Advice please! Fare evasion court date/conviction

[stephaniepaige]

Hi all

In May of last year I was travelling between Newcastle-London on a split fare ticket. I had a valid Lomo ticket, but there were a lot of delays and issues so my train was late, another arrived in its place and I just jumped on it (after an hour of delays and I just didn’t think, I needed to be back in London on time for work). When the ticket inspector came I explained what had happened, it was a complete accident and due to issues at the station with delays I had boarded, hoping he would be lenient as I had a ticket I’d paid for and valid railcard - clearly I wasn’t just trying to evade paying, I bought my ticket a month in advance and getting onto the wrong train was an honest mistake.

He was not lenient - he asked me to buy a full price ticket which I refused, as I didn’t think it fair that I should pay double when it was the issue of the trains - it even said the train that I was supposed to get on on the departure board on the platform. I said I would get off at the next station which was York, he didn’t respond and asked my details for penalty fare notice I’m guessing. I was quite irritated and flashed him just my provisional license with an old address and thought no more of it. Fast forward to Feb this year, I received letters at my current address saying I’d been convicted of fare evasion at Doncaster court, I contacted and arranged a statutory declaration to say I’d only just become aware of this.

Did this at court a few weeks ago and now have another court date in July - I have no idea how to access any kind of legal advice/support, citizens advice are pointless and have spent numerous hours now this week trying to get through on the phone, waiting 30 mins to then have an automated message to say my call can’t be taken right now.

I’m panicking a bit as I’m going to uni to study a masters in art psychotherapy, I’ve had my clear DBS back but I’m worried if I get a conviction this will affect me getting future jobs. I just have no experience of dealing with anything like this, have had issues in the past with train delays etc and getting on the wrong train and usually they are really understanding, I guess I just got unlucky.

Any advice greatly appreciated!

 

[WesternLancer]

Hi all

In May of last year I was travelling between Newcastle-London on a split fare ticket. I had a valid Lomo ticket, but there were a lot of delays and issues so my train was late, another arrived in its place and I just jumped on it (after an hour of delays and I just didn’t think, I needed to be back in London on time for work). When the ticket inspector came I explained what had happened, it was a complete accident and due to issues at the station with delays I had boarded, hoping he would be lenient as I had a ticket I’d paid for and valid railcard - clearly I wasn’t just trying to evade paying, I bought my ticket a month in advance and getting onto the wrong train was an honest mistake.

He was not lenient - he asked me to buy a full price ticket which I refused, as I didn’t think it fair that I should pay double when it was the issue of the trains - it even said the train that I was supposed to get on on the departure board on the platform. I said I would get off at the next station which was York, he didn’t respond and asked my details for penalty fare notice I’m guessing. I was quite irritated and flashed him just my provisional license with an old address and thought no more of it. Fast forward to Feb this year, I received letters at my current address saying I’d been convicted of fare evasion at Doncaster court, I contacted and arranged a statutory declaration to say I’d only just become aware of this.

Did this at court a few weeks ago and now have another court date in July - I have no idea how to access any kind of legal advice/support, citizens advice are pointless and have spent numerous hours now this week trying to get through on the phone, waiting 30 mins to then have an automated message to say my call can’t be taken right now.

I’m panicking a bit as I’m going to uni to study a masters in art psychotherapy, I’ve had my clear DBS back but I’m worried if I get a conviction this will affect me getting future jobs. I just have no experience of dealing with anything like this, have had issues in the past with train delays etc and getting on the wrong train and usually they are really understanding, I guess I just got unlucky.

Any advice greatly appreciated!

I think the general advice given here is that you now need to use the window of time provided before the new court date (as a result of your Statutory Deceleration) to try and negotiate an out of court settlement with the railway company that took you to court. You have not stated who that is

As a starting point you should upload copies of all the relevant paperwork you have had concerning this case here with your personal details and ref numbers blanked out so that people can advise you on the options and the consequences of those options efg DBS etc too. You will likely get more expert advice on here than a CAB will be able to provide so with luck that will help.

When exactly is your court date in July? That is the deadline for you really so it would help to know.

By the way - a driving licence with an out of date address is some sort of separate offence so you would be best to get that updated with DVLA...

 

[island]

What precisely is the offence you have been charged with?

 

[stephaniepaige]

Hi sorry, thanks so much for your responses so far. I’ve attached all the correspondence that I have and charge sheet from LNER.

I think the general advice given here is that you now need to use the window of time provided before the new court date (as a result of your Statutory Deceleration) to try and negotiate an out of court settlement with the railway company that took you to court. You have not stated who that is

As a starting point you should upload copies of all the relevant paperwork you have had concerning this case here with your personal details and ref numbers blanked out so that people can advise you on the options and the consequences of those options efg DBS etc too. You will likely get more expert advice on here than a CAB will be able to provide so with luck that will help.

When exactly is your court date in July? That is the deadline for you really so it would help to know.

By the way - a driving licence with an out of date address is some sort of separate offence so you would be best to get that updated with DVLA...

The court date is July 3rd so I don’t have much time at all, I’ve just been panicking if I’m honest!

The driving license is a provisional that I basically just use as a form of ID, never used it to drive since I lived at that address and I was having lessons - will be updating it asap though!

 

[Haywain]

Unfortunately, you were correctly issued with an Unpaid Fares Notice for £29, and chose not to pay it. Had you done so that would have been the end of the matter. You are now in a situation where you are going to have to ask LNER if they will agree to settle the matter out of court after the statutory declaration (SD) has been heard. There is a good chance that they will settle but they will expect you to pay significantly more then £29 as they have incurred costs in taking the matter to court which they will not be able to recover otherwise. I would recommend drafting a letter to LNER advising them that you are submitting a SD and asking if they will agree to settle the matter out of court.

 

[Hadders]

As things stand the case will be reheard on 3rd July and based on the what you've told us you would be found guilty at this new hearing.

What you need to do is urgently contact LNER's Prosecutions Office, tell them what has happened, and ask if they will settle the case without going to court. If they agree to this (which they probably will) you will have to pay them some money - the outstanding rail fare plus their admin costs in dealing with the case. Crucially, if they agree to settle out of court you won't be convicted and have a criminal record.

When you speak to LNER you need to realise you aren't in a prticularly strong position - there is no right to an out of court settlement and LNER could decide to let the case proceed to court should they want to.

 

[WesternLancer]

Hi sorry, thanks so much for your responses so far. I’ve attached all the correspondence that I have and charge sheet from LNER.


The court date is July 3rd so I don’t have much time at all, I’ve just been panicking if I’m honest!

The driving license is a provisional that I basically just use as a form of ID, never used it to drive since I lived at that address and I was having lessons - will be updating it asap though!

Hi - thanks for posting - you need to follow @Hadders advice on post #6 ASAP (today if at all possible) to get the ball rolling and get the best outcome you can. You need to contact LNER's revenue protection / enforcement team (not the court) - do you have an e-mail or postal address for that team? - not just a generic customer service one (if postal address you could write and get it in guaranteed next day delivery via a post office either posted today or by mid morning Saturday to get it in the post.

It may be that if you can draft up what you want to say you can post the draft here and people can check it for you but essentially you need to
- apologise for what happened
- explain briefly that you were unaware it went to court but you have now submitted the Stat Dec
- ask them if they would kindly consider settling the matter without court action and be prepared to withdraw the court action if so
- offer to pay the fare owed and their expenses in dealing with the matter

Keep the letter to them brief.

If they agree to this you can then deal with the court to make sure the court knows the case has been withdrawn by LNER (but that is not today's urgent task)

If you have to stop whatever else you are doing to get this done it may prevent you getting a criminal conviction so I would say worth prioritising this now

 

[Hadders]

If you have to stop whatever else you are doing to get this done it may prevent you getting a criminal conviction so I would say worth prioritising this now

Absolutely this!

Contact details for Train Company Prosecution Offices are not routinely published so you are going to have to put in some leg work to get hold of them. We don't see many cases involving LNER but their revenue protection policy does give a postal address and email address:

Revenue protection policy

Get details of LNER's revenue protection policy.

www.lner.co.uk

London North Eastern Railway
Prosecutions Department
West Offices
Station Rise
York
YO1 6GA

Or email this to [email protected]

I suggest posting a draft of your letter in this thread so that we can proof read it.

 

[WesternLancer]

even if that e-mail works as helpfully posted I would be tempted to also print the e-mail out and hard copy post it to the postal address guaranteed next day delivery via a post office. Keep records of the mail tracking, keep copies of everything.

 

[Haywain]

Contact details for Train Company Prosecution Offices are not routinely published so you are going to have to put in some leg work to get hold of them.

The address is on both of the LNER headed documents that the OP has uploaded.

Or email this to [email protected]

Email address is [email protected]

 

[Hadders]

The address is on both of the LNER headed documents that the OP has uploaded.


Email address is [email protected]

In that case use this email address.

I also agree with sending a hard copy by Royal Mail Special Delivery.

 

[Pushpit]

The driving license is a provisional that I basically just use as a form of ID, never used it to drive since I lived at that address and I was having lessons - will be updating it asap though!

There's a £1,000 fine and criminal record that arises from that too. Now the risk of prosecution is low unless you show it to a police officer, but if you are in an accident - even if you were no way at fault and not driving - it's not unusual for the police to check everyone's driving licence status.

 

[stephaniepaige]

To whom it may concern

I’m writing to you today about a court matter that I’m hoping is able to be settled amicably outside of court.

I boarded a LNER train by accident on 5/5/23 - there were delays at the station and I became confused about which train I was supposed to travel on. I had a valid ticket for a Lomo train but when asked to pay an extra fee I wasn’t able to, so I gave my provisional license with my details for an unpaid fare - I then moved out of this address and subsequently only found out that I had been charged with fare evasion on February of this year.

I have done all of the required steps up to now - I went to court and did a statutory declaration and now have a new court date on 3/7/24.

I am asking kindly if this could be settled outside of court - I of course will pay the original fare and any other incurred costs. I can only apologise for what has happened, I made a mistake which will never again be repeated - I always make sure I have the correct ticket when travelling but this was a lapse mistake.

Thank you for your time.

Absolutely this!

Contact details for Train Company Prosecution Offices are not routinely published so you are going to have to put in some leg work to get hold of them. We don't see many cases involving LNER but their revenue protection policy does give a postal address and email address:

Revenue protection policy

Get details of LNER's revenue protection policy.

www.lner.co.uk

London North Eastern Railway
Prosecutions Department
West Offices
Station Rise
York
YO1 6GA

Or email this to [email protected]

I suggest posting a draft of your letter in this thread so that we can proof read it.

Thanks very much, have posted above on the thread

 

[John R]

You weren’t able to pay, or refused to pay? We encourage people not to tell lies in their statements, (especially as in this case it may not match the statement of the person who dealt with you).

 

[WesternLancer]

To whom it may concern

I’m writing to you today about a court matter that I’m hoping is able to be settled amicably outside of court.

I boarded a LNER train by accident on 5/5/23 - there were delays at the station and I became confused about which train I was supposed to travel on. I had a valid ticket for a Lomo train but when asked to pay an extra fee I wasn’t able to, so I gave my provisional license with my details for an unpaid fare - I then moved out of this address and subsequently only found out that I had been charged with fare evasion on February of this year.

I have done all of the required steps up to now - I went to court and did a statutory declaration and now have a new court date on 3/7/24.

I am asking kindly if this could be settled outside of court - I of course will pay the original fare and any other incurred costs. I can only apologise for what has happened, I made a mistake which will never again be repeated - I always make sure I have the correct ticket when travelling but this was a lapse mistake.

Thank you for your time.


Thanks very much, have posted above on the thread

Some suggested amends below - hope they are clear - strikethrough for deletions italics for things you could add in



To whom it may concern
Dear Sir / Madam

I’m writing to you today about a court matter that I’m hoping is able to be settled amicably outside of court.

I boarded a LNER train by accident on 5/5/23 - there were delays at the station and I became confused about which train I was supposed to travel on. I had a valid ticket for a Lumo operated Lomo train but when asked to pay an extra fee I wasn’t able to, so I gave my provisional license with my details for an unpaid fare - I then moved out of that this address and subsequently only found out that I had been charged with fare evasion on February of this year.

My current correct address is: XXXXXXX

I have done all of the required steps up to now - As I was completely unaware of the court action taken I went to court and did a Statutory Declaration and now have a new court date on 3/7/24.

I am asking kindly if this could be settled outside of court - I will of course will pay the original fare and any other incurred costs. I can only apologise for what has happened, I made a mistake which will never again be repeated - I always make sure I have the correct ticket when travelling but this was a lapse mistake on this occasion.

Thank you for your time.

Yours faithfully

 

[furlong]

The full details of the journey - all tickets (types, prices) and services involved (dates and times) - and lengths of delays - are crucial here. Can you provide them?
The first question to resolve is whether or not LNER had any obligation, at whatever level, to carry you without further payment. A second question would be whether there were any breaches of contract involved. E.g. was the £29 due but reclaimable from another party?

 

[WesternLancer]

The full details of the journey - all tickets (types, prices) and services involved (dates and times) - and lengths of delays - are crucial here. Can you provide them?
The first question to resolve is whether or not LNER had any obligation, at whatever level, to carry you without further payment. A second question would be whether there were any breaches of contract involved. E.g. was the £29 due but reclaimable from another party?

I juts fear the OP may have missed the boat somewhat on the time to get into that now?

 

[gray1404]

I sincerely hope that the train company respond positively to you and agree to an Out Of Court Settlement. If they do this this is also important to make them confirm that they have withdrawn the case from the Court. I personally would also contact the Court Clerk and advise of any out of court settlement.

Even if they do not agree to such a Settlement and you end up going to Court make sure you get there early and ask the Court to point out who the Prosecutor is for LNER. You can then approach them and ask them if they will agree to an Out Of Court Settlement there and then. In which case they will then withdrawal the case before it is called. We have actually heard of this happening on a number of occasions on this forum so please, get there early and try!

 

[30907]

Some suggested amends below - hope they are clear - strikethrough for deletions italics for things you could add in


I boarded a LNER train by accident on 5/5/23 - there were delays at the station and I became confused about which train I was supposed to travel on. I had a valid ticket for a Lumo operated Lomo train but when asked to pay an extra fee I wasn’t able to, so I gave my provisional license with my details for an unpaid fare - I then moved out of that this address and subsequently only found out that I had been charged with fare evasion on February of this year

see post #14 which queries whether this is true.

 

[WesternLancer]

see post #14 which queries whether this is true.

OP can amend their wording or edit it to avoid the issue / stating their reason not to pay at the time directly if they wish.

Key thing is it gets in the post before next day delivery items are collected Saturday so I’d be getting to the local post office by 10am ish Saturday

 

[Haywain]

Trying to excuse what happened now is far too late. At this stage LNER can either settle or let the matter go back to the court for the OP to be found guilty, again.

 

[AlterEgo]

when asked to pay an extra fee I wasn’t able to

That isn't true, as you point out in your opening post - you were irritated and refused to pay.

Do not tell lies to the company who are prosecuting you. This is a public forum - they can read it!

 

[stephaniepaige]

That isn't true, as you point out in your opening post - you were irritated and refused to pay.

Do not tell lies to the company who are prosecuting you. This is a public forum - they can read it!

Thanks - I have changed it to say that I said I was unable to pay as I felt it unfair that I already had a ticket, I had just made an honest mistake by boarding the wrong train.

In that case use this email address.

I also agree with sending a hard copy by Royal Mail Special Delivery.

This email address doesn’t work just be aware when giving out - mail returns to inbox.

The appeals one works fine - no reply as yet, sent out hard copy this morning.

Thanks for the advice everyone, it’s much appreciated.

If they do refuse the out of court settlement, can anyone guide me my next best steps?

I have no idea how to access legal advice, that’s why I was contacting citizens advice in the hope that I could be signposted but still unable to get in contact.

 

[Haywain]

This email address doesn’t work just be aware when giving out - mail returns to inbox.

Which one - [email protected]?

I have no idea how to access legal advice,

If you are a member of a trade union, they usually have a legal advice helpline. If not, most household insurance policies will have a similar option.

 

[island]

Thanks - I have changed it to say that I said I was unable to pay as I felt it unfair that I already had a ticket, I had just made an honest mistake by boarding the wrong train.

That would be a lie. Lying to a company who is considering prosecuting you in criminal court is making a bad situation worse. You had paid nothing to LNER for your journey – LNER gets nothing for Lumo tickets.

 

[stephaniepaige]

Which one - [email protected]?


If you are a member of a trade union, they usually have a legal advice helpline. If not, most household insurance policies will have a similar option.

Yes that email doesn’t work. Thanks!

 

[stephaniepaige]

That would be a lie. Lying to a company who is considering prosecuting you in criminal court is making a bad situation worse. You had paid nothing to LNER for your journey – LNER gets nothing for Lumo tickets.

Ok thanks, I had made a mistake by boarding the wrong train though - I did not premeditate to travel without a ticket. I understand of course that LNER gets nothing. I’m not looking to lie or evade the truth.

Appreciate your feedback, thank you

 

[Haywain]

Ok thanks, I had made a mistake by boarding the wrong train though - I did not premeditate to travel without a ticket. I understand of course that LNER gets nothing. I’m not looking to lie or evade the truth.

Appreciate your feedback, thank you

As far as the letter you are sending is concerned the reason the UFN was issued is not important. What is more important is to explain that you moved, which is why things got to this stage

 

[stephaniepaige]

Thanks all for your great advice - had an email today confirming an out of court settlement, which is thankfully a reasonable amount!

Your help is much appreciated, I was so stressed about the situation and wouldn’t have known how to resolve it without the advice I received here!

 

[John R]

That’s great to hear. Thank you for letting us know that you’ve managed to get this settled for a reasonable figure.