Letter says I was convicted in my absence, what can I do? - RESOLVED

[talktoibbu]

Thank you very much Wtlh,

 

I've alreay written to TfL last week explaining the situation and sent my bank statement enclosed with a proof of payment to Tfl requesting them to consider my case under section 10 of prosecution policy.

 

They replied to me and asking for the oyster number which I don't remember now cause its long time (nearly 1 year now)i stopped using that oyster and all i remember now is that was not working and chucked it out can they not find out with the payment reference on bank statement or can I call oyster department to give me the card details for this particular payment reference

 

I don't know what to reply now

[wtlh]

I think you would be very very lucky if TFL has kept records of your purchase for such long time.

Do you have an online oyster account?

If your card has been registered online, and you have not deleted the card, it should still be there.

 

Otherwise if you have tried everything and still could not find the card number,

I guess you will just have to call the prosecution office in person and explain you have tried everything.

 

I think this will make your case some-what weaker but if you sound sincere enough I think they will still be likely to believe you, since you still have the credit card record (as opposed to having nothing at all to back up your claims).

Edited March 1, 2018 by dx100uk
spacing

[talktoibbu]

Hi All,

 

I'm glad to inform that TfL has agreed out of court settlement but they asked me to pay the administration cost and sign a declaration which says "accept guilt as charged" does it mean that even if I settle outside the court I will get a criminal record?

 

I'm fine to pay the monies but the above sentence bothers me.

Thanks

[honeybee13]

Hello again.

 

I can see why you're concerned about the wording with 'guilty' in it. Hopefully the guys will be along later to clarify for you.

 

My best, HB

[Old-CodJA]

they asked me to pay the administration cost and sign a declaration which says "accept guilt as charged" does it mean that even if I settle outside the court I will get a criminal record?

 

NO, definitely not.

 

If a settlement is agreed, paid and completed out of Court there is no criminal record

 

All that remains is a note on TfL records to the effect that you have been given a warning that a valid ticket must always be held on future journeys.

[honeybee13]

Thank you for the clarification, OC.

 

HB

[talktoibbu]

Thanks OC and HB

 

This forum is really helpful and the advice is really invaluable

 

Many thanks and kind regards to all.

[talktoibbu]

Hi*

 

Today I've paid the agreed settlement charges over telephone and they gave me a payment reference number and they confirmed me that the case will be withdrawn now.

 

Is there any way to confirm whether they did or not cause I've read one issue in the forum where a settlement has been agreed out of the court but he received a court fine after that.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?357029-Out-of-court-settlement-but-was-still-sent-a-letter-from-the-court

[wtlh]

When we paid our costs I did ask for a receipt sent to us but was told this was unnecessary.

I then called the solicitor who was advising us for free

 

he told us that the only way to confirm is to ring the court the day after the intended trial.

They would only have records then.

 

It is very rare when the prosecutor forgot about your agreement and processed you in your absence at the court.

And IF this happens you can inform the court and TFL again and ask TFL to correct the mistake.

TFL will be obliged to do so.

[talktoibbu]

Thanks a lot wtlh

[Bandit127]

Given that a criminal record might hang on this I would attend court. Take the payment reference with you, just in case TFL have neglected to inform the court.

[firstclassx]

You only need to ring up at 10am and ask if you are on the daily listings (Transport for London v You).

If you are, explain, and if necessary, attend and speak to prosecutor.

 

If not, sorted!

[talktoibbu]

Yes i agree Its best ring them on the hearing date and find out if the case is still booked for trail or withdrawn

[talktoibbu]

Hi All

 

Today recieved a confirmation letter from justices clerk that the case has been withdrawn and no further action required.

 

Once again thank you all for your help and support especially WTLH, OldcodJ & HB

[honeybee13]

Hello again.

 

I'm pleased for you, well done and thank you for letting us know. I'll alter your thread title.

 

My best, HB