Fare Evasion Summons - Question

[UKP]

That isn't always factually correct

 

Where pre-pay Oyster is concerned, the Oyster may hold sufficient credit, but it MUST be touched in to give up the credit for the fare due BEFORE travelling

 

A pre-pay Oyster is described as an 'electronic purse'. It is only a means of carrying credit to pay the fare.

 

It is NOT a travel ticket.

 

It is no different to the traveller who carries a credit card to pay at a booking office, but doesn't do so and simply has the card, with means of payment in his wallet, but does not pay the fare before travelling.

 

The Magistrates Courts have recognised that the traveller who does not give up the payment by touching-in before travelling has not paid anything for the fare and a great many convictions have been recorded as a result.

 

If the Oyster holds a season ticket, then the situation is different and the fare has already been paid.

 

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Good morning all.

 

Well, it appears as though I have obtained a resolve to this issue.

I have just spoken with the TFL Investigator who has agreed to settle out of court. Granted, I feel that there were mitigating cirumstances that may have been in my favour regarding this whole incident...however, after receiving the letter from them on Saturday morning where they seemed to be quite adamant in their stance...along with the fact that I had paid a £25 penalty fare before...I would much rather concede and grab this opportunity to settle rather than cross my fingers for luck to be on my side in court. The possibility of them ruling against me (resulting in a lifetime criminal conviction) was too much of a 'dice roll!'

 

Nonetheless, the prompt advice and suggestions that I have received here has truly been priceless; definitely worthy of my word-of-mouth personal endorsement as well as a donation. Aside from this particular subject matter, this site contains a wealth of information that I will surely continue to refer to. Once more, I sincerely thank you all again.

[Old-CodJA]

Good morning all.

 

Well, it appears as though I have obtained a resolve to this issue.

I have just spoken with the TFL Investigator who has agreed to settle out of court. Granted, I feel that there were mitigating cirumstances that may have been in my favour regarding this whole incident...however, after receiving the letter from them on Saturday morning where they seemed to be quite adamant in their stance...along with the fact that I had paid a £25 penalty fare before...I would much rather concede and grab this opportunity to settle rather than cross my fingers for luck to be on my side in court. The possibility of them ruling against me (resulting in a lifetime criminal conviction) was too much of a 'dice roll!'

 

Nonetheless, the prompt advice and suggestions that I have received here has truly been priceless; definitely worthy of my word-of-mouth personal endorsement as well as a donation. Aside from this particular subject matter, this site contains a wealth of information that I will surely continue to refer to. Once more, I sincerely thank you all again.

 

I'm glad that you are 'reasonably satisfied' with the outcome and for what it's worth, the fact that you had been issued ( & paid ) a penalty fare previously might possibly have had some bearing.

 

If a case goes to Court, although the prosecution cannot refer to a penalty fare as a previous 'conviction' because it isn't, the prosecutor can refer to the notice as a previous written warning and that might have been enough to sway some Magistrates.

 

You might have got a sympathetic Court, but I guess you are happy with the peace of mind that results from having settled the matter

[UKP]

I'm glad that you are 'reasonably satisfied' with the outcome and for what it's worth, the fact that you had been issued ( & paid ) a penalty fare previously might possibly have had some bearing.

 

If a case goes to Court, although the prosecution cannot refer to a penalty fare as a previous 'conviction' because it isn't, the prosecutor can refer to the notice as a previous written warning and that might have been enough to sway some Magistrates.

 

You might have got a sympathetic Court, but I guess you are happy with the peace of mind that results from having settled the matter

 

 

Good points, Old-CodJA. In all honesty though, the previous penalty fare was the one factor that I was worried about most of all. Granted, I agree with you in stating that a previous penalty fare cannot not be considered as a conviction...however the whole feeling of uncertainty, regarding the possibility of an unsympathetic Court etc, was what I found most unsettling (

Admittedly, I would have felt considerably more confident in taking the matter up in Court with legal representation, even though I knew that there were mitigating circumstances involved. Nonetheless, I ended up paying a settlement fee of £102.00...instead of a £750.00 fee quote that I had received from a solicitor...which resulted in having the case withdrawn (which would have been the aim of hiring a solicitor anyway) for a lot less money and the same peace of mind...so not so bad overall, I guess.