? Was it a Penalty Fare. What amounts did they ask you to pay in the letters that followed - I believe these are called Out of Court Settlements. Where you of a reasonable impression that your payment had done through on their website?

Did you have an actual railcard but had just left it at home on the day? Where you told that you could send a copy of your railcard in afterwards?

 

[Fawkes Cat]

Welcome to the forum.

A quick Google has come up with the following:

https://www.singlejusticeprocedure.co.uk/plea-mitigation.html

As you will see, it's a commercial site aimed at motorists, so some of it is irrelevant to you as a train traveller, and of course as a commercial site their answer to anything difficult is to have a consultation with the advertiser (which is how they make their money). But to my eyes (and please bear in mind that I am not a lawyer) the advice seems to be that if you are guilty, then pleading guilty but writing clearly, concisely and courteously to the magistrate to explain how you tried to settle matters earlier but failed may indeed be the best way to minimise any fine.

What it won't do is stop you getting a criminal record. If it turns out that you have been charged under the railway byelaws, then the consensus here is that you won't get a record: if you are charged under the Regulation of Railways Act, then you do get a record - but for most purposes it can be ignored after one year.

My advice is always to be honest: whether for a job or a USA visa, if you are asked the question, give an honest answer. A fine from the railway is not the worst thing that you can do, and most organisations (even the American government) recognise that people make occasional, forgivable mistakes. But lying about a previous mistake suggests that you are still making mistakes, or maybe that rather than being honest but occasionally foolish you are fundamentally dishonest. So if you lie about a conviction, the lie can have serious consequences.

In short, it seems like you have made a mistake. The best way to deal with it now is to be open, and work with any relevant authorities.

 

[najaB]

Long story short, I didn't have a railcard so was asked to pay the excess fare which I paid at the time (with the ticket inspector present) at the station - along with the fine which I received a few weeks later and paid online.

You paid an excess and were later requested to pay a penalty fare (since a fine can only be imposed by a court)? Something doesn't seem right here.

 

[island]

What offence does the SJPN say you are being charged with?

Is it something like “entered a train without a valid ticket”? “Failed to hand over a ticket for inspection”? “Travelled on the railway without previously paying his fare and with intent to avoid the payment thereof”?

How did you pay the “excess fare” on the train? What paperwork did you receive at the time?

 

[nuts & bolts]

You paid an excess and were later requested to pay a penalty fare (since a fine can only be imposed by a court)? Something doesn't seem right here.

I agree, you cannot excess a discounted ticket as in this case, a full fare ticket should have been offered or an 'unpaid fares notice' if appropriate.
There is a possibility the Railcard for some reason cannot be found on the data base!