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*Pugsley*
Beginner March 2014

Court summons for dodging train fare

*Pugsley*, 27 October, 2014 at 13:12 Posted on Off Topic Posts 0 9

Hey Hitchers,

Stupid Husband jumped on a train a couple of months ago without realising he had run out of carnet tickets (the entrance he used doesn't have a turnstyle). When he got to London Kings Cross he wrote the date on an old ticket which he had already used in a bit of a panic when he realised he didn't have a new ticket. Cue him getting stopped by someone and getting a telling off (rightly so). He offered to pay an on the spot fine as he knew and admitted he was in the wrong but they wouldn't accept it.

He received a letter in the post asking him for his version of events, which he gave. He has received another letter in the post today explaining he is going to be taken to court over deliberately trying to evade paying.

Has anyone been to court over something like this? We don't know what to expect or how to prepare for it. He faces a fine based on his earnings and a criminal record for a stupid mistake which is worrying me. He's never done it before and I'm sure he'll never be so stupid again.

Btw, I'm not disputing the fact he was in the wrong, he should have checked his tickets before he got on the train and with carnets you're meant to write the date on before you travel so he definitely broke the rules. I'm just looking for a bit of advice on what to do now or what people think is the best approach?

I could murder him sometimes! Argh.

9 replies

Latest activity by Peter, 28 October, 2014 at 23:07
  • halloweeny
    Beginner October 2013
    halloweeny ·
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    Oh dear! I think the problem is that he tried to change the date on the ticket. if he'd just admitted that he didn't pay the fare they would have let him pay the fine on the spot.

    A former colleague of mine did something like this and apparently got convicted of fraud. I think she tried to dispute it and made big fuss about things so that may have made it worse.

    I think the best thing he can do is hold his hands up and say that he did something really stupid by changing the date and knows it was very, very wrong.

    Stress that he has never done something like this before and certainly won't do it again.

    Sorry that's not very encouraging. I hope it all works out for him.

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  • kharv
    Beginner March 2012
    kharv ·
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    Bloody hell, that seems excessive! What a worry, Pugsley!

    I would call a solicitor. Most do a free half hour consultation so you should be able to see where you stand.

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  • *Pugsley*
    Beginner March 2014
    *Pugsley* ·
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    Thanks guys.

    Yes, he's fully held his hands up to it, apologised profusely and has even gone so far as to stop buying those tickets so he can't make the mistake again (which costs him more in time and money) as he has to physically queue up each morning for a ticket.

    I think a solicitor might be a good idea, thanks Kharv. I'm really worried about him landing a 1k or 2k fine as I think that's the max they offer. Not impressed with the criminal conviction either to be honest.

    I just wish he hadn't panic written a date over the top as he definitely would have been in a better position if he hadn't. Oh poobum!

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  • *J9*
    VIP March 2014
    *J9* ·
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    No advice as I'd never even heard of that type of ticket until I read this! Just wanted to say I hope you guys manage to get it sorted without a hefty fine and conviction.

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  • *Funky*
    Beginner January 2001
    *Funky* ·
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    Yea this seems a bit OTT and I imagine the court will probably share the same view. In my experience the courts generally prefer you to exhaust other enforcement avenues first (which in this case surely a fixed penalty notice would be more appropriate)

    I doubt any fine issued would be too excessive although if the train company they are awarded costs these sometimes can be quite high but the courts generally don't make a habit of putting people into financial hardship.

    It seems like your hubby has cooperated throughout the investigation and admitted he was at fault from the outset which will also work in his favour.

    I don't necessarily feel you would need to fork out on a solicitor to represent hubby in court as this would be quite a straight forward case but it may be worth going to CAB to get some independent advice to prepare you.

    You could also visit your local magistrates court and sit in the public gallery to get an idea of how things run.

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  • *Pugsley*
    Beginner March 2014
    *Pugsley* ·
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    Spoke to the prat just now and he's said he's going to give a solicitor which offers a free 30min consultation a call so see whether there is anything we can do.

    Ideally we won't need to fork out for one but if we think it really would be worth it then we will.... anything to avoid a criminal conviction as it'll make it hard for him to enter the US which he has to do for work and also my bro lives there. I'd like to avoid spending a lot on something like that though as he'll almost definitely face a fine as it is and whilst we aren't hard up, the money could be better spent elsewhere rather than on a stupid mistake.

    I've been to court before when someone smashed in to my car and then said it was my fault (I won). I'm hoping it'll be like this ie, just a room with us sitting round a table but as there could be a criminal conviction involved I doubt it. I might go to a public gallery to prepare myself, thanks for the advice and good idea Funky.

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  • HelenSomerset
    Beginner September 2014
    HelenSomerset ·
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    Hope your other half manages to get the information he needs from the solicitor. I am a solicitor, although not a criminal one, so not much help. I think I am right in saying that there is a Duty Solicitor generally available at Magistrates Courts that people can consult if you turn up without a solicitor on the day of the hearing. If your other half decides not to instruct the solicitor he is having a consultation with due to cost, could be worthwhile seeking out the Duty Solicitor on the day for a bit of support.

    Hope this helps and good luck. I am sure he isn't the first to do something wrong in a panic and he won't be the last.

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  • *Pugsley*
    Beginner March 2014
    *Pugsley* ·
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    Thanks Helen. I didn't know about the duty solicitor.

    I think he's kicking himself and punishing himself more than any other train company could right now. It's the fact he hadn't ever done it before & it was seriously bad luck that he'd run out of tickets as he's usually good at stocking up. Silly boy.

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  • Cat In A Teacup
    Beginner August 2015
    Cat In A Teacup ·
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    I had this a few years back. I wrote them a letter explaining (I thought I had my purse but didn't) and offered to pay the fine, cost of the ticket and any administration costs that my rule breaking may have caused. It never went to court in the end but I was being threatened with a £1000 fine or 3 months in jail.

    I can't type long replies on this stupid wine soaked laptop but feel free to pm me if I can help any further. I was being charged with the same thing as I 'never intended to pay as I did not have any means to do so', even though a friend was going to meet me at the station with cash. It was a really stressful few months but it was all good in the end.

    Fingers crossed it gets sorted outside of court.

    ETA: I wrote said letter on the advice of CAB, who said they usually prefer to settle out of court.

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  • Peter
    Peter ·
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    Slightly off thread although still relevant.......If your ticket machine isn't working, it usually has a yellow flashing light. Our local machine is often broken and the ticket office lady advised me to always get a short video on your phone showing this whenever the ticket office is closed......This is accepted proof to any inspector on the train or when you arrive at your destination.

    Likewise, if the machine keeps spitting out your £10 note, video this as well...

    As said, it doesn't help in this case although might be useful to others..........

    Peter

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