Prosecuted by SWT - ** SETTLED BEFORE COURT **

[MrITracy]

Hi all, 1st post here and I will try to keep it short.

In January this year I travelled on a train from Earlsfield to Waterloo on a South-West Trains route with friends. Through my own stupidity I failed to buy a ticket before travelling and when getting to Waterloo, panicked and passed through the barrier behind a friend. I was with a group of friends (all who had paid). I stopped them and began explaining that I had made an error and ought to go get a ticket. Then I was approached by the 'Station revenue assistant' who asked me to go with him. I complied and then apologised, explained my situation, offered to pay and gave all details requested.

Eventually I receive through the post a letter of intent to prosecute from SWT. I replied to this letter but not within the 14-days of the date of the letter.

(I should point out that I'm not from London and don't often use the railways)

 

Today I have just recieved summons to Richmond Magistrates Court! Two charges.

1) Did travel, or attempt to travel upon the railway, without having previously paid the fare, and with intent to avoid payment thereof:

 

2) In that you did, without permission from an authorised person, enter or leave railway premises without passing through the manned or automated barrier in the correct manner:

 

Now, I hold my hand up, I was an idiot. My friends and I had travelled earlier that day between Earlsfield and Dartford (Rtn), we had all bought tickets for that journey but I guess that they all bought the Earl>Waterloo tickets then as well, I obviously did not. Also, I shouldn't have tailgated my friend through at Waterloo, but I panicked and made the wrong choice. But, I had no intent to avoid payment and this is what gets me. Anyway, I don't think there is anything I can do to avoid being convicted of a criminal offence is there? I can't afford a huge fine and I don't want to go to court but I think the only thing I can do is plead Guilty and allow the magistrtes to deal with it in my absence and then have a criminal conviction?!

 

My only thought was that I had no intent to avoid payment thereof, I really didn't.... but I suspect that having tailgated through the barrier (despite not then trying to leave the area) will be seen as the intent?

 

Does anyone have any thoughts? Like I said I think there's nothing to do now but plead Guilty, it just seems so disproportionate for a £3.70 fare that I offered to pay there and then.

 

Thanks in advance for any help.

[honeybee13]

Hello and welcome to CAG. We'll help as much as we can.

 

The forum experts will tell you when they arrive, but I think it may be worth sending another letter. What did you say in your first one please?

 

And how long do you have before the court case?

 

My best, HB

[MrITracy]

Hi HB,

 

Case date is Thurs 14th June.

 

To paraphrase my letter to SWT prosecution dept, I firstly apologised for not replying within the 14 day period of the letter. I explained that I had been with a group of friends and had travelled previously that day. I explained not wanting to lose contact with my friends at Waterloo and so followed someone through the barrier and admitted that that was a stupid decision. I pointed out that I stopped the group within a few metres of the barriers and was explaining to them that I might need to go and speak to a station official and make good on the payment. I basically apologised alot and held my hands up but said that I was polite, honest with the official, offered to pay there and had the funds etc and had not intended to commit any offence. Ended by asking if there were any way to settle it out of court and offered to pay any fine and the ticket fare and apologised again.

 

I think that I don't really have a leg to stand on so I'll never be able to plead not guilty, I'd just like it to not be too costly and am gutted if that then leaves me with a criminal record.

[RPI]

best thing is to appear at court and ask to speak with the prosecutor before going into court, they MAY let you settle there and then but make sure you either take cash or a card with you as they won't take a cheque, I would suggest about £200 possibly, the court date is too near to try writing to them but it may be worth a try, if they dont accept your offer before court then appear in court and (assuming that you believe you are gulity) plead guilty in person and apologise etc this will reduce the fine more than likely.

[honeybee13]

Hello again.

 

I hope you don't get as far as court, but in case you do, there is a forum sticky about attending court that you might find useful. Here's a link.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?313909-What-happens-when-you-get-to-court-by-Old-CodJA

 

My best, HB

[MrITracy]

Thank you both for your help. I shall plead guilty, appear in person and try to speak to the prosecuter before as you suggest. I hope he/she takes some pity on me. I am just coming to the end of a PhD (pretty much 9 years of education including an access course and the degree) and so wanted the opportunity of working abroad in US or Aus. I don't want all that time and effort to be wasted because of this

 

I will let you know how it goes and thank you again.

 

Regards,

Ian

[honeybee13]

Hello again, Ian.

 

I hope it goes well for us, please let us know if you have other questions before the case and come back to tell us how it went, either way. I think if you are able to show sincere remorse it could help you.

 

You may have other replies because you posted at the beginning of the long weekend and it's been very quiet.

 

My best, HB

[MrITracy]

Hi HoneyBee and RPI,

 

I thought I should let you know, I have just got off the phone after speaking to the prosecutions manager at SWT. I have been a very lucky boy indeed. I apologised profusely and told him about my circumstances (I am just finishing a PhD as a 35yr old mature student and hoping to work in USA or Aus in the next couple of years and that obviously a conviction in court would kill any hopes of that, effectively rendering pointless the last 9 years of my life). I explained that it is out of character, I have never commited any offence and never planned to. I also explained that my financial circumstances have been pretty poor too. He was very kind and understanding and has allowed me to settle both charges out of court and I have just paid a total of £250 plus the fare (£3.70).

I am so relieved, I cannot honestly put into words how sick with worry I have been over this last week. I'd just like to thank you both for your advice and would like to reitereate to anybody else in the same position that speaking to the prosecutor involved is the best way forward. Be polite, honest and sincere. They are human after all.

 

Thank you again for your advice, I am very grateful. Here's to hoping I don't need to ask for it again though hey

 

Yours sincerely and with much love,

 

Ian xx

[honeybee13]

Hello again, Ian. That's great news, I'm very pleased for you.

 

I think you're absolutely right about being polite and honest. We've seen the opposite approach backfire on people a few times.

 

Take it easy in future on the trains and I hope you enjoy your travels further afield. I'll alter your thread title.

 

HB x

 

PS And thank you for coming back to tell us. Too many people don't, and it doesn't help others who arrive here wanting to know how a thread finishes.

Edited June 7, 2012 by honeybee13
PS