Unpaid Fare - Court Proceedings

[Mikey Bishop]

Hi All,

Today i received a Single Justice Procedure notice from the courts on behalf of LNER. I had a payment plan for a fine i received for boarding a train without a ticket (due to loosing my wallet). I defaulted on one of these payments hence receiving the SJP notice.

I plan to plead guilty as I cannot see a feasible way I can prove i'm not guilty of this offence. My question is will i receive a criminal record for this? I can't work out what the actual offence is (i've seen people mention that travelling without a ticket is a bye law and so won't appear on my criminal record).

Also will the court take into account that i made the first payment before I defaulted the second?

Thanks for your time and if you need any further information please ask.

 

[Puffing Devil]

It's a pedantic point, you haven't been paying a fine, you've been paying an administrative settlement. Only a court can impose a fine and only a court can force collection.

Firstly, I would attempt a final negotiation with LNER. Scrape together all the cash that you can from family and friends and offer to settle in full.

If that fails, then you have little option other than to plead guilty. That will get you a discount on the fine, though not the costs, compensation and victim surcharge.

Regarding the criminal record, yes it is unlikely that it will be disclosed. It is a grey area with no firm, published, rules.

You should also be able to reclaim your part payment from LNER, as that was to keep the matter from court.

 

[island]

How long ago did you commit the ticket violation, and what date is on the SJP notice?

 

[UKADS]

If you plead guilty either way on the justice notice, you will receive a criminal record.
I've been through it myself.

 

[island]

If you plead guilty either way on the justice notice, you will receive a criminal record.
I've been through it myself.

That isn’t necessarily correct.

 

[UKADS]

That isn’t necessarily correct.

Oh, how so? I received one, on the actual form it says if you plead guilty you automatically receive one, I even rang the court up to ask and they confirmed for me. Any other info would be appreciated, then I could challenge mine..

 

[221129]

Oh, how so? I received one, on the actual form it says if you plead guilty you automatically receive one, I even rang the court up to ask and they confirmed for me. Any other info would be appreciated, then I could challenge mine..

It depends on the charge.

 

[UKADS]

It depends on the charge.

Board a train without a valid ticket, bylaws act or something

 

[221129]

Board a train without a valid ticket, bylaws act or something

If it was a bylaw prosecution you won't have a criminal record. If it was a Regulation of Railways act prosecution you will.

 

[UKADS]

If it was a bylaw prosecution you won't have a criminal record. If it was a Regulation of Railways act prosecution you will.

Interesting, thanks I'll take a look. All I know is they said I had one,so maybe I don't lol.. need to look.

Cheers

 

[UKADS]

If it was a bylaw prosecution you won't have a criminal record. If it was a Regulation of Railways act prosecution you will.

I found my old letter and it says: Charge sheet...

On 12 October 17 did board the train at a station where ticket purchasing facilities were available, without s valid ticket or other authority to travel.

Contrary to bylaw 18 of the Railway Bylaws 2005, made under Section 219 of the Transport Act 2000 by the Strategic Rail Authority and confirmed under Schedule 20 of the Transport Act 2000, as amended by Section 46 of the Railway Act 2005.

So that was my old charge sheet, I'm confused now as to weather this was a bylaw or railways Act..

 

[221129]

It was a bylaw charge so no criminal record.

 

[UKADS]

It was a bylaw charge so no criminal record.

I've told my employer that I have a record, I've told new job applications that I have one too. Wow.. they really need to make it clearer on information. Thankyou very much 221129 very much appreciated buddy

 

[island]

Regardless of the charge, assuming you were punished by way of a fine, any record you may have had is now spent and need not be declared for most purposes.

 

[Enthusiast]

Regardless of the charge, assuming you were punished by way of a fine, any record you may have had is now spent and need not be declared for most purposes.

Offences which are dealt with by way of a fine are spent 12 months from the date of conviction (unless the defendant is aged under eighteen, when they become spent after six months).

 

[island]

Offences which are dealt with by way of a fine are spent 12 months from the date of conviction (unless the defendant is aged under eighteen, when they become spent after six months).

And as the OP committed the offence on 12 October 2017 and must have been prosecuted for it by 12 April 2018, it would have been spent by 12 April 2019.

 

[Puffing Devil]

And as the OP committed the offence on 12 October 2017 and must have been prosecuted for it by 12 April 2018, it would have been spent by 12 April 2019.

The information must be laid within 6 months, the final resolution can be some time later.