Going to hearing tomorrow PLEA GUILTY OR NOT GUILTY?

[Nayra]

HI I got a hear tomorrow about failed to hand over a valid rail ticket because i lost it on the train i was asleep very early train to gatwick from victoria I got a freedom pass so just got to get an extension from coulsdon south. I didn´t had any cash to pay for the 20 pounds penalty and he didn´t acept my visa electron debit card but didn´t gave the option to get some cash from the cash point as a friend told me he did once. he just wanted to prosecution coz is more money than the originaly 20 pound fare. the thing is that in the witness statement that i signed with my freedon pass details and passport numbers,adress etc he made a mistake on the date he wrote friday 29 march 2009 and it was 29 of may 2009 also in the papers sent to my by courts said it happend on Sunday 29 march 2009. They got it wrong Can i get away with this coz I never been the 29 of march at gatwick airport (I was sleeping at home hhehe) so they can´t prove that i been there PLEASE HELP tHANKS GUYS XXX LOVE U Nayra

[sarajulldin]

cant beleive that there do over 20 pounds these days.

 

the mistake on the date, could easily be seen as it is a mistake and corrected.

 

im sure the right people will come along and provide advice

[Andy01]

1.I think if they got the dates wrong just tell them that you was not there that date but you do need an alibi for that date.Burden of proof lies with them to prove that you was there.Have you signed any paper work on 29th may if yes then they can produce that. You are not lying to the court by saying that you was not there on 29th March.

2. If they can find the correct date then you simply explain the true picture.

 

Choise is yours!

[BankFodder]

If they have charged the offence inaccurately then this is a good basis for a not-guilty plea.

Is the witness statement numbered? - Meaning, is it taken from a book of them and which presumably the previously numbered one will be dated May and the one afterwards will also be dated May.

 

This would be quite sufficient to produce doubt in the mind of the court and to return not guilty.

 

It is not for you to volunteer information about their mistake. they must prove their case without your help.

 

All you have to do is to swear that you were not there on the date in march. If you can offer an alibi then so much the better. However, you can question the wirness as to where he was on that date in March and ask to to prove that he was on your train at that time.

 

If your witness statement has a serial number then there should be very little difficulty - and together with the witness admissions that he was ot o that train on that date - this should dispose of the matter.

 

Do not start sayig that they have made a mistake etc. you are under no duty to do so. They must prove the charge or else go away and begin again. They cannot amend the charge there.

 

A professional legal representative would take the same view. You are not obliged to explain their mistake.

 

If eventually they do rumble their error then you are still entitled to argue that the charge must stand and mut be proved or else dismissed.

[BankFodder]

I notice that the 29th March is a Sunday while the 29th May is a Friday.

 

Ask him if he works Sunday and if he worked that Sunday.

Also, check the timetables. Are there trains at the time on a Sunday?- you say that it is an early train.

[BankFodder]

If he says that he doesn't know then ask him to calculate back in his shifts. Ask the court for a short adjournment while he does that.

[SRPO]

Deleted.

Edited September 23, 2009 by SRPO