Avoiding fare on london underground - summons!!!!

[MatthewC1984]

I was using my girlfriends student oyster card to get discounted travel. Oops. Got caught. Tried to lie and said it was a mistake. Then sent me a letter and I told them that it wasn't a mistake and I was sorry. Then they sent me a summons to court. ****. They are saying that "i did not have a valid ticket for travel on that day and that i was intending to avoid payment of the said fare". It also says tfl are claiming £100 to cover costs and £4 for the ticket. Does anyone know if there will be a fine as well or is this £104 all? I am not going to court and will let it all happen in my absence and have told them that i accept the charges and am guilty as sin.

Strangely enough it doesn't mention that I could have been using the disounted oystercard for a longer period of time. It looks like they are only "getting me" for this one journey.

Muh

[tiglet]

Hi matthew

Firstly, I think it would be in your best interests to attend court. If you can apologise to the judge and state any mitigating circumstances, they may well be more lenient on you.

Were you issued a penalty ticket first? It sounds to me as if they've decided to make an example of you - unfortunately, this could potentially result in a criminal record and £1000 fine, so it really would be best to attend court.

[charlie7111]

Hi just posted a thread on here about fare on the underground :

HELP! I had been taking steroids to help with my illness and these caused numerous side effects. I had not been out for nearly 6 weeks when I went out to celebrate it. I knew I was going to be late as I had been sleeping for most of the day and didn't think so I just grabbed my mother's freedom Oyster card. An inspector stopped me at the entrance and asked questions. In my state of mind and being impatient to be there on time I just said 'yes' to his questions even though one or two of them weren't correct. My solicitor and even my doctor to wrote to them to explain the side effects I had due to the medication but they still issued me with a summon. My doctor wrote another letter to see if they could settle out of court but they seemed to ignore it so now I have to attend the hearing next Monday. I need to enter my plea. Can anyone suggest what I should do. Does it mean I get a criminal record if I plead guilty (with mitigating circumstances) or should I not plea guilty and get my solicitor to argue it? I cannot afford a criminal record with my work in education.

[tfl_complaint]

I would suggest you fight your case, as we all have been hearing of cases where the charges have been dropped, wish I had done the same!

[Maursh]

If you elect to plead "not guilty", then you don't have to offer any defence but I believe the procesution has to prove "mens rea" - guilty mind. I suspect this is very difficult to show unless you incriminate yourself in some way but they may be very adept at it these days if a lot of people have successfully fought the case.

[mc661]

As it seems that it is too late to plead guilty out of court, you will now have to attend.
If you don't attend you will be tried in your absence based on what you said to the inspector at the time. If you go to court you can cross examine the inspector (who will more then likely not be in court), you can also claim the mitigating circumstances such as your medicines/jobless/etc.
TfL will not be expecting you to turn up, as they tend to allow 10mins per case and book a whole day in court. The longer you take in questioning the less other cases they can deal with.
They can only claim reasonable costs, which is around £100 regardless of if you turn up in court take 4hrs or don't turn up and it takes 10mins.

Fines depending on court can be around 50-250. The maximum is £1k but I have never ever know someone getting anything above 300 for purely fare evasion. I have known someone get 550, but that was mostly for swearing.

If you are unemployed, tell the magistrate, this can often reduce your fine. Ask for a statement of means, this means that you do an income/loss account and show the court that you can only afford £1 a week etc.

Let us all know how it goes on the day. I suggest you take a friend along with you as courts can be pretty daunting places. I remember my first day as an inspector and it was daunting. Now I go regularly due to work.

[charlie7111]

Well got a conditional discharge and was just asked to pay the court fee. Though should not have pleaded guilty. Anyway my employer was most supportive when I told them. They thought TFL is a bit of an ass and that the whole country's gone crazy with court proceedings etc and criminalizing all.