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Help for a newbie please


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Hi guys.

 

There is a thread on the legal forum from a new cagger who is being taken to court over an Oyster card problem.

 

I've said that he can continue to negotiate with the TOC/s up to the court date, so any constructive thoughts will be welcome.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?414250-Help-info-needed-for-prosecution-over-failed-Oyster-top-up%289-Viewing%29-nbsp

 

HB

Illegitimi non carborundum

 

 

 

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Hi,

 

I am being prosecututed by TFL/national Rail for failing to have funds on my Oyster card.

 

An inspector asked for my Oyster card when coming off the train and to my suprise I had no funds on it.

 

The previous day, I had bought a weekly 1&2 travel card from a newsagents that was to be put on my card.

 

Before they could do this, I was told I had £3 outstanding to clear. I cleared this, then paid with my debit card,

 

for the weekly travelcard.

 

 

So when I was told by the inspector I had no funds I was shocked, but thought olk I have my receipt.

 

I showed them this but was told it was not the correct one. You need two which I did not have;

 

the one I had was for the visa charge. I told him that a mistake must have been made at the shop,

 

as I had the exact price for the 1&2 on my receipt. He said this could be for anything!

 

I asked him how much does a weekly 1&2 cost, and he claimed he didn't know!

 

I said you really don't know how much a weekly costs and you are an inspector!?

 

He really was being as awkward as possible.

 

 

To cut a long story short, he wanted me to pay an on the spot fine which I did not have

 

the money for as I was on income support, and the travel card I paid for was a lot as is, at the time,

 

and he insisted I intended to travel without paying when I had a receipt that showed that

 

I had paid, but not the exactly correct one, and I did not intend to do so.

 

The shop that made the mistake, put the funds back on my card when I went back I showed them my

 

receipt and apologised;

 

 

But now I am being prosecuted for this, as when they writ to me to get my view, I explained the situation,

 

sent them my visa receipt but they still want to go ahead.

 

 

So, do I risk a criminal record? Can I get the shop to write a statement on my behalf?

 

On the summons form it says if I plead guilty it will cost me around £160.00!

 

 

It seems so unfair when it was the shop that made the mistake not me.

 

 

 

What is the best course of action, as I cannot afford a lawyer, and I have never been to

 

court before and don't really have the money to pay the fine as I am on income support again.

 

 

Do I have no chance?

 

 

Thanks,

 

 

Paul

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Hello Paul.

 

As I said on your other thread, it's much better to keep all the advice on one thread. It can be confusing for all concerned otherwise.

 

I've merged your new thread with the one I started. I'm sure the guys from this forum will look at your other thread if they feel they can help.

 

HB

Illegitimi non carborundum

 

 

 

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That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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