Summoned to Court - Fare Evasion - South West Trains

[Jo-Jo-Allans]

Hi all,

 

Hoping someone will give me some advise.

 

I have been summoned to court for fare evading with the intent to avoid payment.

 

I travel almost everyday from London Waterloo to Farnborough Main Station for the past six months. On a Monday morning I was caught up in the underground with delays longer than expected and reached London Waterloo with very few minutes to spare till I miss my train, and be late to my meeting at a new job.

 

The queues at the self service ticket machines were extremely long (although they are supposed to be 3-5mins wait). So I boarded the train without a ticket with the assumption I can buy on the train.

 

Throughout my commute in the six months, I have bought several times from inductors on the train and each time have happily sold to me.

 

Unfortunately this occasion I was unable to purchase on the train. So my assumption is I can buy from the excess ticket office at Farnborough Main.

 

I couldn't find anyone on the platform to tell them I didn't have a ticket, so I went to the guard to let me through. His colleague then stopped and questioned me, why I travelled without a ticket in the first place.

 

Although he was extremely rude and unhelpful, he interrogated me with my full intent to avoid paying a £12 fare! I explained my underground trains were delayed, and the self service machines had long queues. Therefore, assumed I could buy on the train like I usually do so I could make my meeting.

 

He then mentioned I have been lucky in the past that guards issue me tickets on board. I have bank statements showing prior to this incident, approximately 8 a month have been issued on the train by guards.

 

I offered to pay the full fare for a ticket and a penalty. He would not let me. He took my details and now I have been summoned to court with S.5(3)(a) of the Regulations of Railyways Act 1889

 

Can anyone please advise what I should do?

 

Thank you!!!

 

 

[honeybee13]

Hi all,

 

Hoping someone will give me some advise.

 

I have been summoned to court for fare evading with the intent to avoid payment.

 

I travel almost everyday from London Waterloo to Farnborough Main Station for the past six months. On a Monday morning I was caught up in the underground with delays longer than expected and reached London Waterloo with very few minutes to spare till I miss my train, and be late to my meeting at a new job.

 

The queues at the self service ticket machines were extremely long (although they are supposed to be 3-5mins wait). So I boarded the train without a ticket with the assumption I can buy on the train.

 

Throughout my commute in the six months, I have bought several times from inductors on the train and each time have happily sold to me.

 

Unfortunately this occasion I was unable to purchase on the train. So my assumption is I can buy from the excess ticket office at Farnborough Main.

 

I couldn't find anyone on the platform to tell them I didn't have a ticket, so I went to the guard to let me through. His colleague then stopped and questioned me, why I travelled without a ticket in the first place.

 

Although he was extremely rude and unhelpful, he interrogated me with my full intent to avoid paying a £12 fare! I explained my underground trains were delayed, and the self service machines had long queues. Therefore, assumed I could buy on the train like I usually do so I could make my meeting.

 

He then mentioned I have been lucky in the past that guards issue me tickets on board. I have bank statements showing prior to this incident, approximately 8 a month have been issued on the train by guards.

 

I offered to pay the full fare for a ticket and a penalty. He would not let me. He took my details and now I have been summoned to court with S.5(3)(a) of the Regulations of Railyways Act 1889

 

Can anyone please advise what I should do?

 

Thank you!!!

 

 

 

Hello and welcome to CAG.

 

Could you tell us a bit more about the correspondence you've had please? Have you had letters before this one asking for your side of the story?

 

Once we know more about your case, we should be able to advise on what you might write to South West Trains to try to settle out of court.

 

I'm afraid the person who stopped you at Farnborough was right about paying on the train. If you really can't buy a ticket, you're meant to seek out a guard or a ticket inpector to buy a ticket from.

 

I'm surprised that you've been paying on the train about 8 times a month and I would advise you not to do this in case it causes future problems. It must be possible to plan your journey to allow time or purchase tickets in advance.

 

Please bear with us until the forum guys can get here, it's usually quieter on site over the weekend.

 

My best, HB

[Jo-Jo-Allans]

Hello and welcome to CAG.

 

Could you tell us a bit more about the correspondence you've had please? Have you had letters before this one asking for your side of the story?

 

Once we know more about your case, we should be able to advise on what you might write to South West Trains to try to settle out of court.

 

I'm afraid the person who stopped you at Farnborough was right about paying on the train. If you really can't buy a ticket, you're meant to seek out a guard or a ticket inpector to buy a ticket from.

 

I'm surprised that you've been paying on the train about 8 times a month and I would advise you not to do this in case it causes future problems. It must be possible to plan your journey to allow time or purchase tickets in advance.

 

Please bear with us until the forum guys can get here, it's usually quieter on site over the weekend.

 

My best, HB

 

 

Dear HB,

 

Thank you for your response.

 

Prior to receiving a Court Summons, SWT trains sent me a letter from their prosecution department. This gave me an opportunity to appeal. I did respond back outlining it was an honest mistake and happy to accept any fine or penalty. They responded back that they had enough evidence to prosecute alongside a court summon.

 

I was always under the assumption is was fine to purchase on the train. However after this i have always boarded with a ticket.

 

Thank you for you help.

[honeybee13]

I was always under the assumption is was fine to purchase on the train. However after this i have always boarded with a ticket.

 

Hello again. You're not alone, but I have learned from this forum that it isn't following the rules, if you like, to buy a ticket on the train. I'm not one of the experts, but the guys in the know have said that the rail companies are tightening up on ticketless travel.

 

I hope they'll be along as and when their lives permit.

 

HB

[Old-CodJA]

The act of failing to buy a valid ticket for your intended journey before boarding a train at a station where there was an opportunity to do so can be Summonsed as a strict liability offence contrary to National Railway Byelaw 18.1 [2005]. I'm afraid that the rail company does not have to prove intent not to pay, merely that you did not do so.

 

The aims of a passenger charter are exactly that, something the company aims to do, but do not overrule the requirement at law.

 

If you have been summonsed to answer the charge that you did travel without a valid ticket and with intent to avoid the fare contrary to Section 5(3)(a) of the Regulations of Railways Act [1889], it would seem that the reporting inspector has gathered evidence to suggest that you were intending to leave without paying. The act of passing an opportunity to pay can be seen as that evidence on its' own as determined by the Appeal Court judgment in Corbyn [1978], or it may be that having not paid before travelling, having not declared the journey and paid on train and having headed to the exit from trains before being questioned, the company has decided that you were intending not to pay.

 

In Court, you will be judged on your words & actions on the day, not what you later say that you intended.

 

The best I can suggest is that you write to the company and ask if they will consider allowing this to be settled without Court action, or perhaps seek the advice of a solicitor local to the Court who specialises in criminal defence matters.