Urgent help needed for fare evasion case.

[HumbleJourney]

Hello,

I desperately need your assistance with a fare evasion case that has been causing me a lot of distress. Please bear with me as I explain the situation—it’s a bit complicated and spans several months.

On 17th August 2023, I travelled to Stevenage to submit paperwork for a new job. The job itself was in Hertford, and I had never visited Stevenage before. Since my Oyster card worked in Hertford I assumed it would work in Stevenage as well but unfortunately it didn't. I offered to pay with my bank card but the railway staff told me it was too late and took my details.

Fast forward to March 2024 and I was caught off guard by an email from my employer regarding an Attachment of Earnings Order. After a few emails and calls I eventually figured out I received a £461 fine for fare evasion. While I acknowledge that I should've checked that Stevenage was within Oyster range before travelling it seemed crazy to me that I could be fined so much for such a silly mistake. Also at the time I had just spent the vast majority of my savings on dental surgeries so the timing of this fine couldn't have been worse.

Because I was moving at the time of the offence the original letter was sent to my old address and I missed the chance to defend myself at court. So I decided to have the case reopened and last week I signed a statutory declaration form in court and plead not guilty. However, I have since learned that once the railway prosecutes they almost always find the defendant guilty and this would mean I have to pay even more. I'm also really scared of getting a criminal record.

I have contacted a solicitor but their fee is £300 plus VAT for a chat and £900 plus VAT for written representation which I can't afford right now. My court hearing is scheduled for October 9th and I’m unsure whether I should try to settle out of court, attend the hearing and defend myself, or change my plea to guilty.

I just can't believe that a silly mistake like forgetting to check if I could use my Oyster could cost me so much money and make me a criminal. I would greatly appreciate any advice you have and I can provide more details if there's anything else you need to know. I am truly desperate and would be forever grateful for your help.

Thank you.

 

[Blinkbonny]

You must contact the rail company concerned and ask if they will offer an out of court settlement . There is a good chance they will, if all is as you say - and then they will withdraw the prosecution irrespective of your plea.

 

[30907]

It's unfortunate that you missed the previous letter(s) but you have taken the right action in making a SD.

You have time now to contact GTR prosecutions department (with the case reference and any other detail you have) with a view to their offering an out of course settlement. As they are generally amenable to this, it is your best course.

You might also be able to speak with the prosecutor on the day, but that is leaving it late!

Unfortunately you committed an offence (carelessly maybe, but still an offence) and will be found guilty if it goes that far.

 

[WesternLancer]

Hello,

I desperately need your assistance with a fare evasion case that has been causing me a lot of distress. Please bear with me as I explain the situation—it’s a bit complicated and spans several months.

On 17th August 2023, I travelled to Stevenage to submit paperwork for a new job. The job itself was in Hertford, and I had never visited Stevenage before. Since my Oyster card worked in Hertford I assumed it would work in Stevenage as well but unfortunately it didn't. I offered to pay with my bank card but the railway staff told me it was too late and took my details.

Fast forward to March 2024 and I was caught off guard by an email from my employer regarding an Attachment of Earnings Order. After a few emails and calls I eventually figured out I received a £461 fine for fare evasion. While I acknowledge that I should've checked that Stevenage was within Oyster range before travelling it seemed crazy to me that I could be fined so much for such a silly mistake. Also at the time I had just spent the vast majority of my savings on dental surgeries so the timing of this fine couldn't have been worse.

Because I was moving at the time of the offence the original letter was sent to my old address and I missed the chance to defend myself at court. So I decided to have the case reopened and last week I signed a statutory declaration form in court and plead not guilty. However, I have since learned that once the railway prosecutes they almost always find the defendant guilty and this would mean I have to pay even more. I'm also really scared of getting a criminal record.

I have contacted a solicitor but their fee is £300 plus VAT for a chat and £900 plus VAT for written representation which I can't afford right now. My court hearing is scheduled for October 9th and I’m unsure whether I should try to settle out of court, attend the hearing and defend myself, or change my plea to guilty.

I just can't believe that a silly mistake like forgetting to check if I could use my Oyster could cost me so much money and make me a criminal. I would greatly appreciate any advice you have and I can provide more details if there's anything else you need to know. I am truly desperate and would be forever grateful for your help.

Thank you.

Welcome - people will give you good advice here but the case seems to have escalated for some reason between August 2023 and March 2024 - presumably because you did not receive paperwork that was sent to you by the railway and / or by the court. Did you move house or some such during that time?

A Statutory Declaration usually seems to be the way to try and resolve these matters (not by you pleading not guilty because by the sound of it you were guilty) but by using the time when the clock has been re-set to negotiate the out of court settlement for travel without the valid ticket caused by contactless not being valid for your journey, before the case gets re-heard - when another guilty verdict would result.

if an out of court settlement for that was agreed it would probably have been the cost of the fare that needed paying plus a circa £100 'admin fee' the railway company usually charges for looking into this.

However

From what is usually said on here you have to make yore Statutory Declaration within a short time (21 days?) of when you first learn you have been taken to court without knowing about it. It seems that you learned of this on or soon after the employer commenced Attachment of Earnings back in March 2024. Unless you did the Statutory Declaration within 21 days of that date then I am not sure if this is going to work.

Problem is I don't know if there are any options if you did not do the Statutory Declaration quickly enough....

Hopefully others with more knowledge of that can advise what your best course of action might be now.

 

[Titfield]

Unfortunately, and I know you will not want to hear this, you do have a criminal record by virtue of the court proceedings that took place previously.

Trying to pay using an oyster card outside of the oyster card area means that you did not have a valid ticket. That also means, of course, that you would be found guilty at the rehearing.

Your only hope is to contact GTR Prosecutions Department and ask if they would consider offering you an out of court settlement. If they were to do this, it would probably be the costs of the fare avoided, administration fee (of C£150) and any other costs they have incurred to date including court costs. If they did offer you an out of court settlement and you paid it immediately they would then withdraw the prosecution against you.

If you search you will find a few threads on this forum where exactly this situation has played out. OOC settlement agreed, payment made, case against the person dropped, conviction expunged.

You will need to draft a very well worded letter to the prosecutions department which not only follows the advice which @Hadders gives when communicating about fare evasion but also deals with the fact that this case is being reheard after a statutory declaration.

You do have time to do this but you can not hang about as GTR will need time to check and decide on what their course of action will be.

Please post here your draft letter to GTR so it can be sense checked (and possibly improved) BEFORE you send it.

EDIT I have just seen @WesternLancer reply above but think some of his comments have been superseded because the SD appears to have been accepted hence you have a new court date (in October). If this is indeed the case then you are fortunate because the time to make an SD had run out as it is 21 days after first becoming aware that you had been convicted which the attachment of earnings order would imply.

 

[WesternLancer]

You must contact the rail company concerned and ask if they will offer an out of court settlement . There is a good chance they will, if all is as you say - and then they will withdraw the prosecution irrespective of your plea.

But my thinking is the OP must have been taken to court already and found guilty before an Attachment of Earnings Order was agreed as long ago as March 2024? If so the prosecution has already happened and can't be withdrawn unless the SD was done in 21 days of learning about the court conviction - I assume.

I would happily stand corrected however....

Perhaps the OP can clarify who the Attachment of Earnings order makes payments to. Is it the court?

And also has the OP been trying to get this sorted out since March 2024 but not contacted the court or the railway company in that time?

 

[HumbleJourney]

But my thinking is the OP must have been taken to court already and found guilty before an Attachment of Earnings Order was agreed as long ago as March 2024? If so the prosecution has already happened and can't be withdrawn unless the SD was done in 21 days of learning about the court conviction - I assume.

I would happily stand corrected however....

Perhaps the OP can clarify who the Attachment of Earnings order makes payments to. Is it the court?

And also has the OP been trying to get this sorted out since March 2024 but not contacted the court or the railway company in that time?

Hi,

Thank you for your prompt response!

Yeah so there was an original court hearing but I wasn't able to attend that one as the letter informing me of it was sent to my old address. I went to court last week to explain why I wasn't able to attend the initial court hearing and I've now been given a new court date of October 9th where they will review my case again.

And yeah it's taken a while for a couple reasons. For one it just took me a while to find out what was actually going on. My company's payroll department were slow to respond to my emails and it wasn't until late April when they sent me a letter (attached) which gave me some more info about the fine. When I contacted the number provided in the letter I was (successfully) told for the first time that the fine was for fare evasion. They then guided me on how to reopen the case which ultimately took a few months to do.

 

[Haywain]

If so the prosecution has already happened and can't be withdrawn unless the SD was done in 21 days of learning about the court conviction - I assume.

As the OP has a new court date it would appear that the SD has been accepted.

 

[HumbleJourney]

Unfortunately, and I know you will not want to hear this, you do have a criminal record by virtue of the court proceedings that took place previously.

Trying to pay using an oyster card outside of the oyster card area means that you did not have a valid ticket. That also means, of course, that you would be found guilty at the rehearing.

Your only hope is to contact GTR Prosecutions Department and ask if they would consider offering you an out of court settlement. If they were to do this, it would probably be the costs of the fare avoided, administration fee (of C£150) and any other costs they have incurred to date including court costs. If they did offer you an out of court settlement and you paid it immediately they would then withdraw the prosecution against you.

If you search you will find a few threads on this forum where exactly this situation has played out. OOC settlement agreed, payment made, case against the person dropped, conviction expunged.

You will need to draft a very well worded letter to the prosecutions department which not only follows the advice which @Hadders gives when communicating about fare evasion but also deals with the fact that this case is being reheard after a statutory declaration.

You do have time to do this but you can not hang about as GTR will need time to check and decide on what their course of action will be.

Please post here your draft letter to GTR so it can be sense checked (and possibly improved) BEFORE you send it.

EDIT I have just seen @WesternLancer reply above but think some of his comments have been superseded because the SD appears to have been accepted hence you have a new court date (in October). If this is indeed the case then you are fortunate because the time to make an SD had run out as it is 21 days after first becoming aware that you had been convicted which the attachment of earnings order would imply.

Thank you so much for your response. I will get on to drafting the letter to GTR. I've known from the start that I was at fault it's just that I thought the fine was excessive for a one-off honest mistake so hopefully I can come out of this with the avoided fare+admin fee cost. Thanks again for the detailed response!

 

[John R]

Thank you so much for your response. I will get on to drafting the letter to GTR. I've known from the start that I was at fault it's just that I thought the fine was excessive for a one-off honest mistake so hopefully I can come out of this with the avoided fare+admin fee cost. Thanks again for the detailed response!

Do post a draft on here before sending so that some of the experts can make sure you hit all the right points. And try and avoid using AI - letters composed that way come across as very insincere, and you may have to work a little harder than normal to convince them to offer a settlement as it's already gone to court.

 

[WesternLancer]

As the OP has a new court date it would appear that the SD has been accepted.

Yes. This is good news for tho op, allowing the chance to now settle it out of court and the prosecution to be withdrawn.

Vital to contact the Railway company now to seek that settlement before the new court date.

@HumbleJourney do get your wording checked here of what you need to say to the railway company about this before sending it to maximise your chance of getting in as effective as possible. Especially if you feel solicitor costs not affordable.

 

[Fawkes Cat]

I thought the fine was excessive for a one-off honest mistake

On this point: I’m sure that this has already occurred to you, but don’t mention this when you write to the railway. You’re asking them to do you a big favour in withdrawing the prosecution, so you don’t want to suggest that they (or the court) have done anything wrong. You don’t need to go so far as saying ‘I understand why the fine is so much’ - just avoid mentioning it!

(edit: do > don’t. Oops)

 

[The exile]

Only tangentially linked - but a reminder to any readers. If you are moving house, pay for the Royal Mail redirection service to make as sure as you can that important letters don’t go astray. The most important things in life still come by post - even if most people will never receive any of them.

 

[island]

I'm also really scared of getting a criminal record.

for the avoidance of any doubt you already have a criminal record and if you're renewing insurances etc. then this needs declaring. The record won't go away before the court hearing.

 

[DaveMcDave]

Sorry - but, I do think some of the above might be unncessarily distressing for the OP.

They surely are most likely to have been charged under the Railways Bylaws, for not producing a valid ticket? This is a *non recordable offence*, it does not constitute a criminal record in the way most people would understand a criminal record - i.e. having been convicted of a criminal offence, and recorded by the Police as such. It's analogous to being caught speeding and getting 3 points or a speed awareness course; 1.2m a year go through that (and many people on here); they aren't "criminals".

A copy of the charge sheet, or judgement would confirm this - but a first time offender and a relatively minor offence surely isn't going to be taken to court under the RoRA. The bylaws are a much better fit for this.

 

[Hadders]

Sorry - but, I do think some of the above might be unncessarily distressing for the OP.

They surely are most likely to have been charged under the Railways Bylaws, for not producing a valid ticket? This is a *non recordable offence*, it does not constitute a criminal record in the way most people would understand a criminal record - i.e. having been convicted of a criminal offence, and recorded by the Police as such. It's analogous to being caught speeding and getting 3 points or a speed awareness course; 1.2m a year go through that (and many people on here); they aren't "criminals".

A copy of the charge sheet, or judgement would confirm this - but a first time offender and a relatively minor offence surely isn't going to be taken to court under the RoRA. The bylaws are a much better fit for this.

We do not know what offence @HumbleJourney was charged with. Train companies often prosecute under section 5.3 of the Regulation of the Railways Act where someone doesn't co-operate with their investigation. Consequently I don't think we can automatically assume it's a prosecution under the byelaws.

Being found guilty of a bylaw offence is a criminal conviction. Ordinarily a byelaw conviction isn't recorded on the Police National Computer and won't normally show on DBS checks but it is a conviction and we always advise being honest if you are asked if you have a conviction. Paying a Fixed Penalty Notice for speeding is not a conviction but if the matter ended up in court and you were found guilty then it would be.

 

[DaveMcDave]

I don't disagree semantically, and i do think the OP should confirm the specific charge - but I do thing those more regular posters on these forums would support users who post here better by explaining a little more the nuuances between the two. It's potentially extremely alarming to be told you have a criminal record when based on all probability (easily confirmed by the OP), it is a much more minor offence that has not been recorded by the Police. Prosecutions under the RRoA are much more serious.

Most people i would wager don't worry so much about the money, or even the court hearing - it is that "criminal record" point that has potential to cause most stress, and be actually life-changing in certain circumstances. Being prosecuted for a non-recordable offence is significantly different ,and i think more should be done to explain that.

 

[Hadders]

I don't disagree semantically, and i do think the OP should confirm the specific charge - but I do thing those more regular posters on these forums would support users who post here better by explaining a little more the nuuances between the two. It's potentially extremely alarming to be told you have a criminal record when based on all probability (easily confirmed by the OP), it is a much more minor offence that has not been recorded by the Police. Prosecutions under the RRoA are much more serious.

Most people i would wager don't worry so much about the money, or even the court hearing - it is that "criminal record" point that has potential to cause most stress, and be actually life-changing in certain circumstances. Being prosecuted for a non-recordable offence is significantly different ,and i think more should be done to explain that.

We have to be very careful in the advice we give. Many people think railway ticketing matters are like parking tickets and are surprised to discover that it's a criminal matter. A byelaw conviction is a criminal conviction, and my view is that we are right to point this out with the caveat that byelaw convictions aren't normally recorded in the PNC.

While this is an interesting debate it is becoming off-topic for this thread, which is to help @HumbleJourney with their case. Any further debate about this should be made in a new thread.

 

[HumbleJourney]

We do not know what offence @HumbleJourney was charged with. Train companies often prosecute under section 5.3 of the Regulation of the Railways Act where someone doesn't co-operate with their investigation. Consequently I don't think we can automatically assume it's a prosecution under the byelaws.

Being found guilty of a bylaw offence is a criminal conviction. Ordinarily a byelaw conviction isn't recorded on the Police National Computer and won't normally show on DBS checks but it is a conviction and we always advise being honest if you are asked if you have a conviction. Paying a Fixed Penalty Notice for speeding is not a conviction but if the matter ended up in court and you were found guilty then it would be.

Hello Hadders, thanks for all your advice! Could you please check my draft email for the GTR prosecutions department and share your feedback? I was advised to get your input before sending it.

Dear GTR Prosecutions team,
Case number :--------------
I hope this email finds you well.
I am reaching out to you in regards to my fare evasion incident that occurred due to a misunderstanding of the Oyster Card zones on my part. Unfortunately, due to me changing address shortly after I committed the offense, I missed the letter informing me of the initial hearing and I only became aware of this issue once an attachment of earning order was issued in March. However, I have recently signed a statutory declaration and have been assigned a new court date for October 9th.

I want to sincerely apologise for my mistake in assuming that the Oyster card would cover my journey to Stevenage on August 17th 2023. The fine has already been deducted from my salary, and I fully acknowledge the error I made.

I am concerned about the impact this could have on my DBS record, which in turn could affect my job prospects. I deeply regret this oversight and assure you that I will be more vigilant in the future. Could I please request the possibility of this matter being resolved out of court?

I appreciate your time and consideration of my request, and I apologise once again for any inconvenience caused.

Sincerely,

 

[Hadders]

Have you used ChatGPT to write this? The letter is on the right lines but needs some amendment.

You really don't need to hope they're well
You're not reaching out to them - you're writing to them
Remove the bit about the DBS and your job prospects - this is of no concern to GTR
I would say 'I wondered if it would be possible to resolve the matter....'
You need to add that you are prepared to pay the cost of the outstanding fares and GTR's administrative costs in dealing with the matter.

 

[HumbleJourney]

Have you used ChatGPT to write this? The letter is on the right lines but needs some amendment.

You really don't need to hope they're well
You're not reaching out to them - you're writing to them
Remove the bit about the DBS and your job prospects - this is of no concern to GTR
I would say 'I wondered if it would be possible to resolve the matter....'
You need to add that you are prepared to pay the cost of the outstanding fares and GTR's administrative costs in dealing with the matter.

Hey Hadders, thank you for your feedback. Yeah I wrote a version myself and then used ChatGPT to check it as English is not my first language and I didn't want to make any mistakes. I did get my friend to check it afterwards though to make sure it sound more human, I guess he didn't do a good job XD.

Here's an update on the issue.

So GTR Prosecution responded to my email and has agreed to settle the matter out of court. However, there is an issue as this site http://payments.gtrailway.com can't find my prosecution.

To try and resolve this I called the Single Justice Service, who initially provided me with the case number and informed me about the offense, but they said that they do not have the GTR prosecution number. They advised me to contact the GTR helpline for it and then they told me to email the GTR prosecution again. So now I have emailed them again and explained to them that the case number I have isn't being recognised and to see if they can help me in anyway. But hopefully it will all be sorted soon, thanks again for your help!