Please help, Court Summons re. alleged Bus fair evasion

[Bipolarschizophrenic]

Hello,

 

I have a problem which I hope someone can help me resolve. Several months ago I boarded a bendy bus believing I had my weekly bus pass tucked away in my pocket. During my journey a ticket inspection team boarded and I was asked to show my ticket by a T.F.L. police officer which I proceeded to do, however, after thoroughly searching myself I was unable to find my ticket and told the officer that I was unable to locate it. I was then asked to disembark, which i promptly did and then asked to produce identification which I was unable to do, I don't have a drivers licence and I don't carry a wallet, so was then asked whether I had any prior criminal convictions I told him I received a caution several years ago, which he confirmed, but was still unable to confirm my details. I was asked to wait until my details could be confirmed by a voters check, and then another individual was called over to confirm this which he did. I then explained everything to this person and he said that I should expect a letter and that I should keep my receipt as evidence and send this along with my reply to the letter and was then allowed to leave. Now I do keep receipts for the big stuff, however, not for the small stuff like groceries and day to day expenses, so when the letter arrived I ignored it thinking it would make a blind bit of difference if I responded to it, foolish, I know.

 

This morning I received a court summons and would like some advice on how to proceed, there are a few things that I'm curious about, the above statement is completely accurate however I have read the statement of the witness who supposedly took down my details and am concerned with the inaccuracy of his unsigned statement and the actual events that took place, if you would bear with me for just a little longer and allow me to elaborate.

 

"STATEMENT OF WITNESS"

 

"This statement is compiled from original notes made at -:-- pm on -- --- 2010. On -------- -- --- 2010 at --:-- pm, I was on duty in uniform at ------- road/----- ------- road, -- when I ticket checked a route -- bus, garage code --- on a journey in service to Trafalger Square(EAST SIDE). I observed that there was a notice on the exterior of the bus stating 'TICKETS MUST BE PURCHASED BEFORE BOARDING'. I identitifed myself to a male passenger standing on the articulated bus who I now know to be Mr ----- ------ of FLAT -- ------ -----, ------------- est. LONDON, -- --- who was taking a journey from ----- ----- to ------- ROAD a fare of £2.00. Mr ------ was unable to offer for inspection a vaild ticket or pass for his journey. I SAID TO MR ------, "CAN I SEE YOUR TICKET OR PASS PLEASE?", HE SAID " I CANT FIND IT". I SAID, "YOU ARE REQUIRED TO PRODUCE A VALID TICKET OR PASS FOR YOUR JOURNEY." HE SAID, "I DID BUY ONE, BUT I JUST CANT FIND IT NOW," I asked him for his name and address. Correct details were given as MR ------ ------ , -------------- ---. LONDON, -- ---. These details were verified by VOTERS CHECK. I said " I will be submitting a report to the Investigations and Prosecutions section of Transport for London for their consideration "He said " OK, IS THAT ALL THEN?" (he did not say any of the quoted red text, his colleague took over from him when he was unable to confirm my details, I only mention it because this is a very serious matter for myself and I cant understand why such an error could be made, in fact I'm unsure who actually made the statement, the T.F.L. Officer or his colleague who was not an officer, I should have taken down names )

 

Signed: UNSIGNED (printed name)......................Signature witnessed by: UNSIGNED..................

 

Dates to avoid................................................................................................................................"

 

What to do now? I absolutely cannot afford to be given a criminal record, I have a genuine reason but I don't have a penny to my name and although this would greatly hamper my future ambitions, I suppose it will also remove certain chains.

 

please help

 

Many thanks,

 

Bip.

[SRPO]

Possibly a huge leap but looking at the name you have chosen do you qualify for a Freedom Pass?

[Bipolarschizophrenic]

Possibly a huge leap but looking at the name you have chosen do you qualify for a Freedom Pass?

 

Lol, nooooo, i'm not bipolar or schizophrenic, i think i'm pretty much on the ball these days, but there was a time when i wasn't and as a result chose this tag, i'm just normal.

[Madamfluff]

What type of Bus pass do you have?

 

As most Bus passes in London are including age concession are oyster either PAYG or Season Ticket, that means you cant just have it tucked in your pocket you actually have to get it out and swipe it over the reader to pay your fare, so you should have known that you didnt have your ticket/card when you entered the bus and before you were asked to produce it by TFL

 

Sorry this doesnt add up.

[Wriggler7]

My normal advice to people receiving summons is to speak to a solicitor.

 

Often, the cost of seeing a solicitor is greater than any potential saving with matters like this, so:

 

Write to Tfl prosecutions. You can offer to settle the matter, they may accept some form of 'out of court' settlement, probably a payment similar to their costs in the matter 'so far'.

 

If 'served statements' are not signed, you could go to Court and challenge them as being unnacceptable. It may be that the court would throw the case out, or it may be that the prosecutor would ask for an adjournment such that either 'live evidence' (that is to say, the 'inspector') can be put before the Court.

 

You will notice the word 'may' comes in a lot. The fact that the statements are not signed does not 'fatally' damage their case, and your allegation that the 'inspector' did not say all of the things that the statement claims he said does not either.

 

Some prosecutors would go red, mumble a bit and drop the case, some will stand erect, waffle about volume of work, and adjourn the case until the paperwork is 'straight'. Some would accept an out of court payment at this stage, some would look into the matter and say 'oops'.

 

The only way to find out is to write to Tfl prosecution team. What they want with this case is a 'positive outcome', which generally means that they will want to be able to tick a box stating that they got some money back for the transport system. Unless there are 'aggravating features' to the case, they probably are not fussed whether it was before or after Court.

 

I am sorry if i haven't given a 'simple' 'yes/no' answer, but my experiences are that there isn't one.

 

The only 'absolute' in this matter is that you did not show a ticket.

[papasmurf1cx]

Can you explain what your reason for not having a ticket on you at the time is?Perhaps it is relevant.

[Bipolarschizophrenic]

What type of Bus pass do you have?

 

As most Bus passes in London are including age concession are oyster either PAYG or Season Ticket, that means you cant just have it tucked in your pocket you actually have to get it out and swipe it over the reader to pay your fare, so you should have known that you didnt have your ticket/card when you entered the bus and before you were asked to produce it by TFL

 

Sorry this doesnt add up.

 

Thanks for responding, it was a seven day travel card.

 

Please dont think i'm stupid, I am familiar with the RFID technology, and know how it works, i just don't like using it.

 

I read your moaning minnies post, i had mixed feelings when I read it, and youre right ofc, travelling without a valid ticket is plain theft, just like illegally downloading a movie or a song.

 

"If I was stupid enough to lose my card which is difficult bearing in mind I travel on a bus, two tube lines, overground then another bus, I woudnt expect some hard pressed ticket collector who has heard the same story 100 times that day already to have any sympathy for me and why should he?, I would expect to be treated as a potential fare dodger and get a fine "

 

Yeah, i'd expect that too, unfortunately i didnt get a fine, im going to get a criminal record instead, yay.

 

"How many people here whould expect to take a chicken from Tesco without paying and expect the store to let you off as you forgot your purse, fare evasion for what ever reason is the same, it's stealing, FGS most of us use the travel network everyday we know we need to pay for it"

 

this is the most ridiculous analogy i've ever come across, what is your point here, i didnt walk out with any chickens.

 

have a nice day.

[Bipolarschizophrenic]

My normal advice to people receiving summons is to speak to a solicitor.

 

Often, the cost of seeing a solicitor is greater than any potential saving with matters like this, so:

 

Write to Tfl prosecutions. You can offer to settle the matter, they may accept some form of 'out of court' settlement, probably a payment similar to their costs in the matter 'so far'.

 

If 'served statements' are not signed, you could go to Court and challenge them as being unnacceptable. It may be that the court would throw the case out, or it may be that the prosecutor would ask for an adjournment such that either 'live evidence' (that is to say, the 'inspector') can be put before the Court.

 

You will notice the word 'may' comes in a lot. The fact that the statements are not signed does not 'fatally' damage their case, and your allegation that the 'inspector' did not say all of the things that the statement claims he said does not either.

 

Some prosecutors would go red, mumble a bit and drop the case, some will stand erect, waffle about volume of work, and adjourn the case until the paperwork is 'straight'. Some would accept an out of court payment at this stage, some would look into the matter and say 'oops'.

 

The only way to find out is to write to Tfl prosecution team. What they want with this case is a 'positive outcome', which generally means that they will want to be able to tick a box stating that they got some money back for the transport system. Unless there are 'aggravating features' to the case, they probably are not fussed whether it was before or after Court.

 

I am sorry if i haven't given a 'simple' 'yes/no' answer, but my experiences are that there isn't one.

 

The only 'absolute' in this matter is that you did not show a ticket.

 

 

Many thanks for reading, and thank you for your advice, i shall follow it up. I feel like I should buy you a beer or something, anyway, thanks again,

Yeah, you know, if I end up going to court, I'm just going to tell them the truth and if I get a criminal record then I'll have truly nothing more to lose. so hey, win win.

[Bipolarschizophrenic]

Can you explain what your reason for not having a ticket on you at the time is?Perhaps it is relevant.

 

 

I was running late for an important appointment, a matter of life and death you might say, and I thought I had it in my back jeans pocket, but it must have slipped out, when running for the bus, lol.

[Bipolarschizophrenic]

What type of Bus pass do you have?

 

As most Bus passes in London are including age concession are oyster either PAYG or Season Ticket, that means you cant just have it tucked in your pocket you actually have to get it out and swipe it over the reader to pay your fare, so you should have known that you didnt have your ticket/card when you entered the bus and before you were asked to produce it by TFL

 

Sorry this doesnt add up.

 

 

Madam Minnie, I dont know if you're trying to help, but, I think you're doing more harm than good for me, regarding my thread, i don't need somebody to come on here accuse me of lying and perhaps putting off some of the other people who may have chosen to help me had they not read your post.

[papasmurf1cx]

Are you in a position to prove that you purchased it eg from cheque book records, a receipt etc?? if you wrote to them with this evidence and explained as advised above you may avoid the court appearance.

[Bipolarschizophrenic]

Are you in a position to prove that you purchased it eg from cheque book records, a receipt etc?? if you wrote to them with this evidence and explained as advised above you may avoid the court appearance.

 

Thanks for your response.

[Old-CodJA]

Are you in a position to prove that you purchased it eg from cheque book records, a receipt etc?? if you wrote to them with this evidence and explained as advised above you may avoid the court appearance.

 

The key thing to remember is the fact that if you have been charged with the simple Byelaw offence, it is a strict liability matter.

 

Whether you had a ticket and left it at home or not isn't relevant, the offence in these cases is normally 'failed to show'.

 

It may seem harsh in some cases and a Court may consider mitigation, but if you haven't been charged with 'intending to avoid a liability', the fact that you failed to show a ticket on demand it the charge you are facing.

 

Wriggler is right, your best shot is to write directly to the Prosecutor and see if you can get them to settle this matter administratively.

[Bipolarschizophrenic]

The key thing to remember is the fact that if you have been charged with the simple Byelaw offence, it is a strict liability matter.

 

Whether you had a ticket and left it at home or not isn't relevant, the offence in these cases is normally 'failed to show'.

 

It may seem harsh in some cases and a Court may consider mitigation, but if you haven't been charged with 'intending to avoid a liability', the fact that you failed to show a ticket on demand it the charge you are facing.

 

Wriggler is right, your best shot is to write directly to the Prosecutor and see if you can get them to settle this matter administratively.

 

Thank you for the useful information, I don't have any proof regarding my purchase.

 

Hmmmm, this is looking pretty dire, or maybe im just being pessimistic and not giving my fellow man the benefit of the doubt.

I dont know, i'll do as advised and hope for the best i suppose, and start making plans for my new career as a criminal if it fails, I'm thinking grave robbing is often overlooked

as a criminal source of income.