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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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My son travelled with my weekly train pass and got stopped

Customer Question

My son travelled with my weekly train pass and got stopped by inspectors. He now has a court summons. He will plead guilty. Will he require a solicitor in court to help his case?
I'm not sure if the expense of a solicitor will help his case as costs might out way the fine he will receive.
He was stopped as I child before without a ticket and admitted it to the inspector when asked, so I believe they are seeing it as a second offence. The ticket price was for £7.50 and to have a record for fraud seems a bit extreme. I wrote a letter to Anglia transport explaining it was a genuine mistake thinking he was going to be fined so it has come as a bit of a shock to us all.
I'm looking for advise to tackle this problem as I feel responsible as I was a wear he had the ticket
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Did he admit to the Inspectors he knew it wasnt his ticket?
Customer: replied 3 years ago.

Yes, he said it was his farthers

Customer: replied 3 years ago.

Yes, he said it was his farthers


Expert:  Jo C. replied 3 years ago.
Thanks.

Does he have any previous?

I'm just going to be offline for 30 mins while I travel to court so don't panic if I don't come back immediately. I will respond this morning.
Customer: replied 3 years ago.

No. His been fined but not been to court.

Your first question. At first he said it was his ticket, but then admitted it was mine after further questioning
Expert:  Jo C. replied 3 years ago.
Thanks.

Was the fine for a similar offence?
Customer: replied 3 years ago.
He had no ticket and was fined twenty pounds. He also got stopped when he was 17 or 18 but he got let off due to his circumstance's of his explanation.
Expert:  Jo C. replied 3 years ago.
Thats a shame. They are not likely to offer an internal fine because if that previous matter unfortunately.

You can always offer an out of court settlement. I have to say that I cannot see on what basis they think they are entitled to accept the offers but I know that they are so its worth an offer.

Equally you can attend court and contest the case. However you should bear in mind that they are probably relying on regulation 18 of the railway bye laws which requires only that they show that he didn't have the correct fare or ticket for the journey. Unfortunately there is no defence to that particular regulation in saying that it was an honest mistake.

If they are relying on the offence of fare evasion then it would be a defence to show it was an honest mistake.

Can I clarify anything for you?

Jo

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