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Public transport (Trains, tubes and buses) Have you been let down by public transport? Tell us about it here. Go one better and put in a claim for some proper compensation. You don't have to accept their travel vouchers. You can do better than that.

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Old 25th September 2008, 08:44   #1 (permalink)
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Watch out, there are Claims Touts about!

Cagger since : Sep 2008
Posts: 2
the delta force Novitiate
Default Fare evaded on bus - I am at fault

Hello,

On the 31st May I was walking to a tube station in West London to check the balance of my pre-pay Oyster card as it had not been used for a while.

As I was about to walk into the station I turned around and noticed a bus approaching the bus stop so I ran back to get it. I even had a £5 note in my hand to top up!!!

At the next stop, TFL inspectors boarded and yes, I had insufficent funds to make my journey. My details were taken and I admitted to the inspector that I thought I had funds on my card and that it was my fault.

Yesterday I received a Court Summons and have the option to plead by post, guilty in person, not guilty in person, disputing the claim for costs and disputing the claim.

I was thinking of just pleading guilty by post, pay the fine and risk a criminal record. I've never been arrested or fined (apart from a few parking tickets).

However, after reading the inspectors statement I am tempted to plead guilty in person but want to know if I can argue the statement given by the inspector or am I wasting the courts time.

Extract from the TFL inspectors statement:

Is this the pass you are using for your journey? Passenger says yes. I said, this pass has 40p remaining which is insufficient funds for your journey. Passenger makes no comment. Correct details gievn by passenger. I said, I will be submitting a report to the Investigations and Prosecutions section of TFL. Passenger made no comment.

On both occassions at where he had written No Comment, I had acknowleged the inspector and even said I was at fault. I know there is no case for this but can I argue what was written in his statement or am I better off pleading guilty by post and leaving it to the court to decide.

Also, is there a chance I will receive a criminal record for a first offence?

Regards,
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Old 30th September 2008, 19:35   #2 (permalink)
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Watch out, there are Claims Touts about!

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old_andrew2007 Informativeold_andrew2007 Informativeold_andrew2007 Informativeold_andrew2007 Informative
Default Re: Fare evaded on bus - I am at fault

If an individual is found guilty at a magistrates court then they will have a criminal record, a first offence will result in a criminal record.

Last edited by old_andrew2007; 30th September 2008 at 19:38. Reason: added info
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Old 12th October 2008, 17:20   #3 (permalink)
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Default Re: Fare evaded on bus - I am at fault

But an offence is only recordable if it can potentially result in a prison sentence, so is that the case here?
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Old 13th October 2008, 09:48   #4 (permalink)
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the delta force Novitiate
Default Re: Fare evaded on bus - I am at fault

Well TfL have been great, I decided to write to TfL and explain the situation and also the comments made by the inspector. The very next morning I received an email telling me that they wouldn't be pursuing the matter and I need not do anymore.

Quote:
Originally Posted by old_andrew2007 View Post
If an individual is found guilty at a magistrates court then they will have a criminal record, a first offence will result in a criminal record.
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Old 20th December 2008, 22:20   #5 (permalink)
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Default Re: Fare evaded on bus - I am at fault

Quote:
Originally Posted by the delta force View Post
Well TfL have been great, I decided to write to TfL and explain the situation and also the comments made by the inspector. The very next morning I received an email telling me that they wouldn't be pursuing the matter and I need not do anymore.
TBH that's what they should've done from the outset, unless you regularly avoid paying fares. It's a bit much to take someone to court over a bus fare. He should've asked you to pay the fare and not to do it again.
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