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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I missed my last train home on evening. I caught the next train

Resolved Question:

I missed my last train home on evening. I caught the next train in morning but my ticket was for the previous day. I being prosecuted under bylaw 18(1). It was genuine error but I did not have a valid ticket for the day (i am usually a monthly ticket holder). If I plead guilty will I get a criminal record?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Yes.
Alex Watts : You should try and do a deal with the train company to stop this matter going to court.
Alex Watts : Usually you are offered a fixed penalty and if you do not pay that, or you have been caught before, would you be prosecuted.
Alex Watts : But try and do a deal with the train company.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

does being found guilty of breaking a bye law result in a criminal record?

Customer:

I work in finance this would be a issue

Customer:

it is bylaw 18(1)

Customer:

I was not offered a fixed penalty

Alex Watts : Try and do a deal with the train comany to stop it going to court.
Alex Watts : But they should offer the fixed penalty and if not, this could be a breach of the rules. Especially if this is the first time.
Alex Watts : Can I clarify anything for you about this today pleased.
Alex Watts : please.a
Customer:

I will speak with the train company on monday

Alex Watts : Ok
Customer:

I am still unclear about the impact if it does go to court

Alex Watts : It is a criminal offence.
Customer:

so I will have criminal record if found guilty

Alex Watts : Yes
Alex Watts : But the good news is that it is non recordable.
Alex Watts : This means it won't show on a crb (or DBS) as it is called now
Alex Watts : Please see
Alex Watts : http://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5
Alex Watts : Not all non recordable offences do show on PNC checking. Driving ones do because there is a direct link to the DVLA computer. To be honest, probably this would not because it would not even have been prosecuted by CPS.
Alex Watts : If its not on a PNC it own
Alex Watts : If it's. it
Alex Watts : If its not on a PnC it won't show on a DBS check.
Alex Watts : Can I clarify anything else?
Customer:

ok that was very helpful

Customer:

but as you say it is best to speak with the rail firm first any way

Ash and other Law Specialists are ready to help you