Court summons for underpaying fare

[khan2012]

Hi , I received court summons as I caught on train buying zone 2-3 but travelling on zone 1 and didn't touch my oyster card to start my journey to avoid fare for zone 1.I said I have done this intentionally for a month.As the inspector said he is just taking my details and they will send me fine,but I didn't have an idea it is going on court.Anyway I know I am guilty. I wrote to tfl couple of times and spoke to them number of times but it feels like they are not ready to listen.I have court date coming in next month.

 

In court summons it given me three option-

1.Not attend court and plead guilty

2.Attend court & plead guilty

3.Not plead guilty

 

Now my question is, I would plead guilty , should I do it by writing or by attending.Can you please suggest which way it would be better for me & is there anyway I can ask for "absolute discharge". which may not be a criminal conviction.Please help as I am in real stress with this fact & also would like to mention , I showed them reason as I had real problem with my finance therefore I couldn't buy zone 1-3 instead bought zone 2-3.pls help asap.I would be eagerly waiting for your reply.Thanks

[honeybee13]

Hello and welcome to CAG.

 

I've started a new thread for you as you posted on an old one. Please continue to post here.

 

I expect the guys will be along later with advice for you.

 

My best, HB

[Justice_]

It would be better to plead guilty and attend. You can apologise and explain any mitigating circumstances, such as financial hardship, to the magistrates. You can also provide mitigation against sentencing, such as character references or documentation demonstrating that you could lose your job or visa. You would need strong evidence to support this though.

 

An absolute discharge is a finding of guilt, is still a conviction, and would still give you a criminal record. Even so, unfortunately there is very little chance that you could get this as the fare evasion was clearly intentional and over an extended period of time.

[khan2012]

It would be better to plead guilty and attend. You can apologise and explain any mitigating circumstances, such as financial hardship, to the magistrates. You can also provide mitigation against sentencing, such as character references or documentation demonstrating that you could lose your job or visa. You would need strong evidence to support this though.

 

An absolute discharge is a finding of guilt, is still a conviction, and would still give you a criminal record. Even so, unfortunately there is very little chance that you could get this as the fare evasion was clearly intentional and over an extended period of time.

 

Thanks Justice,for your reply.I am so kind of you.Can I ask on court summons when I reply it comes with a form having expense information need to be filled out also asking employer information...should I fill that form or not? Also should I include any mitigation in writing with this form as I am going to attend court date anyway.If you reply I would appreciate a lot.Thanks

[Justice_]

Thanks Justice,for your reply.I am so kind of you.Can I ask on court summons when I reply it comes with a form having expense information need to be filled out also asking employer information...should I fill that form or not? Also should I include any mitigation in writing with this form as I am going to attend court date anyway.If you reply I would appreciate a lot.Thanks

If you are planning to attend court, you should only send the plea form, and you should fill out the part which says "I intend to plead guilty, and will attend court". You should not send anything else, you should bring the means form and mitigation documents with you to court and present it to the magistrates.

 

If you plan to plead guilty and do not wish to attend court, you MUST fill out a means form and send this with your plea.

 

I would also like to correct my previous post. A discharge is deemed to be NOT a conviction, as per section 14 (1) of the Powers of Criminal Courts (Sentencing) Act 2000 (http://www.legislation.gov.uk/ukpga/2000/6/section/14). An absolute discharge is not a conviction, and a conditional discharge is not a conviction unless you breach the conditions of the discharge. However, they will both still give you a criminal record.

[khan2012]

Thanks for reply.I would attend in court and plead guilty.Also in the mean time should I carry on writing to TFL ask them to settle out of court?Also do I need any lawyer in court or should I go on myself and plead guilty and request to give me an absolute discharge?Please reply...Anything happen I will let you know . Thanks again

[Justice_]

Have a look here at page 89, which is about fare evasion: http://sentencingcouncil.judiciary.gov.uk/docs/MCSG_(web)_-_March_2012.pdf

 

The range of sentence is Band A to Band C fine. That means you could get a fine of 50% (Band A), 100% (B) or 150% © of your weekly wages. You also have the aggravating factor of "High level of loss caused or intended to be caused", which could increase the level of fine.

 

I'm sorry to say, but what you've said leads me to believe you have absolutely no chance of receiving an absolute discharge (which are only given in around 0.5% of all criminal cases) and a very small chance of getting a conditional discharge (which are given in around 6% of cases). Magistrates are allowed to depart from the guidelines only in exceptional circumstances, and in the interests of justice. Common reasons for this include job loss or health issues. If you have an exceptional reason why it would not be in the interests of justice to fine you, then you should seek the advice of a solicitor. If you don't have any such circumstances, then you shouldn't waste your time and money as you will definitely get a fine.

 

You can try contacting TfL, but they are very tough so you are not likely to succeed.

[Old-CodJA]

khan2012, what is the actual charge on your Summons please?

[iambilly]

How did you get on at court? I am in the same boat as you and am about to go to court?

 

Please let me know what happened

[button_muffin]

So far nothing has happened, and it's more than 6 months since the incident. I moved abroad for work, which may have had something to do with it.

 

I consulted a lawyer (**EDIT OUT NAME ** in Cardiff who have a free drop-in clinic Tuesday's 6 - 8pm) who told me to tell Transport Investigations Ltd that I would be abroad, and tell the rail company too.

 

He said any court would be daft not to adjourn, and to keep me on the books over 50p would be too costly. I told them about 10 days before I left, and I got a letter saying things would proceed. I sent another letter from my new country once I was here and had a confirmed address. I have heard nothing since.

 

 

Keep communications open - try and get it dismissed up to the last minute. A dude working for Citizens Advice who had the same problem in London got let off with a fine outside of the trial 1 hour before his case was to go to court. He suggests get a lawyer (his former girlfriend was a trainee barrister).

 

 

I hope you don't get a criminal record. You and I did the wrong thing, and yes we should be punished with a fine, but a criminal record is daft for this!

Edited June 21, 2012 by citizenB
removed solicitors name

[Old-CodJA]

So far nothing has happened, and it's more than 6 months since the incident. I moved abroad for work, which may have had something to do with it. I consulted a lawyer who told me to tell Transport Investigations Ltd that I would be abroad, and tell the rail company too.

 

I would check and see if a case has been heard in your absence if I were you

 

He said any court would be daft not to adjourn,

 

That would be the normal practice however, a Court will not keep adjourning indefinitely.

 

and to keep me on the books over 50p would be too costly.

 

That seems incredibly strange advice for a Lawyer to give. They should know that the adjournment in these cases costs nothing more than asking the Magistrates to put the case over to another date. If they agree, then the file is so marked. As an aside, so far as I am aware there is no fare on National Rail that is as low as 50p.

 

I told them about 10 days before I left, and I got a letter saying things would proceed. I sent another letter from my new country once I was here and had a confirmed address. I have heard nothing since.

Keep communications open - try and get it dismissed up to the last minute. A dude working for Citizens Advice who had the same problem in London got let off with a fine outside of the trial 1 hour before his case was to go to court. He suggests get a lawyer (his former girlfriend was a trainee barrister).

I hope you don't get a criminal record. You and I did the wrong thing, and yes we should be punished with a fine, but a criminal record is daft for this!

 

 

It is the original information that has to be laid before the Court to authorise a summons within 6 months of commission of the offence.

 

If, after that summons has been served, the defendant then tells the Court that they wish to challenge the evidence, but will be out of the country for say 3 months, the Court will usually adjourn the hearing until they return.

Edited June 21, 2012 by Old-CodJA

[button_muffin]

I would check and see if a case has been heard in your absence if I were you

 

 

 

That would be the normal practice however, a Court will not keep adjourning indefinitely.

 

 

 

That seems incredibly strange advice for a Lawyer to give. They should know that the adjournment in these cases costs nothing more than asking the Magistrates to put the case over to another date. If they agree, then the file is so marked. As an aside, so far as I am aware there is no fare on National Rail that is as low as 50p.

 

 

 

 

It is the original information that has to be laid before the Court to authorise a summons within 6 months of commission of the offence.

 

If, after that summons has been served, the defendant then tells the Court that they wish to challenge the evidence, but will be out of the country for say 3 months, the Court will usually adjourn the hearing until they return.

 

No, the difference in price was less than 50p! I bought the wrong ticket. He said it would be too much effort and costly on their part to keep my case open.

 

I had my mail re-directed, I am not dull enough to just ignore it. I also gave both the rail company and TIL my new address! I am not at that address anymore and am also no longer on the electoral register.

 

I was informed by the lawyer that if I had not heard from them within 6 months of the date of incident I could consider the case dropped.

[button_muffin]

And so far it's been almost 4 months! And I have no idea if/when I will return.

[Old-CodJA]

I was informed by the lawyer that if I had not heard from them within 6 months of the date of incident I could consider the case dropped.

 

That's pretty poor advice I'm afraid.

 

For example: if a report was made on 01st January and subsequent correspondence remained unresolved, a prosecutor will have at the very extreme until 30th June to 'lay the information' of an alleged offence before a Court in order to issue a Summons. The Court may well be pretty busy (with recent staffing cuts they all are) and it might be a month, or even two before the hearing date is listed. The prosecution must serve the Summons on the alleged offender with at least 7 clear days before the hearing, so again at the very extreme it could be nearly 8 months after the alleged incident before you actually receive a Summons.