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Fines v Settlements

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Fawkes Cat

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Starting a new thread so that discussion doesn't get mixed up with the advice at https://www.railforums.co.uk/threads/fare-evasion-my-silly-mistake.169470/:

3) Going to court and pleading guilty, however, will be even more expensive. You have admitted the facts so I assume you will plead guilty. That means (as with agreeing an out of court settlement) paying the fare and the other side's costs. It also means paying a fine and court costs.

Not necessarily - all fines are income related and with an early guilty plea it's likely to be 33% of weekly salary + costs + victim surcharge.

NB - costs aside, an out of court settlement is normally a better option, as it leaves your formal record squeaky clean.

I think we're agreed that in practice an out of court settlement will be the better option at least most of the time - if nothing else for avoiding any criminal record. But as far as I can see the out of court settlement will invariably be the better deal. A conviction will include the fare: so will an out of court settlement. A conviction will include costs: so will an out of court settlement. A conviction will also include court fees and a fine: an out of court settlement won't.

If there's a way for the conviction to be better financial value, please can someone explain it to me, because I'm failing to see it.
 
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Starmill

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Isn't it obvious? The train company might only be open to negotiate a very large settlement...

It's unlikely, but not unheard of for there to be some very large settlements.
 

najaB

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If there's a way for the conviction to be better financial value, please can someone explain it to me, because I'm failing to see it.
Court fines are based on income and restricted to a maximum amount. Settlements are neither.
 

Puffing Devil

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There is an online fines calculator, so it's easy to play around with the numbers: https://www.sentencingcouncil.org.uk/fine-calculator/

Quick example, for someone on benefits the assumed income is £120, for a £10 fare and prosecution costs of £150, you'd be looking at a total penalty of £230. (This assumes a band A fine, which is usual for a small scale first offence). As you'll see, the financial penalty (fine) is only a small part of the total.

It comes down to how important a clean record is to you and if you can pay up immediately for a settlement. Courts will accept a payment plan, very unlikely for settlements. You can also challenge costs in court, not possible with a settlement. If you're lucky, a sympathetic magistrate may also ask questions about costs.

TOCs like settlements as they get all of the cash - going to court they only get their costs and the unpaid fare. A settlement can be more profitable for them than a court appearance.
 

NoOnesFool

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Court fines are based on income and restricted to a maximum amount. Settlements are neither.
But for many offenders, are the preferable option, as it would mean no criminal record (assuming it's not a byelaw prosecution proposed).
 

philthetube

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A fine would be available to pay weekly, quite possible this wouldn't be accepted for a settlement.
 
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