Hi,

TL;DR version of events:

I received a SJPN. I believe I technically am guilty of the charge, but had ignorantly committed the offence out of sheer financial desperation, having had no money and just started a new job. I'm desperate to avoid a criminal conviction. I contacted TfL's IAP to apologise, explained my circumstances, and I provided proof for everything possible and asked to settle this out of court, and that I'm happy to pay the necessary fine. Today they finally responded - with a very generic response to say they wish to proceed with the case...

However, the Revenue Control Inspector's statement is factually incorrect, has the date incorrect. The date provided is a date on which I can prove I had a valid ticket.

Do I stand a chance at fighting this as 'Not guilty' in court, on the basis that their evidence is incorrect?

Complete story:

On Thursday 26th July 2018 - I was caught using my mum's 60+ freedom pass by a Revenue Control Inspector on my way to work. I had just started a new job 10 days before, on the 16th July. I had used the card between 18th-26th July (until I was caught) for my commute to and from work.

I could not afford a monthly travel card at the time I had been caught as I had been unemployed for past 8 months; maxed out two credit cards, and had been borrowing money from my family to afford rent and food already. I only intended on using the freedom pass until I received my first partial paycheque at the end of the month.

I'm not denying - it was a stupid idea, and I obviously hugely regret having used a card I had no right to use. I'm not typically a dishonest person, and this was my first and only offence.

5 months later, just after christmas, I received a Single Justice Procedure Notice, charging me for not having a valid ticket in a compulsory ticket area; 'Contrary to Byelaw 17(1) of the Transport for London Railway Byelaws made under paragraph 26, schedule 11 of the Greater London Authority Act 1999.'

Understanding I was guilty of the offence, despite it having been committed out of sheer desperation. I'm also desperate to try and avoid a criminal conviction as I’m currently unemployed, and in search of a job again, and wish to avoid anything that might damage my chances of re-employment.

So I emailed TfL's IAP email address, explaining my financial circumstances, expressing that this was my first and only offence, apologising and pleading for any way for this matter to be settled without landing me a criminal record for it would really damage my chances of getting employed again- supplying bank statements, credit card statements, providing anything and everything to support the facts I had stated.

...

Today, I finally received a totally generic sounding email response from one of the prosecutors at the IAP department:

“On the 27^th July 2018 you were approached at ***** ***** station after using a pass to enter that activated the monitors. You produced a 60+ Oyster card that you admitted belonged to your mother. These passes are not transferable and therefore was not valid for you to use…”

“…Transport for London intend to continue with the matter listed against you and I would advise you to complete the paperwork and return within the required timescales”

I noticed that in their email response they have the date of the incident incorrect, (She said 27th July 2018 instead of 26th July 2018. On the 26th I was caught and cautioned, on the 27th, I actually paid for my fare and can prove it)

Furthermore, the Revenue Control Inspector's statement says the incident happened on the 27th instead of the 26th. It's only on the second page of the SJPN under the "Statement of facts" that they have the date correctly stated as the 26th July.

Do I stand any chance in fighting this case as 'not guilty' in court, on the basis that the statement given by the Revenue Control Inspector is factually incorrect, and if they were to pull CCTV from the 27th - they'd find that I'd actually used a valid ticket on that date?

Any help or suggestions would be massively appreciated. I have 5 days to respond to the SJPN letter

Many thanks!

no I suspect you don't.

plead guilty and attend

they will have evidence of +10 is it? fraudulent uses of the card, a simple typo will not I feel cut the mustard

.

as you have , by the sound of it, supplied everything bar the kitchen sink, you need to reply, but use the examples already here on CAG.

keep it VERY BRIEF , to the point and rub in the future employment issues should a criminal record, that holds for 1yrs be given. [max 1 page spreadout!]

you can settle even in the court on the day. find the prosecutor and beg...as you should in your letter.

even ring and make a pest of yourself.

if you look here there are several cases far worse than you that got OOC settlements.

dx

there are numerous

Buddy, good luck. If you find a number to call to speak to someone who can help in this case. Please put the number here as I am in a similar situation.

better to keep to your own thread ammar

see the attachment in post 22 here

https://www.consumeractiongroup.co.uk/forum/showthread.php?490442-Caught-using-father-s-freedom-pass(1-Viewing)-nbsp

Thank you dx. Sorry about the post here.

thanks for this DX.

I called them over the course of the week, re-iterating what I had originally said in my first email, saying it was a foolish thing to have done, I acted out of sheer stupidity and financial desperation, and begged for their discretion to have this matter resolved without damaging my chances of future employment.

However they said on the phone every time that they "do not do out of court settlements”??? This offence is dealt with “Strict Liability”, and that apparently there is absolutely nothing I can say that will change their mind - and was also told they are “95% sure this case will result in a criminal conviction for having abused a high value freedom pass which I was not entitled to use" but that ultimately it's up to the magistrate to decide upon based off what I submit as my mitigating facts.

Having been told this, it’s left me a bit on the fence with which option to proceed with - I have until tomorrow to submit my decision online via the Online Plea webpage.

a) whether to just submit my guilty plea + not attend court, and pay the reduced fine, and bite the bullet knowing I will have a criminal record - but avoiding having a looming cloud of uncertainty with how the matter will pan out in court. As ultimately I just want to put this behind me as soon as possible.

b) whether to plead guilty and attend court and attempt to argue my case. Given that I suffer from depression and anxiety - I can’t picture myself handling a stressful situation like being in court and trying to represent myself particularly well), on top of the lack of money to afford legal representation.

The questions I also have are:

-How quickly would they typically decide on a court date?

-How would I track down the prosecutor for my case, should I choose to attend court?

-From the eyes of an employer, how much might this sort of conviction impact my employability?

-Also, does anyone know whether as an EU citizen who has lived here since I was 2 years old, when I have the opportunity to apply for Indefinite Leave to Remain come Brexit in March, could this sort of thing affect my chances?

Many thanks!

I'm no expert, but can reply regarding b).

You don't need to pay for legal representation, you can represent yourself.

What will happen is that you will be asked to plead, you'll say guilty, you'll be asked if you want to say anything, and then you can say whatever you want to the court freely without anyone interrupting you. It's not a pleasant situation to be in, but it's not the end of the world either.

Answered most in post 2 already

Dont waste money on sols

Wont change anything

You dont know

They dont know..the outcome

Its only on your file for 1 yrs even if you get convicted.

Whatever you do

Do not waffle to the judge