Facing Prison due to Out of Date Railcard

[sktrvlr343]

I was travelling on a CrossCountry train using a ticket I had paid for with my 16-25 Young Persons Railcard. The ticket I had purchased had 30% off due to the Railcard discount. I had not noticed my Railcard had expired a few days before my journey. I was therefore not entitled to the 30% discount and my ticket was not valid. It was an honest mistake. I was apologetic and cooperative with the ticket inspector but instead of being asked to buy another ticket, my details were taken, I was issued with a Zero-Fair ticket and I was told to await a letter in the post. For 3 months I hadn't received any letters or fines in the post. I thought the incident was so minor it had been forgotten about. I then receive a letter claiming I made an attempt to avoid a liability, leaving the inspector no alternative but to report the incident. Had I been given the option to buy another ticket, I would have. I have never had any issues when travelling on trains in the past, this is the first time something like this has happened. I am willing to pay any fine or penalty fair they give me but this has not been mentioned in any letters. Instead I am told I am facing a Magistrates Court Hearing and a conviction resulting in a fine or a term of imprisonment. I just want to resolve this issue quickly and pay the fine. Is it possible to do this without having to attend Court and face criminal charges?

 

[Haywain]

First things first - you are NOT going to prison. Unless you have a long record of fare evasion and have also been abusive and violent, the worst case scenario is a fine (in the three figure range) and costs, plus a criminal record. However, resolving the issue without going to court happens in many cases.

The best approach is to write back to the train company apologising for your error, making clear that you will ensure you do not make such a mistake in future and offering to pay the fare due and any costs they have incurred. It is regularly reported in threads here that the companies involved settle for amounts from £80 upwards, plus the fare due.

 

[Clip]

The best approach is to write back to the train company apologising for your error, making clear that you will ensure you do not make such a mistake in future and offering to pay the fare due and any costs they have incurred. It is regularly reported in threads here that the companies involved settle for amounts from £80 upwards, plus the fare due.

This is the best advice but also do not worry - causing yourself extra stress over this is not worth it

 

[sktrvlr343]

Thank you for your responses. Is it possible to avoid the criminal record? I am currently a university student and cannot have any criminal convictions affect my education or career.

 

[island]

You do not get that choice. That is up to CrossCountry.

However, it is unlikely that a minor conviction for fare evasion would affect your career or education, assuming you declared it promptly.

 

[Haywain]

Is it possible to avoid the criminal record? I am currently a university student and cannot have any criminal convictions affect my education or career.

An out of court settlement, as discussed earlier, would obviously avoid a criminal record. If it goes to court it could be prosecuted under the railway byelaws or the Regulation of Railways Act, and only the latter carries a criminal record. But as stated by island above, a criminal record for this type of offence is not likely to harm your career prospects if you declare it when asked. It would actually be more harmful to withhold such information.

 

[ainsworth74]

Thank you for your responses. Is it possible to avoid the criminal record?

Yes if you can agree an amount for an out of court settlement that would see the matter dealt with without a criminal record. @Haywain has given you good advice in their final paragraph. Write back to them, apologise, explain that you realise you've made a serious mistake and it is one you won't make again and offer to pay the fare due and any costs they've incurred. They are then likely to reply with a settlement figure.

 

[Fawkes Cat]

Haywain's advice is by far the best thing to do: write, courteously and briefly, apologising for your mistake and offering to pay both the fare that you should have paid, and the costs that the railway has incurred in looking at this matter. And (obviously) if the railway does agree to settle like this, make the payment!

As Haywain has also said, if the railway does take you to court, you won't go to prison, but you may get a criminal record. In general, a criminal record for not paying a train fare is nothing to worry about: if at any time you need to declare criminal convictions (maybe for a job or because you are volunteering to work with children or other vulnerable people) you will have to admit to it - but most organisations recognise that people make mistakes and forgive them. Where organisations do have a problem is with people who try to hide their mistakes - because that's (a) dishonest and (b) at the time of when you are asked. So yes, a criminal conviction is embarrassing - but the best option is to accept the embarrassment.

If this is worrying you a lot (is it making it hard for you to sleep? Are you unable to concentrate on other issues) your university probably has a welfare service that you can talk to - maybe in the Students' Union or accessed through 'student support' or similar. They may be good people to talk to.

 

[najaB]

In general, a criminal record for not paying a train fare is nothing to worry about: if at any time you need to declare criminal convictions (maybe for a job or because you are volunteering to work with children or other vulnerable people) you will have to admit to it - but most organisations recognise that people make mistakes and forgive them.

Also, a first conviction for a Regulation of Railways Act offence would be considered spent after 12 months and would not subsequently show up on a normal records search.

 

[Surreytraveller]

Also, a first conviction for a Regulation of Railways Act offence would be considered spent after 12 months and would not subsequently show up on a normal records search.

But it will show up on an enhanced search.