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Found 1 result

  1. Hi Guys, It's nice to meet you all. I have been a lurker looking around for months now so have become accustomed to a lot of the regulars on this forum and just want to say thank you before I even start to members such as OC, Underground and others who take time out to give advice and help others. Now for the point at hand, I was stopped at a central london station this year and a family members freedom pass was in my possession, long story short, I was questioned by a TFL member, I had not realised I had used the pass as I also had my Oyster with enough credit to travel however as I have read this does not matter since it is my responsibility to know which card I was using. I got the letter from TFL asking for my side of events, I let them know about the Oyster and the fact it had been topped up that morning, they took this into account with evidence I provided however last week I was sent a court summons for the following: You are hear-by summoned to appear at Magistrates court.... That on (said date) you did entered a compulsory ticket area without having with you a valid ticket.. Contrary to Bye-law 17 (1) of the TFL railway byelaws made under paragraph 26 of schedule 11 to the greater London Authority act 1999, and confirmed under section... of the Transport Act 1962. London Underground will be applying for the sum of ...... and the price for a single ticket. Above I have tried to provide as much information as possible, now having read through the statements etc and this forum I understand the the charge is not for the The Regulation of Railways Act 1889 which I understand is worse and relates specifically to fare evasion, it is in-fact for Bye-law 17 (1). I am guessing that due to the evidence I provided they decided not to go with proving intent etc and the RORA but chose a charge I cannot dispute - strict liability as I have read in other threads. My questions are as follows: I have read countless examples on here and other websites about Bye-law 18 etc but not very much on 17 hence am wondering what exactly is 17 (1) all about? and why does it state that it is exempt: "Any person who breaches any of these Byelaws commits an offence and, with the exception of Byelaw 17, may be liable for each such offence to a penalty not exceeding level 3 on the standard scale". ? Next I have read countless debates on whether a bye-law and in my case specifically 17(1) relates to a Criminal Record and conviction, I am genuinely confused about this, is it in fact recorded? Is it a criminal record? Finally I am attending court soon and will update everyone as to how it proceeds to help others. I have decided to plead guilty based on what I have read in the summons and go in person. I have spoken to a family friend (solicitor) who is looking into the summons and whether to pursue or even attempt and out of court settlement with the TFL prosecution office. Is this worth following up? Thanks for taking the time to read this.
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