I dont know how I would contest that?

Hi justice

By statement of facts I am referring to the paragraph within which they are charging me for. They have stated that this is what will be read out to the judge.

I chose not to sign the notes and I don't think I would have counter evidence by something I did or didnt say I think it would be his word against mine.

Basically in the inspectors notes there is one sentence that he says I've said and I say I didnt.

Hi mr gates,

Yes I agree with what you are saying I would say 99% of the conversation I had with the inspector I adhere and agree with in terms of ques and ans however there is one statement I do disagree with. How would a judge prove who said what when it was all verbal. The transcript of the conversation is not a photocopy but has been typed out? Is that normally how it is received. There is no signature of mine on the notes either

Sailor sam I truly wish you wellness in your life, Everyone can make a mistake God forbid even yourself which Im sure would not be down to or LACK of education.

"growth in wisdom maybe exactly measured by a decrease in bitterness" Friedrich Neitzsche

It's so confusing it just seems like a lose lose situation and a conviction is not what I want. How can they test written evidence, the inspector claims I said something that I did not. Had that sentence not be written in the statement of facts their prosecution would not have looked substantial and for a couple of pounds "evasion" surely there would be a better solution

Thanks old codja, there are four lines that make up the statement of facts. The very last sentence is just not true and that is what strengthens their case by falsifying a statment they claimed I made. How will I prove that I did not say this how can the inspector prove that I did?

Also if I decide to plea guilty then can this not be done in absence ?

Hi justice,

Thanks for that your advice is very valuable.

The problem I have is with what the inspector wrote which is not entirely true. It seems like he has twisted the conversation that we had and therefore my only discrepancy is with the last part of the statements of facts written on the documentation. Is there anything that can be done to recitify this?

Hey guys,

Is it better to email or telephone or write to try to resolve te situation?

Does anyone know that if you plead not guilty within what time frame the court date would be adjourned?

Many thanks

BazarS can you read the posts before too please. Also I'd rather not get into a debate about this I was just trying to make a few important points

I'm not for one minute saying that these rules shouldn't be in place but everyone makes mistakes nobody is perfect

Just one more point sailor sam, allowing someone to be convicted means they get a criminal record which then means that they cannot get a job which then means they rely on benefits from the government as they cannot survive and benefits come from YOUR taxes so all in all no one really comes out better off including ppl like yourself who pay taxes and it's reducing economic output that sumone could potentially contribute towards

Hi there sailor sam,

I accidentally used it once while having a oyster card with credit, if that's made things any clearer for u.

He who cannot forgive breaks the bridge over which he himself must pass. So sailor sam, no disrespect but i feel there are diplomatic ways of putting things forward to ppl that need help and advice and there shud b a slight human emotional touch there too

For the record I am a professor.

I appreciate all the advice and info and will continue to ask questions and learn things.

Many many thanks to everyone who is advising useful info and the support being given and I'm sure all the other ppl on here feel the same.

May God bless everyone and sailor sam included to be happy and prosperous.

Thank you justice! That was extremely informative info.

I wonder if it does, when this would take effect?

Do you still think I have a chance to settle out of court?

Many thanks

Thanks honeybee, checked out that website it's saying 5 years for a fine!!! That's a bit harsh isn't it?

Would a solicitor have suggestions as to how to better the situation? Or anything anyone can suggest? Surely 5 years is excessive??

Many thanks

Hey all,

This website is very informative but I am really concerned about the aftermath of what may potentially happen. Is there any way of finding out more info on this such as is the conviction under the ROA 1979? Is there way of getting it expunged or reducing the length of time until it is spent?

Many thanks

Also do you know how I can research upon when the conviction will be spent? If it's still in the pipeline will it apply to me ?

Hi old codja

Hope your well. Sorry if it was misunderstood that although I did accidentally use my aunts freedom pass I did in fact have my own oyster card on me with sufficient credit. It is what I subsequently used to continue my journey

OTE=Old-CodJA;3732098]You did not have an Oyster that had credit on it which was valid for your use.

Your post says that you had your Aunt's Freedom Pass. YOU did not have any ticket.

You have been charged with avoiding payment of a fare.

The most likely outcome is that you will be convicted and fined by the Magistrates. The maximum fine allowed by law for this is up to £1000, but as this is a first offence the Magistrates will impose a fine at what is known as the 'entry level' and that is around £350 (equal to the estimated average weekly wage). You will also be ordered to pay a £15 'victim surcharge' imposed by the last government on every person fined by a Magistrates Court. You will probably be ordered to pay compensation of the unpaid fare and all or part of the prosecution costs.

If you plead guilty the fine will be reduced because the Magistrates will give you credit for owning up and pleading guilty at the first opportunity.

If you plead guilty you can expect a fine of around £225, prosecution costs anywhere between £100 - £150, compensation of the fare plus £15 surcharge so a total of around £400.

There will be a conviction recorded by the court and this should be declared, but it is not categorised as a serious offence and there is a move afoot to have all such records spent after 12 months.

how long will the criminal record last for and does it come under the rehabilitation act ? i have a clean record never done anything

so will i be sent to prison then ? is this what will happen to me ? and for how long? is this the typical outcome ?

so will i be sent to prison then ?

ok, and so what is the worst that can happen now? and also I had a valid oyster card with me that had plenty of credit on it and i then used that to travel with. Looking at the previous posts a lot of people did not have the intention of paying the fare whereas I did and I had the oyster card to prove it

hi honeybee

any chance to explain again as I still do not understand it

all help would be appreciated

many thanks

hi old_codja and everyone.

Just to keep you updated,

I received a magistrates court today for:

contrary to s.5(3)(a) of the regulation of railways act 1889 as amended by section 84(2) of the transport act 1962 and section 18 of the british railways act 1970.

Could someone please tell me what this actually means and whats the worst that could happen.

I am extremely nervous and anxious and having panic attacks, on top of that I am very ill at the moment.

many thanks

Honeybee, there is absolutely no mention of an offence it just says on such an such date an incident took place at A location whereby you were spoken to by a member of LU regarding your train journey and the associated fare.

Then goes on to ask me to write any comments.

Is this right?

i dont get it though, i thought the inspectors notes would be sent alongside so that I could write my side of the story neither have they told me if this is a byelaw offence or something diifferent such as fare evasion.

From the responses I received from here I was told wait for the letter, now the letter has arrived it doesn't really give me much more information to go on.

Also 10 days have been given but does this include weekend as a the time given?

sorry just confused, as I was advised once the leeter comes I will know exactly what it is they are questioning and asking for my version of events on.