I have used other's student oyster card in June and

now got a second letter from TFL saying that will take me to Magistrates' court in about 10 days.

There was a letter in July which asked for explanation and

I replied and asked for settle out of court

but it seemed not to be used at all.

I have 3 actions to take:

1) plead guity and not to court

2) go to court

3) plead not guilty and reset new dates.

What should I choose?

If I choose 3), what will be the new date?

Is it possible to be after Feb next year?

and will it make things worse?

I mainly worry that it will affect my visa application next Feb.

I can apply for IFR normally.

But if I get criminal record, I don't think I can apply IFR

Can I apply for extending my current tier 1 general visa in such case?

Really appreciate anyone's help!

Hi sddxac

Welcome to CAG

Can you remember exactly what you wrote in your letter in July?

Have you actually got a court date?

Court date is 29th Oct.

On the first letter, I explained that my card run out of money and used other's student card because of long queue to top up.

I also said I dont know this is a criminal offence and very ashamed for this.

also suggested I can cover any fine or administrative cost by TFL.

I think they may have not read my explanation at all because they lost my initial post in July.

When I called TFL at the beginning of Aug,

I was told to email them.

But the new letter only have the record on the day I was caught and didn't mention my explanation at all.

I am also thinking to call them again tomorrow morning,

would it help anything to my case?

Hi sddxac

Time isn't on your side.

You can consider writing to TFL, as you have the reference number. In your letter quote the Ref Number. An example of a letter can be found in post no.18 in the link below.

Amend it accordingly so you quote the correct byelaw in the letter and that applies to your case. Don't copy the letter, your letter needs to have more substance and be personalized, adapted to your case.

Convey that you regret your actions and are apologetic, be sincere. Explain that it won't happen again. Send it Recorded Delivery.

http://www.consumeractiongroup.c o.uk...ly-travel-card

Thanks rebell11. my first post was special delivery by royal mail and it was delivered to their office but they still didn't find it. That is why I emailed them again as they suggested when I called TFL. I don't really have time to post another letter but I can call them to use similar wording as you suggested.

If I can not settle out of court, in my case, will I get a criminal record? If yes, will it affect my visa extension?

also should I plead guilty or not?

also if I plead not guilty, can I request date to be in Feb 2015? And do I need a solicitor in such case?

Email the letter as suggested as suggested in post 4.

If you sent the letter Special Delivery, they signed for it, you should be chasing that letter, you want to find out what's happened to it and why they haven't read or responded to it.

You should also complainn to the CEO of TFL that they received your letter but the prosecutions department at TFL has lost it.

That in itself is very unfair,

they ask you for your side of the story,

you send your side of the stroy via special delivery,

they lose your letter, they don't respond.

Thanks rebell11. my first post was special delivery by royal mail and it was delivered to their office but they still didn't find it. That is why I emailed them again as they suggested when I called TFL. I don't really have time to post another letter but I can call them to use similar wording as you suggested.

 

If I can not settle out of court, in my case, will I get a criminal record? If yes, will it affect my visa extension?

 

also should I plead guilty or not?

should I plead not guilty to buy more time? What does it mean if I plead not guilty?

You have contacted TLF regarding your letter, they say they cannot find it, so you have missed an opportunity to settle this out of court or the opportunity might still be there, but you aren't or don't want to take it. Even at this stage out of court settlements have been achieved.

It's pointless asking those questions until you've done as suggested.

You could consider visiting CAB, it's free, there should be an office near you.

http://www.citizensadvice.org.uk/

should I plead not guilty to buy more time? What does it mean if I plead not guilty?

The thing is that I dont have enough time. I sent email yday but no one replied yet. I can not wait for too long as time is not enough. That is why I want to plead not guity to have more time to discuss the matter to them. How can I complain lost of post? what is the email address?

should I plead not guilty to buy more time? What does it mean if I plead not guilty?

Hello there.

My understanding is that if you plead not guilty to the magistrates, your case will be referred to the Crown Court for a hearing.

The last CAG user who pleaded not guilty when he had done what he was accused of, couldn't justify it to us but went to Crown court anyway. He hasn't been back to tell us how it went, but I'm guessing that if he had won we would know all about it.

HB

Hi sddxac

Did you use the Oyster Card in the underground?

In response to post 10.

Write a Formal Letter of Complaint, mark it as such. Explain what's happened (TFL sent you a letter Ref. Number XXXXXX, they asked your version of events with any mitigating factors. You returned it with your response via Special Delivery mail Ref. Number), how they have let you down (you have chased up TFL who state that they can't find it, it seems that TFL have lost it, you received another letter telling you of their intention to prosecute you regardless of the fact that you replied to their letter - this is very unfair) and what you want them to do (find the letter or allow you to respond again).

You need to give TLF some time to respond.

Send it to:-

Mr Mike Brown

Chief Executive

Transport for London

[email protected]

I just called TFL and the officer asked for proof of hurting my career.

I don't want to discuss such matter with my employer so suggested to send proof that it will affect my UK visa extension and he said ok.

I also disucssed with him that I have been used my oyster card in the past 5 years without any problems

and given him my oyster card number.

He said he will review my case by end of this week.

I am thinking to call him again in the afternoon.

At least to confirm he has received the extra evidence.

Do you think I still need to complain to the CEO or wait for now?

You seem to want to respond with questions. What proof will you have that you contacted them today, it doesn't seem to matter to you, that you did as they requested, sent them your response and they have lost it but they are carrying on with the prosecution.

I would get that email written and sent. He will get somebody from his office to contact you.

I just called TFL and the officer asked for proof of hurting my career. I don't want to discuss such matter with my employer so suggested to send proof that it will affect my UK visa extension and he said ok. I also disucssed with him that I have been used my oyster card in the past 5 years without any problems and given him my oyster card number. He said he will review my case by end of this week. I am thinking to call him again in the afternoon. At least to confirm he has received the extra evidence. Do you think I still need to complain to the CEO or wait for now?

Hello there.

 

My understanding is that if you plead not guilty to the magistrates, your case will be referred to the Crown Court for a hearing.

 

The last CAG user who pleaded not guilty when he had done what he was accused of, couldn't justify it to us but went to Crown court anyway. He hasn't been back to tell us how it went, but I'm guessing that if he had won we would know all about it.

 

HB

Incorrect unless it's an indictable only offence, an either-way offence and opted for by the defendant or under other rare conditions.

I am just a bit worried that such complaint will make the prosecution team not happy and turn down my request of settle out of court. It doesn't work like this? Does such complaint work well before?

I stated that I used other's ticket because my oyster run out of money and there are long queue for topup on the day I was caught. So I am not very confident when talking to TFL officers.

Incorrect unless it's an indictable only offence, an either-way offence and opted for by the defendant or under other rare conditions.

sorry what does this mean?

sorry what does this mean?

My post was missing the quoted. Updated.

My post was missing the quoted. Updated.

Thank you for the correction Bravot, sorry if I misunderstood or misled anyone. I was basing my comments on what I've read on previous threads here.

HB

In this situation the prosecution team are already unhappy because they are dealing with this matter, you can't make it any worse. They have lost your letter and you took utmost care and were very diligent in the way you sent it.

I am just a bit worried that such complaint will make the prosecution team not happy and turn down my request of settle out of court. It doesn't work like this? Does such complaint work well before?

 

I stated that I used other's ticket because my oyster run out of money and there are long queue for topup on the day I was caught. So I am not very confident when talking to TFL officers.

Hello there.

 

My understanding is that if you plead not guilty to the magistrates, your case will be referred to the Crown Court for a hearing.

 

The last CAG user who pleaded not guilty when he had done what he was accused of, couldn't justify it to us but went to Crown court anyway. He hasn't been back to tell us how it went, but I'm guessing that if he had won we would know all about it.

 

HB

Sorry, HB, it must be heard first in Magistrates Court.

Crown Court is for appeals (appeal against sentence if pled guilty, or either or both of sentence and verdict if pled not guilty).

Sorry, HB, it must be heard first in Magistrates Court.

 

Crown Court is for appeals (appeal against sentence if pled guilty, or either or both of sentence and verdict if pled not guilty).

Thank you BazzaS. I think that was what I meant, but I could be confused.

HB

In this situation the prosecution team are already unhappy because they are dealing with this matter, you can't make it any worse. They have lost your letter and you took utmost care and were very diligent in the way you sent it.

I have sent the complaint letter on Monday and another officer has replied just saying will get back ASAP yday. How long does it take normally? In such case, should I still reply to the court summon?

Give them until Friday to respond. In the letter did you state your court date is coming up?

I have sent the complaint letter on Monday and another officer has replied just saying will get back ASAP yday. How long does it take normally? In such case, should I still reply to the court summon?

Give them until Friday to respond. In the letter did you state your court date is coming up?

I did give the court date. Just a bit worried if friday is too late because court date is soon and the letter said I need to reply to court at least 3 days before the court date.