Train fare penalty summons

[nolhy]

I was travelling on a train to Hertford North from Finsbury Park. I did not realise Hertford was out of zone 6 and I scanned my Oyster

card at finsbury park.

 

I was asked by a ticket inspector for my ticket

and I gave him my oyster card to scan. He saidthat was not valid and

I had to pay a fine. I said ok. I gave him my name and address and then

got off as it was my stop.

 

I then was away on holiday and I came back to a

letter from a prosecutions officer asking me to explain why I had no ticket and

that they were planning to take me to court and then I had also received

a letter from the court explaining I had been summons.

 

The inspectors version of events are different as what I believed happened is he forgot to properly do his paperwork or follow protocol.

 

1ST discrepancy is that He did not ask where i had travelled from.

In his statement he says he did and I said Bowes Park (lie).

 

Secondly,

he says I was asked to sign something which again is untrue. This did not

happen as I would have. I had already given him my details.

 

He said he

then told me it would be reported which again is another lie as if he

had of done either I would have.

 

I now have a summons next friday and have been asked to plead guilty and attend or guilty and not attend or not guilty and have it rearranged. admin costs £110 which I am happy to pay if it means I do not get a criminal record.

 

I am tempted though to plead not guilty as I have done nothing wrong. It also says even if I plead guilty and then submit mitigating circumstances which would suggest otherwise which I will. Then they will change my plea and it will be reaaranged.

 

As I scanned my

at finsbury park then surely the charge of * entering a train for a purpose

of travelling without a ticket entitiling travel is not a valid one? I made a

mistake which I was happy to pay for but I feel this has already gone too far

as it is..

 

I have to send the letter by tomorrow and not sure what to do..

 

thanks in advance for any help you can give.

Edited July 25, 2012 by honeybee13
Editing in some spacing for ease of reading.

[honeybee13]

Hello and welcome to CAG.

 

I'll move this to the transport forum and hope the guys see it in time to advise you before tomorrow. I'll send you a link by PM.

 

My best, HB

[Grotesque]

When did the incident take place? If you are 'on the spot' next Friday, some time ago?

 

I was travelling on a train to Hertford North from Finsbury Park. I did not realise Hertford was out of zone 6 and I scanned my Oyster

card at finsbury park.

 

Unfortunately the railway company will deem it your responsibility to buy the right ticket, in your case an extension, but either way they will probably draw your attention to the signage which exists around stations for your information, re. zones, Oysters, route maps, penalty fare schemes etc.

 

I was asked by a ticket inspector for my ticket

and I gave him my oyster card to scan. He saidthat was not valid and

I had to pay a fine. I said ok. I gave him my name and address and then

got off as it was my stop.

 

Did he give you a "receipt"? One which says at the top 'Penalty Fare Notice' and various other details? If not, you did receive a fine. Did he, in the parlance, 'read you your rights'? -i.e., "you do not have to say anything"? Of course, if he was just reporting you for ticketless travel (an absolute offence) then he doesn't have to.

 

I then was away on holiday and I came back to a

letter from a prosecutions officer asking me to explain why I had no ticket and

that they were planning to take me to court and then I had also received

a letter from the court explaining I had been summons.

 

How long were you away for? None of my business, of course, but you certainly wouldn't have had a week away and then returned to find two letters from them. One of them, definitely the latter, would tell you the charge you are being summonsed under. We need to know that.

Until we know that, then this-

 

The inspectors version of events are different as what I believed happened is he forgot to properly do his paperwork or follow protocol.

 

1ST discrepancy is that He did not ask where i had travelled from.

In his statement he says he did and I said Bowes Park (lie).

 

Secondly,

he says I was asked to sign something which again is untrue. This did not

happen as I would have. I had already given him my details.

 

He said he

then told me it would be reported which again is another lie as if he

had of done either I would have.

 

-is temporarily irrelevant. But not completely we can re-address those points at a later date.

 

I now have a summons next friday and have been asked to plead guilty and attend or guilty and not attend or not guilty and have it rearranged. admin costs £110 which I am happy to pay if it means I do not get a criminal record.

 

More information on this matter of £110 would be interesting. Figures aren't usually mentioned unless they 'don't object' to you offering to pay it. Not a guarantee of course, but the wording could be fundamental.

 

I am tempted though to plead not guilty as I have done nothing wrong.

 

Unfortunately not true as, for whatever reason, you failed to present a valid ticket for the journey you were making when requested. In other words a 'service' (effectively a commodity, in this case) has been used but to date, unpaid for.

 

It also says even if I plead guilty and then submit mitigating circumstances which would suggest otherwise which I will. Then they will change my plea and it will be reaaranged.

 

Yes, because 'pleas' are black and white, one-or t'other: no halfway house; If you say "I'm guilty but it's not my fault", then the Court takes that to say that it's NOT your fault, ergo, entered as a 'not guilty' plea. So it will be progressed to Crown Court instead.

 

As I scanned my

at finsbury park then surely the charge of * entering a train for a purpose

of travelling without a ticket entitiling travel is not a valid one? I made a

mistake which I was happy to pay for but I feel this has already gone too far

as it is..

 

As I said before (sorry for repetition), it is your responsibilty to understand the validity of your ticket, geographically. Also bear in mind that when you purchase an Oyster, you are signing an express contract to use it correctly. Unfortunately, it up to the railway company to decide whether you 'made a mistake', and that this has 'already gone too far', rather than you. The Oyster is only valid if it is a zonal Travelcard and is used within the designated zones; or if it's a PAYG (pre-pay) it must be 'touched in' AND out. So if you travel , and are unable to touch out.... Bingo! -No ticket. It's basicallly a TfL ticket, and the same rules apply, barriers or not.

 

I have to send the letter by tomorrow and not sure what to do..

 

If you're guilty, and know it, plead guilty. If you (think you) had a ticket and are being wrongly prosecuted then you obviously should plead not guilty. Personally I'd like to know more about the phraseology around this £110... it could be an exit. I.e., you may not have to plead at all...

 

thanks in advance for any help you can give.

 

Np; but I fear my 'advice', such as it was, and though thoroughly in your interest and to your advantage it is intended to be, is not that positive.

 

GOOD LUCK.

Edited July 25, 2012 by Grotesque