Fare Evasion - Court Summons - Info & Advice Please?

[lost24]

Hi,

 

My (stupid) 18yr old son has received a court summons for fare evasion (date of offence in Jan 11) at my address.

 

This a bit confusing as he wants to please guilty but the evidence sheet submitted from the train inspector has incorrect/conflicting information contained within it.

 

Basically my son left the family home to live with his father in July last year and has just moved back with me this month. Because of elections/council tax etc. I made sure the relevant authorities (including electoral roll) etc. had his new address details straight away, and any post that came for him to my address I wrote the new address on and put back in the mail.

 

- My son says he lost the penalty notice, and has not received any other documentation.

 

- The evidence sheet has some negative comments on it that he is alleged to have said he disputes this

 

- The inspectors confirms she checked his address and confirmed my address (he only moved back at the begnning of this month and I informed ctax and electoral roll at the begining of last week) - any records should have him at his dad's house

 

- He says he gave my address because he was not getting any mail at his dad's house but didn't tell me about the fare evasion until it came in the post on Friday..

 

Is there any point in attending a court date to dispute info in the evidence sheet - the main offence is fare evasion and he is unfortunately guilty of this - can we enter this disputed info on the evidence sheet, and the reasons for evasion in the mitigating curcumstances?

 

Its £4 for the ticket and £105 fine - can he pay this before the court date - would this avoid prosecution... He is unemployed at the moment and starting college in September,

 

Any advice would be appreciated.

 

C

 

BTW it was his last day of college and lost his travelcard, he was having probs at his father which is why he has come back home (and is a lot more appreciative now)

[honeybee13]

Hello there. The guys in the know don't seem to be around atm, but I'm sure they'll give you advice as soon as they turn up. It sounds fairly straightforward [to me at least, not an expert] and your son isn't disputing it unlike some of the posters here.

 

My best, HB

[Wriggler7]

Children eh!

 

If evidence is disputed where that evidence relates directly to the charge, that is to say, does the evidence prove that he committed the offence charged, then that may amount to a 'defence'.

 

Firstly, you do not tell us what offence he is charged with. There are two main offences which are charged, and one or two others that can crop up. It would be useful to know what 'act and section' the summons describes.

 

If the dispute relates to issues that do not affect the charge, that can be explained to the Court in mitigation. But: Inspectors tend to keep accurate notes, in my experience, sons tend to 'embroider' stories. I am not saying 'the inspector is always right', but before he marches in stating 'I never called her a fat cow' (or whatever it is that is disputed), encourage him to understand that 'honesty' might be a good idea.

 

You say that the fine is £105.00. That sounds like the 'claim for costs'. The prosecution cannot begin to guess what the fine can be. For most fare avoidance cases, it tends to end up somewhere between £100 and £350.00, as well as 'costs' and compensation fo the fare. It is important that he tells the Court all about his income, as some I have seen have ended up with fines reduced to £17.00, and sometimes, the Court may award less than the full costs claim.

 

The issues about 'address' are just down to 'time'. The records that railways check are not updated 'daily'. Some records will show the state of play last October.

[lost24]

Hi - thanks for the replies - he is a silly sod!

 

It states on the summons

 

contrary to Bye Law No 18(2) or the Railway Byelaws made under Section 219 of teh TRansport Act 200 by the Strategic Rail Authroity and confirmed under scedule 20 of the Transport Act 2000

 

How did you know the nature of the disputed coversation......

 

The docs say teh fare outstanding is £4 and £105 for prosecution costs.

[Wriggler7]

So, the charge is one of failing to show a ticket. That is the 'lesser' of the various charges, which is both good and bad news. Prosecution have less to prove, but the penalties are lower.

 

He can attend Court, I recommend that he does, to explain in person his version of events, or he can write to the Court.

 

Either way, he needs to fill in the Form MC100 and explain his income.

 

If he does nothing, the case can be proved in his absence, the Court will assume 'average earnings', and fine him (probably) £175.00 plus £105 costs, plus 'the fare' and the £15.00 victim surcharge.

 

He needs to understand that fines etc are payable on the day of the hearing, the Court takes a pretty dim view of people who state 'I can't pay'. Whilst prison is not an option for this offence, it becomes an option if people do not pay fines.

[lost24]

Thank you - I will pass this info on to him! Lets hope he learns his lesson!

[claireabelle]

Hi,

Just wondered what happened.

Im having a similar prob with the same offence.

 

Thanks

[lost24]

Hi - I am waiting for a response from the court - he completed all the forms including the finance one and sent them in the post. Lucky he had a copy and I sent that one special delivery. He pleaded guilty though. I'll update this when we get a response.