Hi I got caught using a child ticket at 17 on gwr, I lied about my age initially to the inspector as I panicked when he asked but I later gave correct details. I was given a note saying I had been reported for prosecution and now I am really worried as I am going to uni soon. If anyone knows what will happen now I would appreciate any advice as I am terrified. I know I made a stupid decision so no need to tell me thanks for any help.
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GWR reported for prosecution
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WesternLancer
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This thread will give you an idea on how to respond when they contact you, which you need to wait for them to do. Have a read of the relevant ones:
Please help me
Earlier today in the morning I had bought a child eticket to use from Bath spa to Swindon rail station, yet I am 18 years of age. I know that is a form of ticket evasion, but as it’s the first time I got caught, I don’t know what will happen, I’m worried it may spiral into a legal court case. I...
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Welcome to the forum.
You are likely to receive a letter from the train company (or an investigation company acting on their behalf) which will probably take a few weeks to arrive saying that they have received a report, are considering prosecuting you and asking for your version of events. It is important that you engage with and reply to this letter. You might want to include the following in your reply:
- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter
Make sure your reply is short and concise, don't give a sob story - they've heard it all before. Most train companies are usually prepared to offer an administrative settlement (commonly known as an out of court settlement) to people who engage with the process and who haven't come to their attention before. There is no guarantee of this, and the train company is within their rights to prosecute you in the magistrates court, however harsh this may seem.
If you are offered a settlement the amount varies depending on the train company and circumstances but tend to be around a hundred pounds plus the outstanding fare. An out of court settlement might appear to be a fine, but it isn't and you won't have a criminal record as a result of accepting one.
You are likely to receive a letter from the train company (or an investigation company acting on their behalf) which will probably take a few weeks to arrive saying that they have received a report, are considering prosecuting you and asking for your version of events. It is important that you engage with and reply to this letter. You might want to include the following in your reply:
- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter
Make sure your reply is short and concise, don't give a sob story - they've heard it all before. Most train companies are usually prepared to offer an administrative settlement (commonly known as an out of court settlement) to people who engage with the process and who haven't come to their attention before. There is no guarantee of this, and the train company is within their rights to prosecute you in the magistrates court, however harsh this may seem.
If you are offered a settlement the amount varies depending on the train company and circumstances but tend to be around a hundred pounds plus the outstanding fare. An out of court settlement might appear to be a fine, but it isn't and you won't have a criminal record as a result of accepting one.
WesternLancer
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oh, and one other bit of advice of potential use is for you to get one of the Railcards aimed at young people over 16.
Also - assume you gave them your correct name and address to write to you about this - as if not it will cause probs for you as it will likely end up in court without you knowing and take a lot more to untangle. Good chance that GWR will settle without court if you engage with them as per @Hadders sound advice.
It could take a while for you to hear. If you are going to University in sept / oct I presume you will have someone at the address you gave to monitor your post (it may take in theory up to 6 months before you hear from them), if not you will need to pay Royal Mail to redirect any post to you. Chances are you will hear much sooner than that however and be able to deal with it before too long.
You can get more helpful advice from this forum as the process goes forward. You will also need to budget for the payment you will need to make to resolve this. Other examples are on the thread but that may be in region of eg £200.
Your key objective is to try and seek a settlement that means you do not get taken to court and receive a criminal record - which is not really what you want in life and especially not at your age with uni and the future stretching out ahead of you.
But also try not to worry too much as there are ways to resolve this all being well.
Good luck as I am sure you have already learned from the mistake you made.
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Thank you very much for your advice, I’m not worried about any money I have to pay it’s just whether I get a criminal record which would affect my career and other things but hopefully I can settle out of court, I’m just extremely worried I won’t be able to
WesternLancer
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I'm afraid you just have to wait and see now. It's a bit too late to worry about it really. But the other thread i linked to has links to GWRs policy which indicates they seek to resolve matters. But, sadly, as you know now of course, using a ticket to which you are not entitled to (a child ticket) is a criminal offence, and that goes with the risk of court action. If you have never done this before (or never been caught before at least), I think there is a good chance that if you engage with them, apologise etc as detailed above, you will not end up in court.
I think that depends on your chosen career choice really. Other threads on here have covered that if you look about. Probably best not to spend too much time on that issue now. It's not necessary in my view, and it will increase costs to you, but you could enlist the help of a solicitor over this if you felt unable to tackle it yourself. However, at this stage I would think the advice on here is enough for you to deal with it ie do the sort of letter Hadders suggests in post #3.
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Tazi Hupefi
Member
If you're 17, you're more than likely going to get a bill through the post for £100-£200 to settle "out of court". Probably worth telling your parent or guardian if they're around. However, giving a fake age (and possibly other fake details reading between the lines) may be a factor that goes against you, but I don't think it's the end of the world.
If it goes to court, it will go to the less formal Youth Court, where you may be fined around the same amount, plus costs and fees, so you'll end up paying about £300-£400 if you pleaded guilty. You'd probably get a recordable criminal record from what you've put, but it doesn't need to get this far.
As long as you haven't been buying child electronic tickets with barcodes or these discounted tickets online since you were 16, you will almost certainly get an out of court settlement, so no court action at all. If it's just a one off, you'll be fine. If you've been doing this for a while, and using a mobile app, it might make it a lot harder for you to settle out of court, as they can and probably will examine your previous purchases.
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If it goes to court, it will go to the less formal Youth Court, where you may be fined around the same amount, plus costs and fees, so you'll end up paying about £300-£400 if you pleaded guilty. You'd probably get a recordable criminal record from what you've put, but it doesn't need to get this far.
As long as you haven't been buying child electronic tickets with barcodes or these discounted tickets online since you were 16, you will almost certainly get an out of court settlement, so no court action at all. If it's just a one off, you'll be fine. If you've been doing this for a while, and using a mobile app, it might make it a lot harder for you to settle out of court, as they can and probably will examine your previous purchases.
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If I turn 18 before it goes to court or in a few weeks before this comes through do you think this would change the outcome/chance of settlement and would this mean I get the criminal record as an adult or a child and what court would it be, thanks for the help
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Tazi Hupefi
Member
You're very unlikely to go to court unless you're not telling us the whole story - like you've done this lots of times before or some other circumstances that make it more serious. If it's a one off, I wouldn't worry.
This is a good resource, (see Further Education section)
Youth Justice Part One: Criminalising kids - a guide to the Rehabilitation of Offenders Act for young people | Criminal Law Blog | Kingsley Napley | Independent Law Firm of the Year 2022
When it Matters Most.
The list of jobs/careers where it may be disclosed even in the future is here:
The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
This Order makes exceptions in the operation of the Rehabilitation of Offenders Act 1974 which comes into force on 1st July 1975. The provisions of the Act affected are section 4(1) which relates to the way in which offenders whose convictions have become spent are to be treated and evidence...
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Thank you very much for your helpYou're very unlikely to go to court unless you're not telling us the whole story - like you've done this lots of times before or some other circumstances that make it more serious. If it's a one off, I wouldn't worry.
This is a good resource, (see Further Education section)
Youth Justice Part One: Criminalising kids - a guide to the Rehabilitation of Offenders Act for young people | Criminal Law Blog | Kingsley Napley | Independent Law Firm of the Year 2022
When it Matters Most.www.kingsleynapley.co.uk
The list of jobs/careers where it may be disclosed even in the future is here:
The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
This Order makes exceptions in the operation of the Rehabilitation of Offenders Act 1974 which comes into force on 1st July 1975. The provisions of the Act affected are section 4(1) which relates to the way in which offenders whose convictions have become spent are to be treated and evidence...www.legislation.gov.uk
Have you got a letter from GWR yet?Thank you very much for your help
If you have your own issue it's best to start your own thread with details to get the best advice for your situation.
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