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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My son is eighteen he was thrown off a southeastern train

Customer Question

Hi my son is eighteen he was thrown off a southeastern train for not having a ticket . i have received a letter which says ' the above-mentioned was questioned by a member of rail staff with regard to an alleged incident on southeastern railway. the matter has been provisionally authorised for prosecution then goes on with an invitation to respond giving details such NI number act and any comments regarding this incident.
there is no demand for any payment and i am concerned how to proceed
Submitted: 7 months ago.
Category: Law
Expert:  Ash replied 7 months ago.
Hello my name is ***** ***** I will help you with this.What is it you would like to know please?Alex
Customer: replied 7 months ago.
Hi my 18 year old son has received a letter from southeastern prosecution office. Some weeks back he jumped on the last train with no time to get a ticket and when he couldn't produce a ticket was thrown off the train. He has this morning received a letter from the prosecutions office about an alleged incident and that the matter has been provisionally authorised for prosecution. it goes on to say that he is invited to respond by completing in his details (NI Number act) and comment about the incident. There has been no demand for payment or real details of incident. I am of course extremely worried about him getting a criminal conviction and the stress of this situation affecting his up coming a levels
Expert:  Ash replied 7 months ago.
Does he accept he was without a ticket? Alex
Customer: replied 7 months ago.
yes
Expert:  Ash replied 7 months ago.
What is it you would like to know about this please?
Customer: replied 7 months ago.
i would some advice on what comments to make on the form and how can he avoid being prosecuted can we settle out of court I have no idea the best way to proceed do they always go for prosecution this of course will have an affect on the rest of his life so any advice or information you can give would be appreciated
Expert:  Ash replied 7 months ago.
Does he have any other convictions?
Customer: replied 7 months ago.
no
Customer: replied 7 months ago.
Hi Alex I am going to work do you have any more information for me
Expert:  Ash replied 7 months ago.
I am just typing my response, but you dont have to wait, you can come back to it later
Expert:  Ash replied 7 months ago.
In short he can not do much at this stage. He admits he didnt have a ticket and needs to say why. He can then also say in a covering letter that he does not have any previous convictions and a Court case would be detrimental to him. I assume he has never done it before so can say so.He can in reality plead with them to reach an out of Court settlement. But the bad news is that he can not make them. This is why he needs to say that he has never done it before, no previous convictions etc.Can I clarify anything for you about this today please?Alex
Customer: replied 7 months ago.
not not really it seems very bad news would they really ruin an 18 year boys career with a conviction is that the norm i have recently paid a penally fare of twenty pounds for him but he does not have a conviction do you know who its to get advice from
Expert:  Ash replied 7 months ago.
Could they convict - yes. Its a criminal offence and he admits travelling without a ticket.If he was issued a penalty fare and paid it then he can't be prosecuted for the SAME offence.But you have needed to pay the penalty within the timeframe set out in the notice.If you did not then sadly you cant make them stick with the penalty fare.Does that clarify?Alex
Customer: replied 7 months ago.
he wasn't issued a penalty notice
Customer: replied 7 months ago.
they said on the train that they would send a penalty notice but we never received one I've checked everywhere
Expert:  Ash replied 7 months ago.
Ok - you need to respond as I have indicated above.He admits he didnt have a ticket and needs to say why. He can then also say in a covering letter that he does not have any previous convictions and a Court case would be detrimental to him. I assume he has never done it before so can say so.He can in reality plead with them to reach an out of Court settlement. But the bad news is that he can not make them. This is why he needs to say that he has never done it before, no previous convictions etc.That is the absolute limit of what you can do at present?Can I clarify anything for you about this today please?Alex
Expert:  Ash replied 7 months ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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