Court summons for season ticket holder

[Forgetful]

Hi,

 

I'm sure you helpful people must get bored of these but I would appreciate any opinions.

 

I have an annual season ticket which I left at home one day on my way to work.

 

 

I got to City Thameslink where I explained this to the staff member at the barriers.

He made a phone call to confirm that I held a ticket and then let me through after filling in a form

and giving me a small slip of paper to show he had done so.

He stated that I would be contacted if they needed anything further.

 

A few weeks later I received a letter asking for proof that I hold a ticket.

I posted a photocopy of my season ticket and rail card along with a letter of explanation and thought that was the end of it.

 

However I have now received a summons to court under bye law 18(2) claiming £17.30 rail fare and £120 costs.

 

I understand that as I did not have my ticket with me then I am at fault.

However I have never been given the opportunity to pay a fine and will now presumably have a criminal record.

 

I work in an industry that takes an extremely dim view of any criminal record and I could be at risk of losing my job.

This seems completely disproportionate for a simple mistake.

 

I have tried contacting the prosecution office by phone and email but get no response.

 

Do I have any options or is this just the way it is?

 

Thanks in advance

 

Forgetful

[honeybee13]

Hello and welcome to CAG.

 

Leaving out any personal details, does the summons say anything else apart from that it's uner Byelaw 18(2) please?

 

And have you had any other correspondence apart from the letter asking for your side of events?

 

My best, HB

[Forgetful]

Hi HB,

 

Thanks for your response.

 

The charge is 'failing to hand over a rail ticket for inspection', which is unfortunately true as I didn't have it with me.

 

As for correspondence, no nothing other than the one letter stating that they haven't been able to find proof that I had a valid ticket and asking for a copy to be sent.

[Forgetful]

Sorry, additional info.

 

It has a statement of facts saying (paraphrased):

 

I arrived at CTK and could not show a valid ticket. I stated that I had left my ticket at home and signed the inspectors notes and was told it would be reported. The Fare is 17.30 and that is being claimed as well as 120 towards costs.

[honeybee13]

Thank you for the extra information.

 

I'm not a rail expert, but it might help us to advise you if you tell us about what happened before you got to CTK and were found not to have a ticket. How did you get onto the train with no ticket please?

 

HB

[Forgetful]

Hi HB,

 

It was a simple enough oversight, I always keep my ticket in a particular coat and picked that up as I ran out the door to catch my train. However I forgot that I had emptied the pockets the evening before as the coat had got wet and I hadn't yet put things back.

 

There are no barriers at the station I travel from so there is never a need to use my ticket until I get to London, so I didn't realise until I arrived.

[firstclassx]

Did you send your copy of the season ticket using recorded or special delivery?

 

If not, I wouldn't be 100% sure that they have actually received it.

 

Difficulty is without you obtaining proof of postage, the prosecutor may assume that you've just tried to ignore the matter.

 

You should send another letter (Special Delivery, make sure it gets there next day for definite), with a letter explaining that you have previously produced a copy of your season ticket, but it may have been lost in the post. You should obviously provide another copy of the season ticket (valid on the date concerned). You may also wish to offer to pay any administrative fees they may have incurred.

 

If that doesn't work, then unfortunately, you are guilty of the Byelaw offence, but you can provide mitigation in court that you did actually hold a valid ticket at the time. Won't prevent a conviction, but the penalty may not be as harsh.

 

 

(This assumes that you did actually provide evidence the first time, and the ticket was 1) In date and valid for your journey, 2) Belonged to you, 3) Was the first occasion you've forgotten your ticket.)

 

A Byelaw conviction doesn't necessarily lead to a criminal record, but if you are working in a regulated industry, (NHS/Care, Policing/Security, Legal/Judicial, Teaching etc), then it may appear on an "Enhanced" disclosure, which it appears you are subject to.

 

That said, the Solicitors Regulation Authority which disciplines members of their profession in such matters haven't actually barred anybody for offences similar to this, and in fact, solicitors have been convicted for INTENTIONAL fare evasion (Regulation of Railways Act) and still kept their job. The disciplinary minutes all suggest that being completely honest and open with your employer and regulator is essential.

[Forgetful]

Thanks Fcx,

 

I'll certainly try that as my letter was just standard 1st class (which in retrospect was a mistake).

 

I must admit it's quite annoying when I read other cases on here of people deliberately avoiding fares and getting minor fines, whereas I forget a ticket that I pay approx 4k a year for and get taken to court.

[firstclassx]

Thanks Fcx,

 

I'll certainly try that as my letter was just standard 1st class (which in retrospect was a mistake).

 

I must admit it's quite annoying when I read other cases on here of people deliberately avoiding fares and getting minor fines, whereas I forget a ticket that I pay approx 4k a year for and get taken to court.

 

Again, probably because they haven't received your letter! If they had, it wouldn't have likely gotten to this stage.

[Old-CodJA]

I got to City Thameslink where I explained this to the staff member at the barriers.

He made a phone call to confirm that I held a ticket and then let me through after filling in a form

and giving me a small slip of paper to show he had done so.

 

Do you still have that 'small slip of paper'?

 

If the inspector confirmed that you held a valid season ticket covering you for the journey that you were making and handed you a slip of paper confirming that fact and allowing you to travel, then no offence has been committed.

 

You may need that little slip of paper to prove your point, but I would write to the TOC immediately, giving that explanation.